1. (a) Application of section.

   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) Suspension or revocation of a license.

   1. (1) When considering the suspension or revocation of a license on the ground that a licensee has been convicted of a crime, the bureau 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 bureau shall consider the following criteria:

      1. (A) The nature and gravity of the crime(s) or act(s).
      2. (B) The length(s) of the applicable parole or probation period(s).
      3. (C) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.
      4. (D) The terms or conditions of parole or probation and the extent to which they bear on the licensee's rehabilitation.
      5. (E) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification.

   2. (2) If the licensee has not completed the criminal sentence at issue without a violation of parole or probation, the bureau determines that the licensee did not make the showing of rehabilitation based on the criteria in paragraph (1), the suspension or revocation is based on a disciplinary action taken by another entity, as provided in Section 141 of the Business and Professions Code, for an act substantially related to the practice in which the licensee is licensed, or the suspension or revocation is based on one or more of the grounds other than a criminal conviction that are specified in Section 7636(c), 7665, 7668, 7685.6, 7692, 7692.5, 7693, 7694, 7695, 7696, 7697, 7699, 7700, 7701, 7701.5, 7702, 7703, 7704, 7705, 7706, 7707, 7711.1, 7711.2, 7711.3, or 7739, of the Business and Professions Code, the bureau shall apply the following criteria in evaluating the licensee's rehabilitation:

      1. (A) Nature and gravity of the crime(s) or act(s).
      2. (B) Total criminal record.
      3. (C) The time that has elapsed since commission of the crime(s) or act(s).
      4. (D) Whether the licensee has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the licensee.
      5. (E) The criteria in paragraph (1)(A) through (E), as applicable.
      6. (F) If applicable, evidence of dismissal proceedings pursuant to Section 1203.4 of the Penal Code.
      7. (G) Evidence, if any, of rehabilitation submitted by the licensee.

3. (c) Petition for reinstatement.

   When considering a petition for reinstatement of a license under this division, under the provisions of Section 11522 of the Government Code, the bureau shall evaluate evidence of rehabilitation submitted by the petitioner considering those criteria specified in subdivision (b)(1) and (2), as applicable.

Note: Authority cited: Sections 481, 482 and 7606, Business and Professions Code. Reference: Sections 481, 482, 488, 493, 7615, 7616, 7636, 7665, 7668, 7685.6, 7686, 7690, 7691, 7692, 7692.5, 7693, 7694, 7695, 7696, 7697, 7699, 7700, 7701, 7701.5, 7702, 7703, 7704, 7705, 7706, 7707, 7708, 7711, 7711.1, 7711.2, 7711.3, 7713.4, 7735, 7736, 7737, 7738 and 7739, Business and Professions Code.

History

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

2. Amendment of subsection (a) filed 10-31-97; operative 11-30-97 (Register 97, No. 44).

3. Change without regulatory effect amending subsections (a) and (b) filed 9-22-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 38).

4. 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.