Section 1399.156.2 - Rehabilitation Criteria for Denials and Reinstatements(a) When considering the denial of a license or registration under Section 480 of the Code, on the ground that the applicant has been convicted of a crime, or when considering a petition for reinstatement under Section 11522 of the Government Code, the Board shall consider whether the applicant made a showing of rehabilitation, if the applicant 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 applicant's rehabilitation.(5) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification.(b) If the applicant has not completed the criminal sentence at issue without a violation of parole or probation, or the Board determines that the applicant did not make the showing of rehabilitation based on the criteria in subdivision (a), the denial is based on professional misconduct, or the denial is based on one or more of the grounds specified in Sections 2533 and 2533.1 of the Code, the Board shall apply the following criteria in evaluating an applicant'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 of the Code.(3) The time that has elapsed since commission of the act(s), professional misconduct, or crime(s) referred to in subdivision (1) or (2).(4) The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.(5) The criteria in subdivision (a)(1)-(5), as applicable.(6) Evidence, if any, of rehabilitation submitted by the applicant.Cal. Code Regs. Tit. 16, § 1399.156.2
1. Change without regulatory effect renumbering former section 1399.183 to section 1399.156.2 filed 12-6-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 50).
2. Change without regulatory effect amending first paragraph and subsection (b) filed 10-28-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 44).
3. Amendment of section heading, section and NOTE filed 5-7-2021; operative 5-7-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 19). 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: Sections 482 and 2531.95, Business and Professions Code. Reference: Sections 475, 480, 481, 482, 488, 490, 493, 2533 and 2533.1, Business and Professions Code.
1. Change without regulatory effect renumbering former section 1399.183 to section 1399.156.2 filed 12-6-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 50).
2. Change without regulatory effect amending first paragraph and subsection (b) filed 10-28-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 44).
3. Amendment of section heading, section and Note filed 5-7-2021; operative 5/7/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 19). 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.