Sec. 10.40.11.03. General Application

A. This chapter shall be used by the Board as a guide for sanctioning licensees.

B. The Board is not required to make findings of fact with respect to any of the factors for determining the sanction indicated by the sanctioning guidelines.

C. A departure from the sanctioning guidelines alone is not a ground for any hearing or appeal of a Board action.

D. Notwithstanding this chapter, in order to resolve a disciplinary matter, the Board and the licensee may agree to a surrender of license or a consent order with terms, conditions, and sanctions agreed to by the Board and the licensee.

E. In a case where there are multiple and distinct violations, the Board may impose a sanction greater than the maximum indicated in Regulation .04 of this chapter for each individual violation.

F. If probation is imposed, the Board may impose appropriate terms and conditions of probation, and if a licensee violates the terms or conditions of probation, the Board may take further disciplinary action against the licensee.

G. In the event the licensee’s violation does not fall within the sanction range, the Board shall so indicate and use its best judgment to determine the appropriate sanction and shall consider, to the extent possible, the factors in Regulation .05 of this chapter.