Section 1309 - Rehabilitation Criteria for Denial of Licensure(a) When considering the denial of a license under Section 480 of the code, on the ground that the applicant was 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) The nature and gravity of the crime(s).(2) The length(s) of the applicable parole or probation period(s).(3) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.(4) The terms or conditions of parole or probation and the extent to which they bear on the applicant's rehabilitation.(5) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification.(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), or the denial is based on professional misconduct, the board shall apply the following criteria in evaluating an applicant's rehabilitation:(1) The nature and gravity of the act(s), professional misconduct, or crime(s) under consideration as grounds for denial.(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 which also could be considered as grounds for denial under Section 480.(3) The time that has elapsed since commission of the act(s), professional misconduct, or crime(s) referred to in subdivisions (b)(1) or (b)(2).(4) The extent to which the applicant has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed against the applicant.(5) The criteria in subdivisions (a)(1)-(5), as applicable.(6) Evidence, if any, of rehabilitation submitted by the applicant.Cal. Code Regs. Tit. 16, § 1309
1. Repealer and new NOTE filed 6-4-79; effective thirtieth day thereafter (Register 79, No. 23).
2. Amendment of NOTE filed 8-5-81; effective thirtieth day thereafter (Register 81, No. 32).
3. Amendment of section and NOTE filed 1-21-2021; operative 1-21-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 4). (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.) Note: Authority cited: Sections 481, 482 and 2018, Business and Professions Code. Reference: Sections 141, 480, 481, 482, 488, 2221 and 3576, Business and Professions Code.
1. Repealer and new NOTE filed 6-4-79; effective thirtieth day thereafter (Register 79, No. 23).
2. Amendment of NOTE filed 8-5-81; effective thirtieth day thereafter (Register 81, No. 32).
3. Amendment of section and Note filed 1-21-2021; operative 1/21/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 4). (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.)