Section 1813 - Criteria for Rehabilitation-Denial of Licensure(a) For purposes of this section, "license" shall mean license or registration.(b) When considering the denial of a license 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) 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.(c) 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 subsection (b), the denial is based on professional misconduct, or the denial is based on one or more of the grounds specified in Article 2 of Chapter 13 of Division 2 (commencing with section 4982) of the Code, Article 5 of Chapter 13.5 of Division 2 (commencing with section 4989.54) of the Code, Article 2 of Chapter 13.7 of Division 2 (commencing with section 4990.28) of the Code, Article 2 of Chapter 14 of Division 2 (commencing with section 4992.3) of the Code, or Article 5 of Chapter 16 of Division 2 (commencing with section 4999.80) of the Code, 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.(3) The time that has elapsed since commission of the act(s), professional misconduct, or crime(s) referred to in paragraph (1) or (2).(4) Whether the applicant has complied with any terms of probation, parole, restitution, or any other sanctions lawfully imposed against the applicant.(5) The criteria in subsection (b)(1) through (5), as applicable.(6) Evidence, if any, of rehabilitation submitted by the applicant.Cal. Code Regs. Tit. 16, § 1813
1. New section filed 1-26-77; effective thirtieth day thereafter (Register 77, No. 5).
2. Amendment filed 9-15-83; effective thirtieth day thereafter (Register 83, No. 38).
3. Change without regulatory effect of NOTE (Register 86, No. 41).
4. Amendment of NOTE filed 5-24-2011; operative 5-24-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 21).
5. Change without regulatory effect amending NOTE filed 3-21-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 12).
6. Amendment of section and NOTE filed 12-14-2020; operative 12-14-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 51). 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 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 141, 480, 481, 482, 488, 493, 4982, 4989.54, 4992.3 and 4999.90, Business and Professions Code.
1. New section filed 1-26-77; effective thirtieth day thereafter (Register 77, No. 5).
2. Amendment filed 9-15-83; effective thirtieth day thereafter (Register 83, No. 38).
3. Change without regulatory effect of NOTE (Register 86, No. 41).
4. Amendment of Note filed 5-24-2011; operative 5-24-2011 pursuant to Government Code section 11343.4(Register 2011, No. 21).
5. Change without regulatory effect amending Note filed 3-21-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 12).
6. Amendment of section and Note filed 12-14-2020; operative 12/14/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 51). 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.