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
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:
The time that has elapsed since
commission of the act(s) or offense(s):
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.
Notwithstanding subdivision (a)(1),
above, the two year period may be increased based upon consideration of the
(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
(d) Expungement or
discontinuance of a requirement of registration pursuant to the provisions of
290 of the
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
(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
(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
(j) Stability of family
life and fulfillment of parental and familial responsibilities subsequent to
the criminal conviction.
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.
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:
Testimony and/or other evidence of rehabilitation submitted by the
(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
from psychiatrists, clinical psychologists, sociologists or other persons
competent to testify with regard to neuropsychiatric or emotional
(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
Cal. Code Regs. Tit.
Note: Authority cited: Sections
Business and Professions Code. Reference: Sections
Business and Professions Code.
1. Amendment of
subsection (l)(4) filed 11-16-87; operative 12-16-87 (Register 87, No.
2. New subsection (d) and subsection relettering filed
6-20-2002; operative 7-20-2002 (Register 2002, No. 25).
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
2017, No. 10).