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§ 4522. Rehabilitation Criteria for Denial of License.

16 CA ADC § 4522Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 16. Professional and Vocational Regulations
Division 41. Professional Fiduciaries Bureau
Article 6. License Denial
16 CCR § 4522
§ 4522. Rehabilitation Criteria for Denial of License.
Currentness
(a) When considering the denial of a license under Section 480 or Section 6536, subdivision (b) of the Business and Professions Code on the ground that the applicant has been convicted of a crime substantially related to the qualifications, functions, or duties of a professional fiduciary, the Bureau 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 Bureau 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 applicant's rehabilitation.
(5) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification.
(b) If the applicant has not completed the criminal sentence at issue without a violation of parole or probation, the Bureau determines that the applicant did not make the showing of rehabilitation based on the criteria in subdivision (a), or the denial is based on professional misconduct, the Bureau shall apply the following criteria in evaluating an applicant's rehabilitation:
(1) The nature and gravity of the act(s), professional misconduct, or crime(s) under consideration as grounds for denial.
(2) Evidence of any act(s), professional misconduct, or crime(s) committed subsequent to the act(s), professional misconduct, or crime(s) under consideration as grounds for denial which also could be considered grounds for denial under Sections 480 and 6536.
(3) The time that has elapsed since commission of the act(s), professional misconduct, or crime(s) referred to in paragraph (1) or (2).
(4) Whether the applicant has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed against the applicant.
(5) The criteria in subdivision (a)(1) through (a)(5), as applicable.
(6) Evidence, if any, of rehabilitation submitted by the applicant.

Credits

Note: Authority cited: Sections 481, 482 and 6517, Business and Professions Code. Reference: Sections 480, 481, 482, 488, 6536 and 6537, Business and Professions Code.
History
1. New section filed 11-26-2007 as an emergency; operative 11-26-2007 (Register 2007, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-27-2008 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 11-26-2007 order transmitted to OAL 5-28-2008 and filed 6-16-2008 (Register 2008, No. 25).
3. Amendment of section and Note filed 2-1-2021; operative 2-1-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 6). 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, § 4522, 16 CA ADC § 4522
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