Cal. Code Regs. Tit. 16, § 2331 - Rehabilitation Criteria for Denial of License

(a) This section applies to all licenses, as defined in Section 23.7 of the Business and Professions Code, that are covered by this division, including, but not limited to, licenses for cemetery-related businesses or professions, cremation- or hydrolysis-related businesses or professions, or remains disposal.

(b) When considering the denial of an application for a license under Sections 480 and 7712.4 of the Business and Professions Code on the ground that the applicant has been convicted of a crime, the bureau shall consider whether the applicant 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 bureau shall consider the following criteria:

(1) The nature and gravity of the crime(s) or act(s).

(2) The length(s) of the applicable parole or probation period(s).

(3) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.

(4) The terms or conditions of parole or probation and the extent to which they bear on the applicant's rehabilitation.

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

(c) If the applicant has not completed the criminal sentence at issue without a violation of parole or probation, the bureau determines that the applicant did not make the showing of rehabilitation based on the criteria in subdivision (b), the denial is based on professional misconduct, or the denial is based on one or more of the grounds other than a criminal conviction that are specified in Section 7612.5(c), 7639.08(a), 7651.5(g), 7653(a), 7653.7(b), or 7712.5(a) of the Business and Professions Code, the bureau shall apply the following criteria in evaluating an applicant's rehabilitation. The bureau shall find that the applicant made a showing of rehabilitation if, after considering the following criteria, the bureau finds that the applicant is rehabilitated:

(1) The nature and gravity of the crime(s), professional misconduct, or act(s) under consideration as grounds for denial.

(2) Evidence of any crime(s), professional misconduct, or act(s) committed subsequent to the crime(s), professional misconduct, or act(s) under consideration as grounds for denial.

(3) The time that has elapsed since commission of the crime(s), professional misconduct, or act(s) referred to in paragraph (1) or (2).

(4) Whether the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.

(5) The criteria in subdivision (b)(1) through (5), as applicable.

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

Notes

Cal. Code Regs. Tit. 16, § 2331

1. Repealer and new section filed 3-11-77; effective thirtieth day thereafter (Register 77, No. 11). For prior history, see Register 73, No. 20.
2. Amendment filed 8-24-82; effective thirtieth day thereafter (Register 82, No. 35).
3. Change without regulatory effect amending subsections (a), (b) and (c) filed 10-17-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 42).
4. Amendment of section heading, section and NOTE filed 6-1-2021; operative 6-1-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 23). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Section 7606, Business and Professions Code. Reference: Sections 480, 481, 482, 488, 490, 493, 7612.5, 7712.4, 7686, 7690, 7691, 7711.1, 7711.5, 7712.5 and 7713.1, Business and Professions Code.

1. Repealer and new section filed 3-11-77; effective thirtieth day thereafter (Register 77, No. 11). For prior history, see Register 73, No. 20.
2. Amendment filed 8-24-82; effective thirtieth day thereafter (Register 82, No. 35).
3. Change without regulatory effect amending subsections (a), (b) and (c) filed 10-17-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 42).
4. Amendment of section heading, section and Note filed 6-1-2021; operative 6/1/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 23). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.