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§ 1814. Criteria for Rehabilitation--Suspensions or Revocations.

16 CA ADC § 1814Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 16. Professional and Vocational Regulations
Division 18. Board of Behavioral Sciences (Refs & Annos)
Article 1. General Provisions
16 CCR § 1814
§ 1814. Criteria for Rehabilitation--Suspensions or Revocations.
Currentness
(a) For purposes of this section, “license” shall mean license or registration. “Licensee” shall mean licensee or registrant.
(b) When considering the suspension or revocation of a license under Section 490 of the Code on the ground that the holder of the license has been convicted of a crime, the board shall consider whether the licensee 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) 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 licensee's rehabilitation.
(5) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for the modification.
(c) If the licensee has not completed the criminal sentence at issue without a violation of parole or probation, the board determines that the licensee did not make the showing of rehabilitation based on the criteria in subsection (b), the suspension or revocation is based on a disciplinary action as described in Section 141 of the Code, or the suspension or revocation 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 the licensee's or rehabilitation:
(1) The nature and gravity of the act(s), disciplinary action(s), or crime(s) under consideration as grounds for suspension or revocation.
(2) Evidence of any act(s), disciplinary action(s), or crimes committed subsequent to the act(s) or crime(s) under consideration as grounds for suspension or revocation.
(3) The time that has elapsed since commission of the act(s), disciplinary action(s), or crime(s) referred to in paragraph (1) or (2).
(4) Whether the licensee has complied with any terms of probation, parole, restitution or any other sanctions lawfully imposed against the licensee.
(5) The criteria in subsection (b)(1) through (5), as applicable.
(6) If applicable, evidence of dismissal proceedings pursuant to Section 1203.4 of the Penal Code.
(7) Evidence, if any, concerning the degree to which a false statement relative to application for licensure may have been unintentional, inadvertent or immaterial.
(8) 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.
(9) Evidence, if any, of rehabilitation submitted by the licensee.
(d) When considering a petition for reinstatement of a license or registration under the provisions of Section 4990.30 of the Code, the board shall evaluate evidence of rehabilitation submitted by the petitioner considering those criteria specified in Section 1813 of this article.

Credits

Note: Authority cited: Sections 4980.60 and 4990.20, Business and Professions Code. Reference: Sections 141, 481, 482, 488, 490, 493, 4982, 4989.54, 4992.3 and 4999.90, Business and Professions Code.
History
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.
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 16, § 1814, 16 CA ADC § 1814
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