Cal. Code Regs. Tit. 10, § 2912 - Criteria for Rehabilitation (Revocation or Suspension)

Current through Register 2021 Notice, Register No. 40, October 1, 2021

The following criteria have been developed and will be considered by the Bureau pursuant to Section 482 of the Business and Professions Code for the purpose of evaluating whether or not a licensee against whom an administrative disciplinary proceeding for revocation or suspension of the license has been initiated on account of a crime committed by the licensee is rehabilitated:

(a) The time that has elapsed since commission of the act(s) or offense(s):
(1) The passage of less than two years after the most recent criminal conviction or act of the licensee that is a cause of action in the Bureau's Accusation against the licensee is inadequate to demonstrate rehabilitation.
(2) Notwithstanding subdivision (a)(1), above, the two year period may be increased based upon consideration of the following:
(A) The nature and severity of the crime(s) and/or act(s) committed by the licensee.
(B) The licensee's history of criminal convictions and/or license discipline that are "substantially related" to the qualifications, functions, or duties of a real estate licensee.
(b) Restitution to any person who has suffered monetary losses through "substantially related" acts or omissions of the licensee, or escheat to the State of these monies or other properties if the victim(s) cannot be located.
(c) Expungement of the conviction(s) which culminated in the administrative proceeding to take disciplinary action.
(d) Expungement or discontinuance of a requirement of registration pursuant to the provisions of Section 290 of the Penal Code.
(e) Successful completion or early discharge from probation or parole.
(f) Abstinence from the use of controlled substances and/or alcohol for not less than two years if the criminal conviction was attributable in part to the use of a controlled substance and/or alcohol.
(g) Payment of any fine imposed in connection with the criminal conviction that is the basis for revocation or suspension of the license.
(h) Correction of business practices responsible in some degree for the crime or crimes of which the licensee was convicted.
(i) New and different social and business relationships from those which existed at the time of the commission of the acts that led to the criminal conviction or convictions in question.
(j) Stability of family life and fulfillment of parental and familial responsibilities subsequent to the criminal conviction.
(k) Completion of, or sustained enrollment in, formal educational or vocational training courses for economic self-improvement.
(l) Significant and conscientious involvement in community, church or privately-sponsored programs designed to provide social benefits or to ameliorate social problems.
(m) Change in attitude from that which existed at the time of the commission of the criminal acts in question as evidenced by any or all of the following:
(1) Testimony and/or other evidence of rehabilitation submitted by the licensee.
(2) Evidence from family members, friends and/or other persons familiar with the licensee's previous conduct and with subsequent attitudes and/or behavioral patterns.
(3) Evidence from probation or parole officers and/or law enforcement officials competent to testify as to licensee's social adjustments.
(4) Evidence from psychiatrists, clinical psychologists, sociologists or other persons competent to testify with regard to neuropsychiatric or emotional disturbances.
(5) Absence of subsequent felony convictions, misdemeanor convictions, or other conduct that provides grounds to discipline a real estate licensee, which reflect an inability to conform to societal rules when considered in light of the conduct in question.

Notes

Cal. Code Regs. Tit. 10, § 2912

Note: Authority cited: Sections 482 and 10080, Business and Professions Code. Reference: Sections 482 and 490, Business and Professions Code.

1. Amendment of subsection (l)(4) filed 11-16-87; operative 12-16-87 (Register 87, No. 47).
2. New subsection (d) and subsection relettering filed 6-20-2002; operative 7-20-2002 (Register 2002, No. 25).
3. New subsection (m)(5) and amendment of Note filed 9-5-2003; operative 10-5-2003 (Register 2003, No. 36).
4. Change without regulatory effect amending first paragraph and subsection (a) filed 6-30-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 27).
5. Amendment of section heading and first paragraph, repealer and new subsection (a), new subsections (a)(1)-(a)(2)(B), amendment of subsections (b), (c), (f), (m)(1)-(3) and (m)(5) and amendment of Note filed 3-9-2017; operative 7-1-2017 (Register 2017, No. 10).

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