Section 3061 - Criteria for Rehabilitation(a) When considering the denial of an application for certification as a geologist-in-training or licensure as a professional geologist, a specialty geologist, a professional geophysicist, or a specialty geophysicist under Section 480 or Section 7863 of the 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 crimes(s).(2) The length(s) of the applicable parole or probation period(s).(3) The extent to which the applicable parole or probation period(s) was shortened or lengthened and the reason(s) the period(s) 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) When considering the denial of an application for certification as a geologist-in-training or licensure as a professional geologist, specialty geologist, professional geophysicist, or specialty geophysicist under Section 480 or Section 7863 of the Code if the Board determines that the applicant has not completed the criminal sentence at issue without a violation of parole or probation or did not make the showing of rehabilitation based on the criteria in subdivision (a) if the denial is based on the ground that the applicant has been convicted of a crime, or, if the denial is based on the ground that the applicant has been subject to formal discipline by another licensing board for professional misconduct, then the Board shall consider whether the applicant made a showing of rehabilitation by applying the following criteria in evaluating the 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 prior to or 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.(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) Any evidence of rehabilitation submitted by the applicant.(6) Total criminal record.(7) If applicable, evidence that the conviction has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.42 of the Penal Code; evidence that the applicant has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code; or evidence of a comparable dismissal or expungement.(8) The criteria in subdivision (a)(1) through (a)(5), as applicable.(c) When considering the suspension or revocation of the certification of a geologist-in-training or the license of a professional geologist, a specialty geologist, a professional geophysicist, or a specialty geophysicist under Section 490, subdivision (b)(1) of Section 7860, subdivision (a) of Section 7860.1, or Section 7863 of the Code on the ground that the license holder has been convicted of a crime, the Board shall consider whether the license holder made a showing of rehabilitation if the license holder 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 crimes(s).(2) The length(s) of the applicable parole or probation period(s).(3) The extent to which the applicable parole or probation period(s) was shortened or lengthened and the reason(s) the period(s) was modified.(4) The terms or conditions of parole or probation and the extent to which they bear on the license holder's rehabilitation.(5) The extent to which the terms or conditions of parole or probation were modified and the reason(s) for modification.(d) When considering the suspension or revocation of the certification of a geologist-in-training or the license of a professional geologist, a specialty geologist, a professional geophysicist, or a specialty geophysicist under Section 490, subdivision (b)(1) of Section 7860, subdivision (a) of Section 7860.1, or Section 7863 of the Code on the ground that the license holder has been convicted of a crime, if the Board determines that the license holder has not completed the criminal sentence at issue without a violation of parole or probation or did not make the showing of rehabilitation based on the criteria in subdivision (c), then the Board shall consider whether the license holder made a showing of rehabilitation by applying the following criteria in evaluating the license holder's rehabilitation: (1) The nature and gravity of the crime(s) under consideration as grounds for suspension or revocation.(2) Evidence of any crime(s) committed prior to or subsequent to the crime(s) under consideration as grounds for suspension or revocation.(3) The time that has elapsed since commission of the crime(s) referred to in subdivision (1) or (2).(4) The extent to which the license holder has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the license holder.(5) Any evidence of rehabilitation submitted by the license holder.(6) Total criminal record.(7) If applicable, evidence that the conviction has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.42 of the Penal Code; evidence that the license holder has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code; or evidence of a comparable dismissal or expungement.(8) The criteria in subdivision (c)(1) through (c)(5), as applicable.(e) When considering a petition of reinstatement of the certification as a geologist-in-training, specialty geologist, or specialty geophysicist or the license of a professional geologist or professional geophysicist, the Board shall evaluate evidence of rehabilitation submitted by the petitioner, including, but not limited to, the following:(1) Educational courses, including college-level courses, seminars, and continuing professional development courses, completed after the effective date of the Board's decision ordering revocation.(2) Professional geological or geophysical work done under the responsible charge of a license holder in good standing or under the responsible charge of a person legally authorized to practice.(3) Payment of restitution to the consumer(s) by the petitioner.(4) Actual or potential harm to the public, client(s), employer(s), and/or employee(s) caused by the action(s) that led to the revocation or that could be caused by the reinstatement of the license.(5) The criteria specified in subdivision (d)(1) through (8), as applicable.(6) Disciplinary history, other than criminal actions, after the revocation.(7) Recognition by the petitioner of his or her own actions and/or behavior that led to the revocation.(8) Correction of the petitioner's actions and/or behavior that led to the revocation.(f) As used in this section, "license" means certification as a geologist-in-training or licensure as a professional geologist, a specialty geologist, a professional geophysicist, or a specialty geophysicist.Cal. Code Regs. Tit. 16, § 3061
1. New section filed 6-13-75; effective thirtieth day thereafter (Register 75, No. 24).
2. Amendment of NOTE filed 6-27-83; effective thirtieth day thereafter (Register 83, No. 27).
3. Change without regulatory effect amending subsection (a) filed 6-30-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 27).
4. Amendment filed 5-18-99; operative 6-17-99 (Register 99, No. 21).
5. Amendment of section heading, section and NOTE filed 6-16-2014; operative 10-1-2014 (Register 2014, No. 25).
6. Amendment of section and NOTE filed 5-17-2021; operative 5-17-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 21). 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 7818, Business and Professions Code. Reference: Sections 480, 481, 482, 488, 490, 493, 7860, 7860.1, 7862, 7863 and 7864, Business and Professions Code.
1. New section filed 6-13-75; effective thirtieth day thereafter (Register 75, No. 24).
2. Amendment of NOTE filed 6-27-83; effective thirtieth day thereafter (Register 83, No. 27).
3. Change without regulatory effect amending subsection (a) filed 6-30-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 27).
4. Amendment filed 5-18-99; operative 6-17-99 (Register 99, No. 21).
5. Amendment of section heading, section and Note filed 6-16-2014; operative 10/1/2014 (Register 2014, No. 25).
6. Amendment of section and Note filed 5-17-2021; operative 5/17/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 21). 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.