Section 1399.469.5 - Criteria for Rehabilitation-Denial of Licensure(a) When considering the denial of a license under Section 480 of the Business and Professions Code on the ground that the applicant has been convicted of a crime, 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, the board determines that the applicant did not make the showing of rehabilitation based on the criteria in subsection (a), the denial is based on professional misconduct, or the denial is based on one or more of the grounds specified in Sections 4955, 4955.1, and 4955.2 of the Business and Professions 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.(3) The time that has elapsed since commission of the act(s), professional misconduct or crime(s) referred to in paragraphs (1) or (2).(4) Whether the applicant has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed against the applicant.(5) The criteria in subsection (a)(1) to (5), as applicable.(6) Evidence, if any, of rehabilitation submitted by the applicant.Cal. Code Regs. Tit. 16, § 1399.469.5
1. New section filed 9-2-2021; operative 9-2-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 36). 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 481, 482 and 4933, Business and Professions Code. Reference: Sections 480, 481, 482, 488, 493, 4938, 4944, 4955, 4955.1, 4955.2 and 4956, Business and Professions Code.
1. New section filed 9-2-2021; operative 9/2/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 36). 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.