Section 1042.1 - Criteria for Evaluating Rehabilitation(a) When considering the denial of a license, permit or certificate under Section 480 of the Business and Professions Code, for which application has been made under Chapter 3, Division 2, of the Business and Professions Code, the Department, in evaluating the rehabilitation of the applicant and his present eligibility for a license, permit or certificate, shall consider the following criteria: (1) The nature and severity of the act(s) or crime(s) under consideration as grounds for denial.(2) Evidence of any act(s) committed subsequent to the act(s) or crime(s) under consideration as grounds for denial which also could be considered as grounds for denial under Section 480 of the Business and Professions Code.(3) The time that has elapsed since commission of the act(s) or crime(s) referred to in subsection (a) (1) or (a) (2).(4) The extent to which the applicant has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed upon the applicant.(5) Evidence, if any, of rehabilitation submitted by the applicant.(b) When considering the suspension or revocation of a license, permit or certificate issued under Chapter 3, Division 2 of the Business and Professions Code on the grounds of conviction of a crime, the Department, in evaluating the rehabilitation of such person and his present eligibility for a license, permit or certificate shall consider the following criteria:(1) Nature and severity of the act(s) or offense(s).(2) Total criminal record.(3) The time that has elapsed since commission of the act(s) or offense(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 expungement proceedings pursuant to Section 1203.4 of the Penal Code.(6) Evidence, if any, of rehabilitation submitted by the licensee.(c) When considering a petition for reinstatement of a license, permit or certificate, the Department shall evaluate evidence of rehabilitation, considering those criteria of rehabilitation listed in subsection (b).Cal. Code Regs. Tit. 17, § 1042.1
1. New section filed 12-12-75; effective thirtieth day thereafter (Register 75, No. 50). Note: Authority cited: Sections 208, 3901, 15020 and 25800- 25870, Health and Safety Code: Section 1224, Business and Professions Code. Reference: Sections 3901, 15000- 15023 and 25811, Health and Safety Code; Sections 475, 480, 481, 482 and 1242.5, Business and Professions Code.
1. New section filed 12-12-75; effective thirtieth day thereafter (Register 75, No. 50).