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§ 2471. Criteria for Rehabilitation.

16 CA ADC § 2471Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 16. Professional and Vocational Regulations
Division 24. Court Reporters Board of California
Article 8. Denial, Suspension and Revocation of Certificates
16 CCR § 2471
§ 2471. Criteria for Rehabilitation.
Currentness
(a) Denial of a certificate.
(1) When considering the denial of a shorthand reporter's certificate 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:
(A) The nature and gravity of the crime(s).
(B) The length(s) of the applicable parole or probation period(s).
(C) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.
(D) The terms or conditions of parole or probation and the extent to which they bear on the applicant's rehabilitation.
(E) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification.
(2) 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 subdivision (a)(1), the denial is based on professional misconduct, or the denial is based on one or more of the grounds specified in Sections 8025 or 8025.1 of the Code, the board shall apply the following criteria in evaluating an applicant's rehabilitation:
(A) The nature and gravity of the act(s), professional misconduct, or crime(s) under consideration as grounds for denial.
(B) Evidence of any act(s), professional misconduct, or crime(s) committed subsequent to the act(s), professional conduct, or crime(s) under consideration as grounds for denial.
(C) The time that has elapsed since commission of the act(s), professional misconduct, or crime(s) referred to in subdivision (A) or (B).
(D) Whether the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.
(E) The criteria in subdivision (a)(1)(A) through (E), as applicable.
(F) Evidence, if any, of rehabilitation submitted by the applicant.
(b) Suspension or revocation of a certificate.
(1) When considering the suspension or revocation of the certificate of a shorthand reporter on the grounds that the certificate holder has been convicted of a crime, the Board shall consider whether the certificate holder made a showing of rehabilitation, if the certificate holder completed the criminal sentence at issue without a violation of parole or probation. In making this determination, the board shall consider the following criteria:
(A) The nature and gravity of the crime(s).
(B) The length(s) of the applicable parole or probation period(s).
(C) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.
(D) The terms or conditions of parole or probation and the extent to which they bear on the certificate holder's rehabilitation.
(E) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for the modification.
(2) If the certificate holder has not completed the criminal sentence at issue without a violation of parole or probation, the board determines that the certificate holder did not make the showing of rehabilitation based on the criteria in subdivision (b)(1), 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 Sections 8025 or 8025.1 of the Code, the board shall apply the following criteria in evaluating the certificate holder's rehabilitation:
(A) Nature and gravity of the act(s), disciplinary action(s), or crime(s).
(B) Total criminal record.
(C) The time that has elapsed since commission of the act(s), disciplinary action(s), or crime(s).
(D) Whether the certificate holder has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed against the certificate holder
(E) The criteria in subdivisions (b)(1)(A) through (E), as applicable.
(F) If applicable, evidence of dismissal proceedings pursuant to Section 1203.4 of the Penal Code.
(G) Evidence, if any, of rehabilitation submitted by the certificate holder.
(c) When considering a petition for reinstatement of the certification of a shorthand reporter, the Board shall evaluate evidence of rehabilitation submitted by the petitioner, considering those criteria specified in subdivision (a)(1).

Credits

Note: Authority cited: Sections 481, 482 and 8007, Business and Professions Code. Reference: Sections 141, 480, 481, 482, 493, 8025 and 8025.1, Business and Professions Code.
History
1. Amendment of subsection (a) filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).
2. Amendment of section and Note filed 5-12-2021; operative 5-12-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 20). 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 4/19/24 Register 2024, No. 16.
Cal. Admin. Code tit. 16, § 2471, 16 CA ADC § 2471
End of Document