Sec. 10.27.26.04. Aggravating and Mitigating Factors

A. Depending on the facts and circumstances of each case, and to the extent that the facts and circumstances apply, the Board may consider aggravating and mitigating factors in determining whether the sanction in a particular case should fall outside the range of sanctions established by the sanctioning guidelines set forth in Regulation .07 of this chapter.

B. Aggravating factors include, but are not limited to:

(1) A prior criminal or administrative discipline history;

(2) Whether the violation was committed:

(a) Deliberately

(b) With gross negligence; or

(c) Recklessly;

(3) Whether the violation has the potential for, or caused, serious harm;

(4) Whether the violation was a part of a pattern of unacceptable conduct;

(5) Whether the licensee or certificate holder pursued their own financial gain over another individual’s welfare;

(6) Whether the individual affected by the violation was vulnerable;

(7) Whether the licensee or certificate holder attempted to hide the error or misconduct from clients or others;

(8) Whether the licensee or certificate holder:

(a) Concealed, falsified, or destroyed evidence; or

(b) Presented false testimony or evidence;

(9) Whether the licensee or certificate holder failed to cooperate with a lawful investigation conducted by the Board; and

(10) Whether previous attempts to rehabilitate the licensee or certificate holder were unsuccessful.

C. Mitigating Factors include, but are not limited to:

(1) Absence of a prior disciplinary record;

(2) The length of time since any prior violation;

(3) Whether the licensee or certificate holder self-reported to the Board;

(4) Voluntary admission of misconduct with full disclosure to the Board and cooperation with the Board’s investigation;

(5) Implementation of remedial measures to correct or mitigate harm arising from the misconduct;

(6) Timely good-faith efforts to make restitution or to rectify consequences of misconduct;

(7) Evidence of rehabilitation or rehabilitative potential;

(8) Absence of actual or potential harm;

(9) Absence of adverse impact; and

(10) Whether the violation was an isolated incident and not likely to recur.

D. The existence of one or more aggravating or mitigating factors does not impose any requirement on the Board to make findings of fact or to articulate its reason for not exercising its discretion to impose a sanction outside of the range of sanctions set forth in Regulation .07 of this chapter.

E. Nothing in this regulation requires the Board to make findings of fact with respect to the existence or nature of any aggravating or mitigating factor.