Cal. Code Regs. Tit. 16, § 3395 - Criteria for Rehabilitation

(a) When considering the denial, suspension, or revocation of a license or a registration under Section 480 or 490 of the Business and Professions Code on the ground that the applicant, licensee, or registrant has been convicted of a crime, the Bureau shall find that the applicant, licensee, or registrant made a showing of rehabilitation if the applicant, licensee, or registrant completed the criminal sentence at issue without a violation of parole or probation.

(b) If the applicant has not completed the criminal sentence at issue without a violation of parole or probation, the denial is based on professional misconduct, the suspension or revocation is based on a disciplinary action as described in Section 141 of the Code, or the denial, suspension, or revocation is based on one or more grounds specified in Sections 9884.7, 9884.22, 9889.2, 9889.3, or 9889.4 of the Business and Professions Code, the Bureau shall apply the following criteria in evaluating an applicant's, licensee's, or registrant's rehabilitation:

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

(2) 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, suspension, or revocation;

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

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

(5) Evidence, if any, of rehabilitation submitted by the applicant, licensee, or registrant.

(c) When considering a petition for reinstatement of a license or a registration, the Bureau shall evaluate evidence of rehabilitation submitted by the petitioner, considering those criteria specified in subsection (b).

Notes

Cal. Code Regs. Tit. 16, § 3395

1. New Article 11 (Sections 3395 and 3396) filed 7-24-73 as an emergency; effective upon filing (Register 73, No. 30).
2. Certificate of Compliance filed 9-14-73 (Register 73, No. 37). 3. Amendment filed 5-8-75; effective thirtieth day thereafter (Register 75, No. 19).
4. Amendment filed 12-23-76; effective thirtieth day thereafter (Register 76, No. 52).
5. Renumbering of former Article 11 (Section 3395) to new Article 10 (Sections 3395-3395.3), and amendment of Section 3395 filed 2-22-83; effective thirtieth day thereafter (Register 83, No. 9).
6. Renumbering of former article 10 to new article 11 (sections 3395-3395.3) filed 4-23-97 as an emergency; operative 4-23-97 (Register 97, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-21-97 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 4-23-97 order transmitted to OAL 8-19-97 and filed 9-30-97 (Register 97, No. 40).
8. Renumbering of former article 11 to new article 12 (sections 3395-3395.4) filed 12-3-98 as an emergency; operative 12-3-98 (Register 98, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-2-99 or emergency language will be repealed by operation of law on the following day.
9. Renumbering of former article 11 to new article 12 (sections 3395-3395.4) refiled 3-30-99 as an emergency; operative 4-2-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-2-99 or emergency language will be repealed by operation of law on the following day.
10. Renumbering of former article 11 to new article 12 (sections 3395-3395.4) refiled 7-26-99 as an emergency; operative 8-2-99 (Register 99, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-30-99 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 7-26-99 order transmitted to OAL 11-18-99 and filed 1-3-2000 (Register 2000, No. 1).
12. Amendment of section and NOTE filed 2-18-2021; operative 2-18-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 8). 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: Sections 481, 482, 9882 and 9884.19, Business and Professions Code. Reference: Sections 141, 475, 480, 481, 482, 488, 490, 493, 9884.7, 9884.19, 9884.22, 9889.2, 9889.3 and 9889.4, Business and Professions Code.

1. New Article 11 (Sections 3395 and 3396) filed 7-24-73 as an emergency; effective upon filing (Register 73, No. 30).
2. Certificate of Compliance filed 9-14-73 (Register 73, No. 37).
3. Amendment filed 5-8-75; effective thirtieth day thereafter (Register 75, No. 19).
4. Amendment filed 12-23-76; effective thirtieth day thereafter (Register 76, No. 52).
5. Renumbering of former Article 11 (Section 3395) to new Article 10 (Sections 3395-3395.3), and amendment of Section 3395 filed 2-22-83; effective thirtieth day thereafter (Register 83, No. 9).
6. Renumbering of former article 10 to new article 11 (sections 3395-3395.3) filed 4-23-97 as an emergency; operative 4-23-97 (Register 97, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-21-97 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 4-23-97 order transmitted to OAL 8-19-97 and filed 9-30-97 (Register 97, No. 40).
8. Renumbering of former article 11 to new article 12 (sections 3395-3395.4) filed 12-3-98 as an emergency; operative 12-3-98 (Register 98, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-2-99 or emergency language will be repealed by operation of law on the following day.
9. Renumbering of former article 11 to new article 12 (sections 3395-3395.4) refiled 3-30-99 as an emergency; operative 4-2-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-2-99 or emergency language will be repealed by operation of law on the following day.
10. Renumbering of former article 11 to new article 12 (sections 3395-3395.4) refiled 7-26-99 as an emergency; operative 8-2-99 (Register 99, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-30-99 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 7-26-99 order transmitted to OAL 11-18-99 and filed 1-3-2000 (Register 2000, No. 1).
12. Amendment of section and Note filed 2-18-2021; operative 2/18/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 8). 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.