1. (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 funeral-related or embalming-related businesses or professions.

2. (b) When considering the denial of an application for a license under Section 480, 7617.1, 7619, 7631, 7643(b), 7662(b), or 7708 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. (1) The nature and gravity of the crime(s) or act(s).
   2. (2) The length(s) of the applicable parole or probation period(s).
   3. (3) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.
   4. (4) The terms or conditions of parole or probation and the extent to which they bear on the applicant's rehabilitation.
   5. (5) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification.

3. (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 7617.1, 7619, 7631, 7636(c), 7643(b), 7662(b), 7703, or 7708 of the Business and Professions Code, the bureau shall apply the following criteria in evaluating an applicant's rehabilitation:

   1. (1) The nature and gravity of the crime(s), professional misconduct, or act(s) under consideration as grounds for denial.
   2. (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. (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. (4) Whether the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.
   5. (5) The criteria in subdivision (b)(1) through (5), as applicable.
   6. (6) Evidence, if any, of rehabilitation submitted by the applicant.

Note: Authority cited: Sections 481, 482 and 7606, Business and Professions Code. Reference: Sections 480, 481, 482, 488, 493, 7617.1, 7619, 7631, 7636, 7643, 7662, 7703 and 7708, Business and Professions Code.

History

1. New section filed 3-22-73 as an emergency; effective upon filing (Register 73, No. 12).

2. Certificate of Compliance filed 5-25-73 (Register 73, No. 21).

3. Repealer and new section filed 2-11-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 7).

4. Change without regulatory effect amending first paragraph filed 9-22-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 38).

5. Amendment of section heading, section and Note filed 5-10-2021; operative 5-10-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 20). 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.