1. (a) When considering a petition for reinstatement or a petition for modification of penalty, the Board, in evaluating the rehabilitation of the applicant and their present eligibility for a certificate or permit, may consider all activities of the petitioner since the disciplinary action was taken and shall also consider the following criteria:

   1. (1) The nature and gravity of the act(s), professional misconduct, or crime(s) for which the petitioner was disciplined.
   2. (2) Evidence of any act(s) or crime(s) committed subsequent to act(s), professional misconduct, or crime(s) for which the petitioner was disciplined which also could be considered as grounds for denial under Section 480 of the Business and Professions Code.
   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) above.
   4. (4) Whether the petitioner has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed.
   5. (5) Petitioner's activity during the time the certificate was in good standing.
   6. (6) Evidence, if any, of the rehabilitation submitted by the petitioner.
   7. (7) Petitioner's professional ability and general reputation for truth.

Note: Authority cited: Sections 482, 2018 and 3600-1, Business and Professions Code. Reference: Sections 141, 481, 482, 488, 490, 493 and 2307, 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.

3. Change without regulatory effect amending subsection (a) filed 1-15-2025 pursuant to section 100, title 1, California Code of Regulations (Register 2025, No. 3).