R156-76-501. Administrative Penalties - Unlawful Conduct

  In accordance with Sections 58-76-501 and 58-76-502 and Subsections 58-1-501(1)(a) through (d), unless otherwise ordered by the presiding officer, the following fine schedule shall apply.

  (1) Engaging in unlicensed practice or using any title that would cause a reasonable person to believe the user of the title is licensed under this chapter.

  First Offense: $800

  Second Offense: $1,600

  (2) Engaging in, or representing oneself as engaged in the practice of geology as a corporation, proprietorship, partnership, or limited liability company unless exempted from licensure.

  First Offense: $800

  Second Offense: $1,600

  (3) Impersonating another licensee or engaging in practice under this chapter using a false or assumed name, unless permitted by law.

  First Offense: $1,000

  Second Offense: $2,000

  (4) Knowingly employing any person to practice under this chapter who is not licensed to do so.

  First Offense: $1,000

  Second Offense: $2,000

  (5) Knowingly permitting any person to use his license except as permitted by law.

  First Offense: $1,000

  Second Offense: $2,000

  (6) Citations shall not be issued for third offenses, except in extraordinary circumstances approved by the investigative supervisor. If a citation is issued for a third offense, the fine is double the second offense amount, with a maximum amount not to exceed the maximum fine allowed under Subsection 58-76-502(1)(i).

  (7) If multiple offenses are cited on the same citation, the fine shall be determined by evaluating the most serious offense.

  (8) An investigative supervisor may authorize a deviation from the fine schedule based upon the aggravating or mitigating circumstances.

  (9) In all cases the presiding officer shall have the discretion, after a review of the aggravating and mitigating circumstances, to increase or decrease the fine amount based upon the evidence reviewed.