1. (a) When considering the denial of a license or certificate under Section 480 of the Code on the ground that the applicant has been 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 unprofessional conduct as defined in Section 3662 of the Code, the Board shall apply the following criteria in evaluating the applicant's rehabilitation:

   1. (1) Nature and gravity of the act(s), professional misconduct, unprofessional conduct, or crime(s) under consideration as grounds for denial.
   2. (2) Evidence of any act(s), professional misconduct, unprofessional conduct, or crime(s) committed subsequent to the act(s), professional misconduct, unprofessional conduct, or crime(s) under consideration as grounds for denial under Section 480 of the Code.
   3. (3) The time that has elapsed since commission of the act(s), professional misconduct, unprofessional conduct, or crime(s) referred to in paragraph (1) or (2).
   4. (4) Whether the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.
   5. (5) The criteria in subdivision (a)(1)-(5), as applicable.
   6. (6) Evidence, if any, of rehabilitation submitted by the applicant.

Note: Authority cited: Sections 481, 482 and 3622, Business and Professions Code. Reference: Sections 475, 480, 481, 482, 488, 493 and 3662, Business and Professions Code.

History

1. New section filed 11-8-2004 as an emergency; operative 11-8-2004 (Register 2004, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-8-2005 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 3-8-2005 as an emergency; operative 3-8-2005 (Register 2005, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-6-2005 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 3-8-2005 order transmitted to OAL 7-5-2005 and filed 8-16-2005 (Register 2005, No. 33).

4. Change without regulatory effect amending subsections (a) and (b) filed 9-30-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 40).

5. Amendment of section heading, repealer and new section and amendment of Note filed 8-4-2021; operative 8-4-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 32). 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.

6. Change without regulatory effect amending subsections (a) and (b) filed 3-6-2025 pursuant to section 100, title 1, California Code of Regulations (Register 2025, No. 10).