Section 13855 - Character, Competency and Responsibility(a) In determining whether an applicant possesses satisfactory character, competency and responsibility, the Labor Commissioner shall consider all information submitted in connection with the application or otherwise obtained by the Labor Commissioner during the review of an application. Information regarding past conduct, including criminal history, substantially related to soliciting or recruiting activities, as defined in section 13850, shall be examined to determine an applicant's character, competency, and responsibility. Conduct or conviction of a crime is substantially related to soliciting or recruiting activities if it evidences present or potential unfitness of an applicant to perform the functions authorized by the registration in a manner consistent with the requirements of the Business and Professions Code. The conduct or convictions considered substantially related to soliciting or recruiting shall include, but not be limited to, the following: (1) Any final determination regarding a violation of a provision of the Business and Professions Code or applicable regulations regulating any occupation which requires a permit, registration, or license;(2) Any criminal or civil violations of the federal Trafficking Victims Protection Act of 2000, farm labor contractor laws under Labor Code sections 1682 through 1699, and Penal Code section 236.1;(3) Any crimes or acts involving dishonesty, fraud, deceit, or theft with the intent to substantially benefit oneself or another or to substantially harm another;(4) Any crimes or acts involving physical violence or threats of physical violence, against persons; physical or psychological force, coercion, trickery, or seizure of a person's documents.(b) When considering whether an applicant who falls within subdivision (a) has the character, competency and responsibility to be licensed as a foreign labor contractor, the Labor Commissioner shall consider whether the applicant has been rehabilitated. When considering whether the applicant has been rehabilitated, the Labor Commissioner will consider the following criteria: (1) For a felony conviction that is substantially related to the qualifications, functions, or duties of a licensee, seven (7) years have passed from the time of release from incarceration or completion of probation without the occurrence of additional criminal activity.(2) For misdemeanor convictions that are substantially related to the qualifications, functions, or duties of a licensee, three (3) years have passed from the time of release from incarceration or completion of probation without the occurrence of additional criminal activity.(3) For other act(s) that are substantially related to the qualifications, functions, or duties of a licensee, three (3) years have passed from the time of commission of the act(s), without the occurrence of additional act(s) substantially related to the qualifications, functions, or duties of a registrant.(4) The amount of time needed to demonstrate rehabilitation under this subdivision may be increased or decreased by taking into account the following:(A) The nature and severity of the crime(s) or act(s) that are under consideration;(B) Evidence of any crime(s) or act(s) committed subsequent to the crime(s) or act(s) that are under consideration as, or that were, the grounds for denial, suspension, or revocation, which also could be considered as grounds for denial, suspension, or revocation.(C) Evidence that the applicant has successfully completed the period of parole or probation and complied with its restitution terms and all other sanctions lawfully imposed against the applicant.(D) Consistent work history subsequent to the release from incarceration, or the completion of probation if no incarceration was imposed, subsequent to the time of commission of the act(s).(E) Documents or testimony from credible individuals who have personal knowledge of the applicant's life and activities subsequent to the time of commission of the crime(s) or act(s) who can attest to the applicant's or registrant's present fitness for registration.(F) Other relevant evidence, if any, of rehabilitation submitted by the applicant or licensee. For example, relevant evidence may include evidence of recovery from drug and/or alcohol addiction or abuse or completion of a drug and/or alcohol aversion program if the crime(s) or act(s) related to or involved drug and/or alcohol use; or evidence of completion of an anger management program if the crime(s) or act(s) demonstrated the applicant's or registrant's inability to control one's temper.Cal. Code Regs. Tit. 8, § 13855
1. New section filed 10-8-2018; operative 1-1-2019 (Register 2018, No. 41). Note: Authority cited: Section 9998.11, Business and Professions Code. Reference: Sections 9998.1.5 and 9998.11, Business and Professions Code.
1. New section filed 10-8-2018; operative 1-1-2019 (Register 2018, No. 41).