Section 971 - Criteria for Rehabilitation(a) Denial of a license. (1) When considering the denial of a license pursuant to section 480, 7362, 7403, or 7405 of the Business and Professions Code or a section of the Barbering and Cosmetology Act (Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code) citing Section 480 of the Business and Professions Code as providing grounds for denial of licensure 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: (A) The nature and gravity of the crime(s).(B) The length(s) of the applicable parole or probation period(s).(C) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.(D) The terms or conditions of parole or probation and the extent to which they bear on the applicant's rehabilitation.(E) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification.(2) 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 paragraph (1), the denial is based on professional misconduct, or the denial is based on one or more of the grounds other than a criminal conviction that are specified in Section 7362(c) or 7403 of the Business and Professions Code, the board shall apply the following criteria in evaluating an applicant's rehabilitation: (A) The nature and the gravity of the act(s), professional misconduct, or crime(s) under consideration as grounds for denial.(B) 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.(C) The time that has elapsed since commission of the act(s), professional misconduct, or crime(s) referred to in subparagraph (A) or (B).(D) Whether the applicant has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed against the applicant.(E) The criteria in subparagraph (1)(A)-(E), as applicable.(F) Evidence, if any, or rehabilitation submitted by the applicant.(b) Suspension or revocation of a license. (1) When considering the suspension or revocation of a license under Section 490, 7362, 7403, 7404, or 7405 of the Business and Professions Code on the ground that the licensee 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: (A) The nature and gravity of the crime(s).(B) The length(s) of the applicable parole or probation period(s).(C) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.(D) The terms or conditions of parole or probation and the extent to which they bear on the licensee's rehabilitation.(E) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification.(2) If the licensee has not completed the criminal sentence at issue without a violation of parole or probation, the board determines that the licensee did not make the showing of rehabilitation based on the criteria in paragraph (1), the suspension or revocation is based on acts underlying a disciplinary action as described in Section 141 of the Business and Professions Code, or the suspension or revocation is based on one or more of the grounds other than a criminal conviction that are specified in Section 7362(c), 7403, or 7404 of the Business and Professions Code, the board shall apply the following criteria in evaluating the licensee's rehabilitation: (A) The nature and gravity of the act(s), disciplinary action(s), or crime(s) under consideration as grounds for suspension or revocation.(B) Evidence of any act(s), disciplinary action(s), or crime(s) committed subsequent to the act(s), disciplinary action(s), or crime(s) under consideration as grounds for suspension or revocation.(C) The time that has elapsed since commission of the act(s), disciplinary action(s), or crime(s) referred to in subparagraphs (A) or (B).(D) Whether the licensee has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed against the licensee.(E) The criteria in paragraph (1)(A)-(E), as applicable.(F) Evidence, if any, or rehabilitation submitted by the licensee.(c) When considering a petition for reinstatement of a license, the board shall evaluate evidence of rehabilitation submitted by the petitioner, considering those criteria of rehabilitation specified in subdivision (b).Cal. Code Regs. Tit. 16, § 971
1. Repealer and new section filed 10-24-94; operative 11-23-94 (Register 94, No. 43). For prior history, see Register 84, No. 28.
2. Amendment of section and NOTE filed 6-9-2021; operative 6-9-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 24). 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 7312, Business and Professions Code. Reference: Sections 141, 475, 480, 481, 482, 488, 490, 493, 7347, 7355, 7362, 7403, 7404 and 7405, Business and Professions Code.
1. Repealer and new section filed 10-24-94; operative 11-23-94 (Register 94, No. 43). For prior history, see Register 84, No. 28.
2. Amendment of section and Note filed 6-9-2021; operative 6/9/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 24). 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.