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(continued) rs License Law, the Registrar shall give due consideration to the following guidelines:
Section Recommended Recommended
Violated Minimum Maximum
Civil Penalty Civil Penalty
7030 $50 $100
7030.5 50 100
7071.13 50 100
7075 50 100
7083 50 100
7083.1 50 100
7018.5 50 150
7027.1 50 150
7029.5 50 150
7034 50 150
7068.2 50 150
7110.1 50 150
7117 50 150
7125 50 150
7028.5 50 500
7071.11 50 500
7111 50 500
7113.5 50 500
7154 50 500
7157 50 500
7110 50 1,000
7068.1 50 1,000
7076 50 1,000
7099.10 50 1,000
7099.11 50 1,000
7111.1 50 1,000
7114.1 50 1,000
7118.4 50 1,000
7118.5 50 1,000
7159 50 1,000
7162 50 1,000
7164 50 1,000
7107 100 1,000
7108 100 1,000
7108.5 100 1,000
7108.6 100 1,000
7119 100 1,000
7120 100 1,000
7109 50 1,500
7109.5 50 1,500
7113 50 1,500
7116 50 1,500
7158 50 1,500
7161 50 1,500
7123 500 1,500
7125.1 500 1,500
7028 200 2,000
7029.1 200 2,000
7117.5 200 2,000
7117.6 200 2,000
7114 200 15,000
7118 200 15,000

(a) The minimum and maximum civil penalties as set forth above are advisory only. Where there is more than one violation, where, in the judgment of the Registrar, a person has exhibited bad faith or where, in the judgment of the Registrar, the violation is grave, the maximum recommended civil penalty shall be $2,000.00.
(b) Where a cited person has a history of violations of the same or similar sections of the Contractors License Law, the maximum recommended civil penalty shall be $2,000.00.
Where a citation lists more than one violation the amount of assessed civil penalty shall be stated separately for each section violated.
(c) Where a citation lists more than one violation and each of the violations relates to the same construction project, the total penalty assessment in each citation shall not exceed $2,000.00.
(d) Notwithstanding subsections (a), (b) or (c) a civil penalty of $15,000 may be assessed for a violation of Section 7114 or 7118 if the cited person has a history of violations of the same or similar sections of the Contractors License Law or in the judgment of the Registrar the cited person has exhibited bad faith or the violation is grave.

Note: Authority cited: Sections 7008 and 7099.2, Business and Professions Code. Reference: Sections 7099 and 7099.1, Business and Professions Code.




s 885. Appeal of Citation.
Any person served with a citation pursuant to Section 7099 of the Business and Professions Code may contest the citation by appealing to the Registrar within 15 working days from the receipt of such citation. The 15 day period may be extended upon showing of good cause which determination is within the discretion of the Registrar.
The cited person may contest any or all of the following aspects of the citation:
1. The occurrence of a violation of the Contractors License Law; 2. The reasonableness of the order of correction, if an order of correction is included in the citation;
3. The period of time allowed for correction, if an order of correction is included in the citation;
4. The amount of the civil penalty, if a civil penalty is assessed in the citation.

Note: Authority cited: Section 7008, Business and Professions Code. Reference: Sections 7099.3, 7099.4 and 7099.5, Business and Professions Code.




s 886. Service of Citation.
Service of a citation shall be made in accordance with the provisions of Section 11505(c) of the Government Code, and, further, that a copy of the citation be sent by regular mail.

Note: Authority cited: Section 7008, Business and Professions Code. Reference: Sections 7099.3, 7099.4 and 7099.5, Business and Professions Code.




s 887. Criteria to Evaluate the Gravity of a Violation of Business and Professions Code Section 7028.7.
Before assessing a civil penalty under Section 7028.7 of the Business and Professions Code, the Registrar shall give due consideration to the gravity of the violation, including, but not limited to, a consideration of whether the cited person did one or more of the following:
1. Falsely represented that he/she was licensed.
2. Failed to perform work for which money was received.
3. Executed or used any false or misleading documents in order to induce a person to enter into a contract or to pay money.
4. Made false or misleading statements in order to induce a person to enter into a contract or pay money.
5. Failed to apply funds which were received for the purpose of obtaining or paying for services, labor, materials, or equipment.
6. Performed work that was potentially hazardous to the health, safety, or general welfare of the public.
7. Performed work in violation of the building laws, safety laws, labor laws, compensation insurance laws, or unemployment insurance laws.
8. Performed work that did not meet acceptable trade standards for good and workmanlike construction.
9. Was convicted of a crime in connection with the violation.
10. Committed any act which would be cause for disciplinary action against a licensee.
11. Committed numerous or repeated violations.

Note: Authority cited: Sections 7008 and 7028.7, Business and Professions Code. Reference: Section 7028.7, Business and Professions Code.




s 890. Minimum Qualification Standards for Arbitrators.
For the purposes of Section 7085.5 of the Code, regardless of the method of appointment or selection, arbitrators shall possess the following minimum qualifications:
(a)(1) Five (5) years of experience in the construction industry as a licensed contractor or a professional in a construction related field, such as an architect or engineer, or
(2) Five (5) years of experience as an attorney, judge, administrative law judge, arbitrator, or a combination thereof, handling a minimum of 8 construction related matters.
(b) Completion of an arbitrator's course on construction arbitration within the last 5 years including, but not limited to, training on the process, the ethics and the laws relating to arbitration. The training on the process of arbitration may include such topics as the role of the arbitrator, the use of effective questioning techniques, and the role of an expert in an arbitration proceeding.
(c) Completion of 8 hours of continuing education on construction arbitration every 5 years, including, but not limited to, the topics set forth in subsection (b).
(d) Completion of a training program related specifically to the Board's arbitration procedures, laws and policies.

Note: Authority cited: Sections 7008 and 7085.5(b)(3), Business and Professions Code. Reference: Section 7085 et seq., Business and Professions Code.