1. (a) When considering the denial of a license under section 480 of the code on the ground that the applicant was convicted of a crime, the board 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 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 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.

2. (b) If the applicant has not completed the criminal sentence at issue without a violation of parole or probation, the board determines that the applicant did not make the showing of rehabilitation based on the criteria in subdivision (a), the denial is based on professional misconduct, or the denial is based on one or more of the grounds specified in Sections 3527, 3530, or 3531 of the code, the board shall apply the following criteria in evaluating an applicant's rehabilitation:

   1. (1) The nature and gravity of the act(s), unprofessional conduct as defined in Section 3527 of the code and Section 1399.521.5, professional misconduct, or crime(s) under consideration as grounds for denial.
   2. (2) Evidence of any act(s), unprofessional conduct as defined in Section 3527 of the code and Section 1399.521.5, professional misconduct, or crime(s) committed subsequent to the act(s), unprofessional conduct as defined in Section 3527 of the code and Section 1399.521.5, professional misconduct, or crime(s) under consideration as grounds for denial under section 480 or 3527 of the code.
   3. (3) The time that has elapsed since commission of the act(s), unprofessional conduct as defined in Section 3527 of the code and Section 1399.521.5, professional misconduct, or crime(s) referred to in subsection (b)(1) or (b)(2).
   4. (4) The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.
   5. (5) Evidence, if any, of rehabilitation submitted by the applicant.
3. (c) When considering a petition for reinstatement of a license or a petition for modification or termination of probation under the provisions of section 3530 of the code, the board shall evaluate evidence of rehabilitation submitted by the petitioner considering those criteria specified in this section.

Note: Authority cited: Sections 481, 482, 2018 and 3510, Business and Professions Code. Reference: Sections 480, 481, 482, 488, 493, 3527, 3530 and 3531, Business and Professions Code.

History

1. Renumbering and amendment of former section 1399.526 to section 1399.535, and renumbering and amendment of former section 1399.517 to section 1399.526, filed 9-20-83; effective thirtieth day thereafter (Register 83, No. 39).

2. Change without regulatory effect filed 2-5-91 pursuant to section 100, Title 1, California Code of Regulations (Register 91, No. 11).

3. Change without regulatory effect amending subsections (a) and (b) filed 10-12-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 42).

4. Change without regulatory effect amending subsections (a) and (b) filed 8-7-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 32).

5. Amendment of section and Note filed 1-29-2021; operative 1-29-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 5). 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.