10.58.09.04

.04 Guidelines for Disciplinary Sanctions and Penalties.

A. General Application of Sanctioning Guidelines. Except as provided in Regulation .05 of this chapter, for violations of the Act listed in the sanctioning guidelines, the Board shall impose a sanction not less severe than the minimum listed in the sanctioning guidelines or more severe than the maximum listed in the guidelines for each offense.

B. Ranking of Sanctions.

(1) For the purposes of this regulation, the severity of sanctions is ranked as follows, from the least severe to the most severe:

(a) Reprimand;

(b) Probation;

(c) Suspension; and

(d) Revocation.

(2) A stayed suspension in which the stay is conditioned on the completion of certain requirements is ranked as probation.

(3) A stayed suspension not meeting the criteria of §B(2) of this regulation is ranked as a reprimand.

(4) A penalty listed in the sanctioning guidelines may be imposed in addition to but not as a substitute for a sanction.

(5) The addition of a penalty does not change the ranking of the severity of the sanction.

C. The Board may impose more than one sanction provided that the most severe sanction neither exceeds the maximum nor is less than the minimum sanction permitted in the chart.

D. Any sanction may be accompanied by conditions reasonably related to the offense or to the rehabilitation of the offender. The inclusion of conditions does not change the ranking of the sanction.

E. If a licensee or certificate holder is found in violation of more than one ground for discipline as enumerated in this chapter, the sanction with the highest severity ranking shall be used to determine which ground will be used in developing a sanction and the Board may impose concurrent sanctions based on other grounds violated.

F. Notwithstanding the guidelines set forth in this chapter, in order to resolve a pending disciplinary action, the Board and licensee or certificate holder may agree to a surrender of license or certificate or to a consent order with terms, sanction, and penalty agreed to by the Board and the licensee or certificate holder.

G. If the Board imposes a sanction that departs from the sanctioning guidelines set forth in this chapter, the Board shall state its reasons for doing so in its final decision and order.