Section 1360.2 - Rehabilitation Criteria for Petitions for ReinstatementWhen considering a petition for reinstatement of a license pursuant to the provisions of Section 2307, 2522, or 3576.1 of the Business and Professions Code, or Section 11522 of the Government Code, as applicable, the board or panel shall evaluate evidence of rehabilitation submitted by the petitioner as follows:
(a) If the revocation was based in part on the conviction of a crime, the board shall consider whether the petitioner made a showing of rehabilitation if the petitioner completed the criminal sentence at issue without a violation of parole or probation. In making this determination, the board shall consider the following criteria: (1) The nature and gravity of the crime(s).(2) The length(s) of the applicable parole or probation period(s).(3) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.(4) The terms or conditions of parole or probation and the extent to which they bear on the petitioner's rehabilitation.(5) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for the modification.(b) If the petitioner has not completed the criminal sentence at issue without a violation of parole or probation, the board determines that the petitioner did not make the showing of rehabilitation based on the criteria in subdivision (a), or the revocation was based on professional misconduct, the board shall apply the following criteria in evaluating the petitioner's rehabilitation: (1) The nature and gravity of the act(s), professional misconduct, or crime(s) under consideration as grounds for denial.(2) Evidence of any act(s), professional misconduct, or crime(s) committed subsequent to the act(s), professional misconduct, or crime(s) under consideration as grounds for denial which also could be considered as grounds for denial under Section 480.(3) The time that has elapsed since commission of the act(s), professional misconduct, or crime(s) referred to in subdivisions (1) or (2).(4) In the case of a suspension or revocation based upon the conviction of a crime, the criteria set forth in Section 1360.1, subdivisions (b)(2), (b)(4), and (b)(6).(5) The criteria in subdivisions (a)(1)-(5), as applicable.(6) Evidence, if any, of rehabilitation submitted by the petitioner.Cal. Code Regs. Tit. 16, § 1360.2
1. Amendment of NOTE filed 8-5-81; effective thirtieth day thereafter (Register 81, No. 32).
2. Amendment filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
3. Amendment of section and NOTE filed 1-21-2021; operative 1-21-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 4). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.) Note: Authority cited: Section 2018, Business and Professions Code. Reference: Sections 141, 480, 481, 482, 2307, 2522 and 3576.1, Business and Professions Code.
1. Amendment of NOTE filed 8-5-81; effective thirtieth day thereafter (Register 81, No. 32).
2. Amendment filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).
3. Amendment of section and Note filed 1-21-2021; operative 1/21/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 4). (Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.)