Section 1399.469.6 - Criteria for Rehabilitation-Suspensions or Revocations(a) When considering the suspension or revocation of a license under Section 490 of the Business and Professions Code on the ground that a person holding a license under the Acupuncture Licensure Act has been convicted of a crime, the board shall consider whether the licensee made a showing of rehabilitation if the licensee 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 licensee'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 licensee 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 suspension or revocation is based on a disciplinary action, as described in Section 141 of the Business and Professions Code, or the suspension or revocation is based on or more of the grounds specified in Sections 4955, 4955.1, or 4955.2 of the Business and Professions Code, the board shall apply the following criteria in evaluating the licensee's rehabilitation: (1) The nature and gravity of the act(s), disciplinary action(s), or crime(s).(2) The total criminal record.(3) The time that has elapsed since commission of the act(s), disciplinary action(s), or crime(s).(4) Whether the licensee has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed against such licensee.(5) The criteria in subsection (a)(1) to (5), as applicable.(6) If applicable, evidence of dismissal proceedings pursuant to section 1203.4 of the Penal Code.(7) Evidence, if any, of rehabilitation submitted by the licensee.(c) When considering a petition for reinstatement of a license under the provisions of Section 4960.5 of the Business and Professions Code, the Board shall evaluate evidence of rehabilitation submitted by the petitioner considering those criteria specified in subsection (b) of this section.Cal. Code Regs. Tit. 16, § 1399.469.6
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 141, 475, 480, 481, 482, 488, 490, 493, 4955, 4955.1, 4955.2, 4956 and 4960.5, 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.