Issuance of citation by Board containing order of abatement or order to pay administrative fine; contents; penalty for failure to comply; regulations.
1. The Board may issue to a licensee a citation which may contain an order of abatement or an order to pay an administrative fine assessed by the Board when the licensee is in violation of any provision of this chapter or any regulation adopted by the Board.
2. A citation must be in writing and describe with particularity the nature of the violation, including specific reference to the provision of law or the regulation determined to have been violated, and the amount of the fine, if any. A citation must be issued for each violation of this chapter or any regulation adopted by the Board.
3. Where appropriate, the citation must contain an order of abatement fixing a reasonable time for abatement of the violation.
4. The administrative fine assessed by the Board must not exceed $5,000 for each violation. In assessing a fine the Board shall give consideration to the appropriateness of the amount of the fine with respect to such factors as the gravity of the violation, the good faith of the licensee and the history of previous violations.
5. A citation must inform the licensee that if he desires a hearing to contest the finding of a violation or the amount of the fine assessed, the hearing must be requested by written notice to the Board within 30 days after the date of issuance of the citation. If a hearing is not requested pursuant to this section, a settlement does not constitute an admission of the violation charged unless the settlement agreement stipulates to such an admission.
6. Failure of a licensee to pay a fine within 30 days after the date of assessment, unless the citation is being appealed, may result in disciplinary action being taken by the Board. Where a citation is not contested and a fine is not paid, the full amount of the fine that is assessed must be added to the fee for renewal of the license. A license must not be renewed without payment of the renewal fee and fine.
7. Notwithstanding any other provision of law, where a fine is paid to satisfy an assessment based on the finding of a violation, payment of the fine constitutes a satisfactory resolution of the matter for purposes of public disclosure of the disposition of the violation.
8. The Board may adopt regulations to carry out this section. It may also adopt regulations to establish similar provisions for the issuance of a citation to a person who is practicing veterinary medicine without a license.
Last modified: February 27, 2006