Administrative Penalty Guidelines
The Council is entitled to impose
penalties within the minimum and maximum range, as set forth herein,
taking into consideration any aggravating or mitigating circumstances
proven by clear and convincing evidence presented to Council prior to
the imposition of a final penalty.
(1) Aggravating circumstances
: circumstances which may
justify the maximum penalty shall include but not be limited to the
(a) History of previous violations of this Chapter.
(b) In the case of negligence; of the magnitude and scope of the project
and the damage inflicted upon the general public by the Licensee.
(c) Evidence of the violation of professional practice acts in other
jurisdictions wherein the Licensee has been disciplined by the
appropriate regulatory authority.
(d) Violation of the provisions if this Chapter wherein prior action by
Council was previously taken against the Licensee.
(2) Mitigating circumstances :
circumstances which may justify
the minimum penalty shall include but not be limited to the following:
(a) In the case of negligence, the minor nature of the project in
question and lack of danger to the public health, safety and welfare
resulting from the Licensee's violation.
(b) Lack of previous disciplinary history in this or any other
jurisdiction where in the Licensee practices.
(c) Restitution of any damages suffered by the Licensee's client.
(d) The Licensee's professional standing among his peers.
(e) Steps taken by the Licensee or his firm to ensure the
non-reoccurrence of similar violation in the future.