General Application. This regulation shall be used by the Board as a guide for sanctioning pursuant to the Board’s authority under Health Occupations Article, §§7–205, 7–316, and 7–604, Annotated Code of Maryland, for violations of the Morticians and Funeral Directors Act and the Board’s regulations. 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. A departure from the sanctioning guidelines alone is not a ground for any hearing or appeal of a Board action. Notwithstanding these sanctioning guidelines, in order to resolve a disciplinary matter, the Board and the offending person may agree to surrender a license, courtesy card, permit, or certificate, or agree to a consent order with terms, conditions, and sanctions agreed upon. In a case where there are multiple and distinct violations, the Board may impose a sanction greater than the maximum indicated by the sanctioning guidelines for each individual violation. If probation is imposed, the Board may impose appropriate terms and conditions of probation. Violations of the terms or conditions may cause the Board to take further disciplinary action. In the event a violation does not fall within the sanction range, the Board shall so indicate and use its best judgment to determine the appropriate sanction and consider, to the extent possible, the factors in the sanctioning guidelines. Range of Sanctions. Mitigating and Aggravating Factors. Depending on the facts and circumstances of each case, and to the extent that they apply, the Board may consider the following mitigating and aggravating factors in determining whether the sanction in a particular case should fall outside of the range of sanctions established by the guidelines. These factors may include, but are not limited to the following: Mitigating Factors: Absence of a prior disciplinary record; The respondent reported the violation to the Board; The respondent voluntarily admitted violation, provided full disclosure to the Board, and cooperated during Board proceedings; The respondent implemented remedial measures to correct or mitigate harm arising from the violation; The respondent made a timely good-faith effort to make restitution or otherwise rectify the consequences of the violation; Evidence of rehabilitation or potential for rehabilitation; Absence of premeditation to commit the violation; Absence of potential harm to or adverse impact on the public or adverse impact on the public; Isolated incident and not likely to recur; and The respondent’s prior community service and present value to the community. Aggravating Factors: Previous criminal or administrative disciplinary history; The violation was committed deliberately or with gross negligence or recklessness; The violation had the potential for, or caused, serious harm; The violation was part of a pattern of detrimental conduct; The respondent was motivated to perform the violation by the respondent’s financial gain; The vulnerability of the bereaved; The respondent attempted to conceal the violation, falsified or destroyed evidence, or presented false testimony or evidence; The respondent failed to cooperate with the Board’s investigation; and Previous attempts at rehabilitation were unsuccessful.