Section 327 - Rehabilitation Criteria for Suspensions or Revocations(a) When considering the suspension or revocation of a license under Section 490 of the Business and Professions Code on the ground that the person holding the license has been convicted of a crime, the Board shall consider whether the licensee has 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 Board shall consider the following criteria: (1) 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 licensee'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 licensee has not completed the criminal sentence without a violation of parole or probation, or the Board determines that the licensee did not make a showing of rehabilitation based on the criteria in subdivision (a), or the suspension or revocation is based upon a disciplinary action as described in Section 141 of the Business and Professions Code, or the suspension or revocation is based upon one or more of the grounds specified in Section 10(b) of the Chiropractic Initiative Act of California, the Board shall apply the following criteria in evaluating the licensee's rehabilitation: (1) Nature and gravity of the act(s), disciplinary action(s), or crime(s);(2) Total criminal record.(3) The time that has elapsed since commission of the act(s), disciplinary action(s), or crime(s).(4) Whether the licensee has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed against the licensee.(5) If applicable, evidence of dismissal proceedings pursuant to Section 1203.4 of the Penal Code.(6) The criteria in subdivision (a)(1) through (5), as applicable.(7) Evidence, if any, of rehabilitation submitted by the licensee.Cal. Code Regs. Tit. 16, § 327
1. New section filed 11-22-2021; operative 11-22-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 48). 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 4(b), 10(a) and 10(b), Chiropractic Initiative Act of California, Stats. 1923, p. lxxxviii; and Sections 481 and 482, Business and Professions Code. Reference: Section 10, Chiropractic Initiative Act of California, Stats. 1923, p. lxxxviii; and Sections 141, 480, 481, 482, 488, 490 and 493, Business and Professions Code.
1. New section filed 11-22-2021; operative 11/22/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 48). 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.