1. (a) When considering the denial, suspension, revocation or reinstatement of a license for which application has been made under Chapter 8.5, 11, 11.3, 11.4, 11.5 or 11.6 of the Code on the ground that the applicant, licensee, or petitioner has been convicted of a crime, the bureau shall consider whether the applicant, licensee, or petitioner made a showing of rehabilitation if the applicant, licensee, or petitioner 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. (1) The nature and severity 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, licensee, or petitioner'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, licensee, or petitioner has not completed the criminal sentence at issue without a violation of parole or probation, the bureau determines that the applicant, licensee, or petitioner did not make a showing of rehabilitation based on the criteria in subdivision (a), the denial, suspension, revocation, or reinstatement is based on professional misconduct, or the denial, suspension, revocation, or reinstatement is based on one or more of the grounds specified in Sections 6980.45, 6980.47, 6980.71, 6980.73, 6980.74, 7503.5, 7504.1, 7505.3, 7506.8, 7506.14, 7507, 7510.1, 7538, 7538.5, 7561.1, 7561.3, 7561.4, 7564.1, 7574.15, 7574.31, 7582.19, 7582.23, 7582.24, 7582.25, 7583.15, 7583.16, 7583.21, 7583.42, 7587.1, 7587.3, 7587.4, 7591.8, 7591.10, 7598.12, 7599.32, and 7599.61 of the Code, the bureau shall apply the following criteria in evaluating an applicant, licensee, or petitioner's rehabilitation:

   1. (1) The nature and severity of the act(s), professional misconduct, or crime(s) under consideration as grounds for denial, suspension, revocation, or reinstatement.
   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, suspension, revocation, or reinstatement.
   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, licensee, or petitioner has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant, licensee, or petitioner.
   5. (5) Evidence, if any, of rehabilitation submitted by the applicant, licensee, or petitioner.
   6. (6) If applicable, evidence of proceedings pursuant to Section 1203.4 of the Penal Code.
   7. (7) The criteria in subdivision (a)(1) through (5).
   8. (8) The total criminal record.

Note: Authority cited: Sections 481, 482, 6980.7, 7501.6, 7515, 7574.05, 7581 and 7591.6, Business and Professions Code. Reference: Sections 141, 480, 481, 482, 488, 490, 493, 6980.45, 6980.47, 6980.71, 6980.72, 6980.73, 6980.74, 7501.8, 7503.5, 7504.1, 7505.3, 7506.8, 7506.14, 7507, 7510.1, 7538, 7538.5, 7561.1, 7561.3, 7561.4, 7564.1, 7574.15, 7574.31, 7582.19, 7582.23, 7582.24, 7582.25, 7583.15, 7583.16, 7583.21, 7583.42, 7587.1, 7587.3, 7587.4, 7591.8, 7591.10, 7591.12, 7598.12, 7599.32 and 7599.61, Business and Professions Code.

History

1. Change without regulatory effect renumbering former Section 604 to Section 602.1 (Register 86, No. 30).

2. Amendment filed 2-11-87; effective thirtieth day thereafter (Register 87, No. 7).

3. Change without regulatory effect amending first paragraph and Note filed 5-21-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 21).

4. Amendment of first paragraph and Note filed 8-17-2006; operative 8-17-2006 pursuant to Government Code section 11343.4 (Register 2006, No. 33).

5. Change without regulatory effect amending Note filed 4-25-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 17).

6. Amendment of section and Note 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.