1. (a) When considering the suspension or revocation of a license under Section 490 of the code on the ground that a person holding a license 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:

   1. (1) The nature and gravity of the crime(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 licensee's rehabilitation.
   5. (5) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for the modification.

2. (b) If the licensee has not completed the criminal sentence at issue without a violation of parole or probation, the board determines that the licensee did not make the showing of rehabilitation based on the criteria in subdivision (a), or the suspension or revocation is based on disciplinary action as described in Section 141 of the Code, the board shall apply the following criteria in evaluating the licensee's rehabilitation:

   1. (1) The nature and gravity of the act(s), professional misconduct, or crime(s).
   2. (2) The total criminal record, or record of professional misconduct.
   3. (3) The time that has elapsed since commission of the act(s), professional misconduct, or crime(s).
   4. (4) Whether the licensee has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed against such person.
   5. (5) The criteria in subdivisions (a)(1)-(5), as applicable.
   6. (6) If applicable, evidence of dismissal proceedings pursuant to Section 1203.4 of the Penal Code.
   7. (7) Evidence, if any, of rehabilitation submitted by the licensee.

Note: Authority cited: Sections 482 and 2018, Business and Professions Code. Reference: Sections 141, 480, 481, 482, 488, 490, 493, 2305, 2519, 3576 and 3576.3, Business and Professions Code.

History

1. Amendment of Note filed 8-5-81; effective thirtieth day thereafter (Register 81, No. 32).

2. Amendment filed 8-9-83; effective thirtieth day thereafter (Register 83, No. 33).

3. Amendment of section and Note filed 1-21-2021; operative 1-21-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 4). (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.)