Section 6303.3 - Process Following Notification of Licensure Denial or Revocation(a) An applicant or licensee who is subject to denial or revocation of a genetic counselor license or temporary genetic counselor license pursuant to this Subchapter shall be entitled to an appeal in accordance with Health and Safety Code Section 131071.(b) Upon receipt of notification of denial or revocation of licensure, the applicant or licensee shall have 15 calendar days from the date of the notice to request an appeal of the denial or revocation, or the Department's action will become final. The Department will make the final decision on the appeal.(c) When considering the denial or revocation of a license under this Subchapter, or a petition for reinstatement under section 11522 of the Government Code, the Department, in evaluating the rehabilitation of such person and his or her present eligibility for a license, will consider the following criteria: (1) The nature and severity of the act(s) or crime(s) giving rise to the denial or revocation;(2) Evidence of any act(s) committed subsequent to the act(s) or crime(s) giving rise to the denial or revocation;(3) The time that has elapsed since commission of the act(s) or crime(s) giving rise to the denial or revocation;(4) Whether the licensee has complied with any terms of probation, parole, restitution or any other sanctions lawfully imposed against such person;(5) If applicable, evidence of expungement proceedings pursuant to Section 1203.4 of the Penal Code;(6) Evidence, if any, concerning the degree to which a false statement relative to application for licensure may have been unintentional, inadvertent or immaterial;(7) Efforts made by the applicant either to correct a false statement once made on an application or to conceal the truth concerning facts required to be disclosed; and(8) Evidence, if any, of rehabilitation submitted by the licensee.(d) There shall be a license fee payment of $100.00 for reinstatement of a revoked license with completed license payment form CDPH 4487 (03/12), incorporated by reference.Cal. Code Regs. Tit. 17, § 6303.3
1. New section filed 2-11-2013 as an emergency; operative 2-11-2013 pursuant to Health and Safety Code section 124977(d). Submitted to OAL by agency for filing and printing only pursuant to Health and Safety Code section 124977 (Register 2013, No. 7). Pursuant to Health and Safety Code section 124977(d)(2), this regulation shall remain in effect until revised or repealed by the department.
2. Statement of Compliance pursuant to Health and Safety Code section 124977(d)(1) as to 2-11-2013 order, including amendment of NOTE, filed 10-31-2013. Exempt from OAL review pursuant to Health and Safety Code section 124977(d)(2). Submitted to OAL for filing and printing pursuant to Government Code section 11343.8 (Register 2013, No. 44). Note: Authority cited: Sections 124977, 124980, 124981, 124982, 131052 and 131200, Health and Safety Code. Reference: Section 11522, Government Code; Sections 124980, 124981, 124982, 124996 and 131071, Health and Safety Code.
1. New section filed 2-11-2013 as an emergency; operative 2-11-2013 pursuant to Health and Safety Code section 124977(d). Submitted to OAL by agency for filing and printing only pursuant to Health and Safety Code section 124977 (Register 2013, No. 7). Pursuant to Health and Safety Code section 124977(d)(2), this regulation shall remain in effect until revised or repealed by the department.
2. Statement of Compliance pursuant to Health and Safety Code section 124977(d)(1) as to 2-11-2013 order, including amendment of Note, filed 10-31-2013. Exempt from OAL review pursuant to Health and Safety Code section 124977(d)(2). Submitted to OAL for filing and printing pursuant to Government Code section 11343.8 (Register 2013, No. 44).