Section 1489.2 - Criteria to Evaluate Rehabilitation of a Person when Considering Denial, Suspension or Revocation of an Occupational License(a) When considering the denial of a license under Business and Professions Code section 480, or the suspension or revocation of licensure under Business and Professions Code section 490, on the grounds that the person has committed an act or been convicted of a crime, the California Horse Racing Board will evaluate the rehabilitation of such person and his or her eligibility for licensure, and shall consider the following criteria: (1) The nature and severity of the act(s) and/or offense(s), including its relation to horse racing or pari-mutuel wagering and the protection of the public.(2) The total criminal record, including evidence of any act(s) and/or offense(s) committed subsequent to the act(s) or offense(s) under consideration as grounds for denial, suspension or revocation which also could be considered grounds for denial, suspension, or revocation under Business and Professions Code sections 480 or 490.(3) The time that has elapsed since commission of the act(s) or offense(s).(4) The extent to which the person seeking licensure or the licensee has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed against the person or licensee.(5) The credibility of the person seeking licensure or the licensee, and his or her acceptance of responsibility and remorse for the conduct.(6) Evidence, if any, of rehabilitation submitted by the person seeking licensure or by the licensee. If the evidence of rehabilitation consists of written statements by third parties in support of the person seeking licensure or the licensee, the written statements shall include a description of their relationship to the person or licensee, a description of the length of time their relationship has existed, a description of the rehabilitative efforts of the person seeking licensure or the licensee and should contain the following sentence at the end: "I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct." The written statement should be signed by the third party making the statement and dated.Cal. Code Regs. Tit. 4, § 1489.2
1. New section filed 9-13-2016; operative 9-13-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 38). Note: Authority cited: Sections 482 and 19440, Business and Professions Code. Reference: Sections 480, 482, 490, 19460 and 19461, Business and Professions Code.
1. New section filed 9-13-2016; operative 9/13/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 38).