Sec. 10.57.10.05. Mitigating and Aggravating Factors to be Considered in the Assessment of a Sanction

Depending on the facts and circumstances of each case, and to the extent that they apply, the Board may consider the following aggravating and mitigating factors in determining whether the sanction in a particular case should fall outside the range of sanctions established by the guidelines. These factors may include, but are not limited to:

A. Mitigating Factors:

(1) The certified residential child care program administrator or residential child and youth care practitioner’s lack of a prior disciplinary record;

(2) The certified residential child care program administrator or residential child and youth care practitioner’s self-report violation to the Board;

(3) The certified residential child care program administrator or residential child and youth care practitioner’s full and voluntary admissions of misconduct to the Board and cooperation during Board proceedings;

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

(5) Timely good-faith effort to make restitution or to rectify consequences of misconduct;

(6) Evidence of rehabilitation or rehabilitative potential;

(7) Absence of premeditation to commit the misconduct;

(8) Absence of potential harm to public or adverse impact; and,

(9) The certified residential child care program administrator or residential child and youth care practitioner’s conduct was an isolated incident and not likely to recur.

B. Aggravating Factors:

(1) The certified residential child care program administrator or residential child and youth care practitioner’s has a previous criminal or administrative disciplinary history;

(2) The violation was committed deliberately or with gross negligence or recklessness;

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

(4) The violation was part of a pattern of detrimental conduct;

(5) The certified residential child care program administrator or residential child and youth care practitioner was motivated to perform the violation by his or her financial gain;

(6) The vulnerability of the client or clients;

(7) The certified residential child care program administrator or residential child and youth care practitioner attempted to hide error or misconduct from clients or others;

(8) The certified residential child care program administrator or residential child and youth care practitioner concealed, falsified, or destroyed evidence or presented false testimony or evidence;

(9) The certified residential child care program administrator or residential child and youth care practitioner failed to cooperate with the investigation;

(10) Previous attempts at rehabilitation of the certified residential child care program administrator or residential child and youth care practitioner were unsuccessful; and

(11) The certified residential child care program administrator or residential child and youth care practitioner committed the violation under the guise of treatment.

C. The existence of one or more of these factors does not impose on the Board or an Administrative Law Judge any requirement to articulate its reasoning for not exercising its discretion to impose a sanction outside of the range of sanctions set forth in this chapter.

D. Nothing in this regulation requires the Board or an Administrative Law Judge to make findings of fact with respect to any of these factors.