Cal. Code Regs. Tit. 16, § 1445 - Criteria for Rehabilitation

(a) Denial of a license or certificate.

(1) When considering the denial of a license or certificate under Section 480 of the code on the ground that the applicant has been convicted of a crime, the board shall consider whether the applicant has 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 reason for granting probation and the length 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 subdivision (a), the denial is based on professional misconduct, or the denial is based on one or more of the grounds specified in Sections 2761 or 2762 of the code, the board shall apply the following criteria in evaluating an applicant's rehabilitation:

(A) The nature and 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 subdivisions (A) and (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 subdivisions (a)(1)(A) through (E), as applicable.

(F) Evidence, if any, of rehabilitation submitted by the applicant.

(b) Suspension or revocation of a license or certificate.

(1) When considering the suspension or revocation of a license or certificate on the ground that the licensee or certificate holder under the Nursing Practice Act (Chapter 6 of Division 2 of the code) 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 reason for granting probation and 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 or certificate holder's rehabilitation.

(E) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for the modification.

(2) If the licensee or certificate holder has not completed the criminal sentence at issue without a violation of parole or probation, the board determines that the licensee or certificate holder did not make the showing of rehabilitation based on the criteria in subdivision (b)(1), the suspension or revocation is based on a disciplinary action as described in Section 141 of the code, or the suspension or revocation is based on one or more of the grounds specified in Sections 2761 or 2762 of the code, the board shall apply the following criteria in evaluating a licensee or certificate holder's rehabilitation:

(A) The nature and gravity of the acts(s), disciplinary action(s), or crime(s).

(B) The total criminal record.

(C) The time that has elapsed since commission of the act(s), disciplinary action(s), or crime(s).

(D) Whether the licensee or certificate holder has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against such person.

(E) The criteria in subdivisions (b)(1)(A) through (E), as applicable.

(F) If applicable, evidence of dismissal proceedings pursuant to Section 1203.4 of the Penal Code.

(G) Evidence, if any, of rehabilitation submitted by the licensee or certificate holder.

Notes

Cal. Code Regs. Tit. 16, § 1445

1. New section filed 5-25-73; effective thirtieth day thereafter (Register 73, No. 21). For history of former section, see Register 70, No. 5.
2. Renumbering from Section 1411 filed 3-26-74; effective thirtieth day thereafter (Register 74, No. 13).
3. Amendment of subsections (a) and (b) and new subsection (c) filed 5-14-75; effective thirtieth day thereafter (Register 75, No. 20).
4. Amendment filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 39).
5. Amendment of section and NOTE filed 5-20-2021; operative 5-20-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 21).

Note: Authority cited: Sections 481, 482 and 2715, Business and Professions Code. Reference: Sections 141, 480, 481, 482, 2736, 2761 and 2762, Business and Professions Code.

1. New section filed 5-25-73; effective thirtieth day thereafter (Register 73, No. 21). For history of former section, see Register 70, No. 5.
2. Renumbering from Section 1411 filed 3-26-74; effective thirtieth day thereafter (Register 74, No. 13).
3. Amendment of subsections (a) and (b) and new subsection (c) filed 5-14-75; effective thirtieth day thereafter (Register 75, No. 20).
4. Amendment filed 9-27-85; effective thirtieth day thereafter (Register 85, No. 39).
5. Amendment of section and Note filed 5-20-2021; operative 5/20/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 21).