1. (a) When considering the denial of a certificate on the grounds recommended by Code Section 480 or the suspension or revocation of a certificate on the grounds enumerated by Code Section 490 or on the grounds that the person has been convicted of a crime, the Board shall consider whether the applicant or certificate holder made a showing of rehabilitation and if the applicant or certificate holder 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 or certificate holder'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 or certificate holder 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 grounds specified in section 3600.2 of the Code, the Board shall apply the following criteria in evaluating the applicant or certificate holder's rehabilitation:

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

Note: Authority cited: Sections 481, 482, 2018 and 3600-1, Business and Professions Code. Reference: Sections 141, 475, 480, 481, 482, 488, 490, 493 and 3600-2, Business and Professions Code.

History

1. Repealer of Chapter 16 (Sections 1600-1697, not consecutive) and new Chapter 16 (Sections 1600-1697, not consecutive and Appendix) filed 12-10-87; operative 1-9-88 (Register 87, No. 52). For prior history, see Registers 81, No. 50; 81, No. 36; 81, No. 9; 80, No. 40; 78, No. 15; 77, No. 21; and 63, No. 25.

2. Amendment of section and Note filed 5-17-2021; operative 5-17-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 21). 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.