Cal. Code Regs. tit. 16 § 2291

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 2291 - Rehabilitation Criteria
(a) When considering denial of a license under Section 480 of the Code, the board, in evaluating the rehabilitation of the applicant and his or her present eligibility for a license, will consider the following criteria:
(1) The nature and severity of the act(s) or crime(s) under consideration as grounds for denial.
(2) Evidence of any act(s) committed subsequent to the act(s) 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) 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) Evidence, if any, of rehabilitation submitted by the applicant.
(b) When considering the suspension or revocation of a license on the ground that a guide dog school operator or instructor of blind persons in the use of guide dogs has been convicted of a crime, the Board, in evaluating the rehabilitation of such person and his or her eligibility for a license will consider the following criteria:
(1) Nature and severity of the act(s) or offense(s).
(2) Total criminal record.
(3) The time that has elapsed since commission of the act(s) or offense(s).
(4) Whether the licensee has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed against the licensee.
(5) If applicable, evidence of expungement proceedings pursuant to Section 1203.4 of the Penal Code.
(6) Evidence, if any, of rehabilitation submitted by the licensee.
(c) When considering a petition for reinstatement of a license under Section 11522 of the Government Code, the Board shall evaluate evidence of rehabilitation submitted by the petitioner, considering those criteria of rehabilitation specified in subsection (b).

Cal. Code Regs. Tit. 16, § 2291

1. New Article 5 (Sections 2290 and 2291) filed 10-7-77; effective thirtieth day thereafter (Register 77, No. 41).
2. Amendment of subsection (b) filed 8-10-79; effective thirtieth day thereafter (Register 79, No. 32).
3. Amendment of subsection (a) filed 11-12-82; effective thirtieth day thereafter (Register 82, No. 46).

Note: Authority cited: Sections 482 and 7208, Business and Professions Code. Reference: Sections 482, 7211.9 and 7216, Business and Professions Code.

1. New Article 5 (Sections 2290 and 2291) filed 10-7-77; effective thirtieth day thereafter (Register 77, No. 41).
2. Amendment of subsection (b) filed 8-10-79; effective thirtieth day thereafter (Register 79, No. 32).
3. Amendment of subsection (a) filed 11-12-82; effective thirtieth day thereafter (Register 82, No. 46).