SECTIONS 5116-5116.6 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 5116-5116.6

5116. (a) The board, after appropriate notice and an opportunity
for hearing, may order any licensee or applicant for licensure or
examination to pay an administrative penalty as provided in this
article as part of any disciplinary proceeding or other proceeding
provided for in this chapter.
(b) The board may assess administrative penalties under one or
more provisions of this article. However, the total administrative
penalty to be paid by the licensee shall not exceed the amount of the
highest administrative penalty authorized by this article.
(c) The board shall adopt regulations to establish criteria for
assessing administrative penalties based upon factors, including, but
not limited to, actual and potential consumer harm, nature and
severity of the violation, the role of the person in the violation,
the person's ability to pay the administrative penalty, and the level
of administrative penalty necessary to deter future violations of
this chapter.
(d) Administrative penalties assessed under this article shall be
in addition to any other penalties or sanctions imposed on the
licensee or other person, including, but not limited to, license
revocation, license suspension, denial of the application for
licensure, denial of the petition for reinstatement, or denial of
admission to the licensing examination. Payment of these
administrative penalties may be included as a condition of probation
when probation is ordered.
(e) All administrative penalties collected under this article
shall be deposited in the Accountancy Fund.

5116.1. In accordance with Section 5116 and applicable regulations,
except as provided in Section 5116.2, any licensee who violates any
provision of this chapter may be assessed an administrative penalty
of not more than five thousand dollars ($5,000) for the first
violation and not more than ten thousand dollars ($10,000) for each
subsequent violation.

5116.2. In accordance with Section 5116 and applicable regulations,
any licensee who violates subdivision (a), (c), (i), (j) or (k) of
Section 5100 may be assessed an administrative penalty of not more
than one million dollars ($1,000,000) for the first violation and not
more than five million dollars ($5,000,000) for any subsequent
violation, except that a licensee who is a natural person may be
assessed an administrative penalty of not more than fifty thousand
dollars ($50,000) for the first violation and not more than one
hundred thousand dollars ($100,000) for any subsequent violation.

5116.3. In accordance with Section 5116 and applicable regulations,
any person who is found to have cheated or subverted or attempted to
subvert or cheat on any licensing examination or who conspired with
or aided or abetted any other person to cheat, subvert or attempt to
subvert any examination may be assessed an administrative penalty of
not more than five thousand dollars ($5,000) for the first violation
and not more than ten thousand dollars ($10,000) for each subsequent
violation.

5116.4. (a) The board's executive officer may request assessment of
an administrative penalty in any disciplinary or other proceeding
provided in this chapter or in any notice to an applicant pursuant to
Section 5112.
(b) The administrative penalty pursuant to subdivision (a) shall
become final unless contested within the time period provided for the
filing of a notice of appeal, for the filing of a notice of defense,
or for requesting a hearing in the proceeding.
(c) Nothing in this article shall prevent an administrative
penalty from being included in a final contested or default decision
of the board or in a notice issued pursuant to Section 5112 once the
time period for requesting a hearing has expired.

5116.5. The board may obtain a judgment in any court of competent
jurisdiction ordering the payment of any final administrative penalty
assessed by the board pursuant to this article upon the filing of a
certified copy of the board's final decision or notice issued
pursuant to Section 5112.

5116.6. Anywhere the term "licensee" is used in the article it
shall include certified public accountants, public accountants,
partnerships, corporations, holders of practice privileges, other
persons licensed, registered, or otherwise authorized to practice
public accountancy under this chapter, and persons who are in
violation of any provision of Article 5.1 (commencing with Section
5096).