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 cemetery-related businesses or professions, cremation- or hydrolysis-related businesses or professions, or remains disposal.

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 7612.5(c), 7637.4(c), 7637.5(b), 7637.7(b), 7637.8, 7637.10, 7652.7, 7653.2, 7653.35(a), 7653.4, 7653.6(b), 7672.4(a), 7672.6(b), 7672.7(b), or 7713(b) of the Business and Professions Code, Article 6 (commencing with Section 7686) of the Business and Professions Code, or Section 8113.6, 8574, 8778.5(c), or 8785 of the Health and Safety Code, the bureau shall apply the following criteria in evaluating the licensee's rehabilitation. The bureau shall find that the licensee made a showing of rehabilitation if, after considering the following criteria, the bureau finds that the licensee is rehabilitated:

      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: Section 7606, Business and Professions Code. Reference: Sections 141, 481, 482, 488, 490, 493, 7612.5, 7637.4, 7637.5, 7637.7, 7637.8, 7637.10, 7652.7, 7653.2, 7653.35, 7653.4, 7653.6, 7672.4, 7672.6, 7672.7, 7686, 7690, 7691, 7711.1, 7711.2 and 7713, Business and Professions Code; and Sections 8113.6, 8574, 8778.5 and 8785, Health and Safety Code.

History

1. New section filed 6-1-2021; operative 6-1-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 23). 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.