Home Table of Contents

§ 3930. Director's Review of Denial of Registration or Renewal.

16 CA ADC § 3930BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 16. Professional and Vocational Regulations
Division 38. Department of Consumer Affairs
Chapter 5. Legal Document Assistants
Article 2. Review of Denial of Registration or Renewal of Registration (Refs & Annos)
16 CCR § 3930
§ 3930. Director's Review of Denial of Registration or Renewal.
(a) The director shall review the documents submitted by the applicant under section 3920 and shall apply the criteria stated in this section to determine whether to order that the applicant's certificate of registration be granted or denied pursuant to subdivision (e) of section 6406 of the Business and Professions Code.
(b) Where the county clerk has denied the applicant registration or renewal of registration because the applicant has failed to demonstrate having met one of the education and experience requirements stated in section 6402.1 of the Business and Professions Code, the director shall determine whether the failure specified in the county clerk's notice of denial is likely to expose consumers to a significant risk of harm.
(c) Where the county clerk has denied the applicant registration or renewal of registration because the applicant is currently disbarred or suspended from the practice of law as prohibited by section 6402 of the Business and Professions Code, or because of a conviction, civil judgment or revocation of registration as specified in subdivision (b) of section 6406 of that Code, the director shall review each disbarment, suspension, conviction, civil judgment and revocation of registration disclosed in the application or cited in the county clerk's notice of denial to determine whether any of these disqualifying events, separately or in combination, is substantially related to the qualifications, functions and duties of a legal document assistant. The director shall make this determination by applying the criteria stated in paragraphs (1) and (2).
(1) The director shall consider a disqualifying event to be substantially related to the qualifications, functions and duties of a legal document assistant if to a substantial degree it evidences present or potential unfitness of the applicant to perform the functions authorized by his or her registration in a manner consistent with the public health, safety or welfare.
(2) The director also shall evaluate the rehabilitation of the applicant and his or her present eligibility to be registered. The director shall consider the following criteria in making this evaluation:
(A) The nature and severity of the disqualifying event;
(B) Evidence of any act committed subsequent to the disqualifying event which also could be considered as grounds for denial under section 480 or subdivision (b) of section 6406 of the Business and Professions Code;
(C) The time that has elapsed since the disqualifying event occurred;
(D) The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant;
(E) If applicable, evidence of expungement proceedings pursuant to section 1203.4 of the Penal Code; and
(F) Evidence, if any, of rehabilitation submitted by the applicant.
(3) The director's determination that a disqualifying event is substantially related to the qualifications, functions and duties of a legal document assistant shall constitute the director's determination, for purposes of subdivision (e) of section 6406 of the Business and Professions Code, that the issuance of a certificate of registration to the applicant is likely to expose consumers to a significant risk of harm.
Note: Authority cited: Section 6406, Business and Professions Code. Reference: Sections 475-482, 6402 and 6406, Business and Professions Code.
HISTORY
1. New section filed 8-12-99; operative 8-16-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 33).
This database is current through 9/11/20 Register 2020, No. 37
16 CCR § 3930, 16 CA ADC § 3930
End of Document© 2020 Thomson Reuters. No claim to original U.S. Government Works.