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§ 3723. Criteria of Rehabilitation.

10 CA ADC § 3723BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 10. Investment
Chapter 6.5. Real Estate Appraisers
Article 12. Discipline
10 CCR § 3723
§ 3723. Criteria of Rehabilitation.
(a) Upon a determination pursuant to Section 3722 that a substantial relationship exists between particular acts or omissions and the qualifications, functions or duties authorized or to be authorized by a license applied for or held, the Chief shall consider all competent evidence provided by the applicant or licensed appraiser or known to the Chief, consisting of testimony or other facts showing:
(1) The effect of the passage of time since the most recent conviction or offense;
(2) Restitution to any person who has suffered monetary losses through “substantially related” acts or omissions of the Applicant;
(3) Judicial relief from the consequences of criminal convictions resulting from immoral or antisocial acts including but not limited to Release from Probation (PC 1203.4), Certificate of Rehabilitation (PC 4852.01), finding of factual innocence (PC 841.8, 851.85), Diversion (completed), or other comparable orders of a court, including federal courts;
(4) Successful completion or early discharge from probation or parole;
(5) Abstinence from the use of controlled substances or alcohol for not less than two years if the crime or offense is attributable in part to the use of controlled substances or alcohol;
(6) Payment of any fine or other monetary penalty imposed in connection with a criminal conviction or quasi-criminal judgment;
(7) Stability of family life and fulfillment of parental and familial responsibilities subsequent to the conviction or offense;
(8) Completion of, or sustained enrollment in, formal education or vocational training courses for economic self-improvement;
(9) Discharge of, or bona fide efforts toward discharging, adjudicated debts or monetary obligations to others;
(10) Correction of business practices resulting in injury to others or with the potential to cause such injury;
(11) Significant or conscientious involvement in community, church or privately-sponsored programs designed to provide social benefits or to ameliorate social problems;
(12) New and different social and business relationships from those which existed at the time of the crime or offense; or
(13) Change in attitude from that which existed at the time of the crime or offense as evidenced by any or all of the following:
(A) Testimony of applicant or licensed appraiser;
(B) Evidence from family members, friends or other persons familiar with applicant's previous conduct and with his or her subsequent attitudes and behavioral patterns;
(C) Evidence from probation or parole officers or law enforcement officials competent to testify as to applicant's social adjustments; or
(D) Evidence from psychiatrists or other persons competent to testify with regard to psychiatric or emotional disturbances.
(b) The enumeration of criteria in (a) does not preclude the consideration of other competent evidence of rehabilitation.
Note: Authority cited: Sections 482, 11313 and 11314, Business and Professions Code. Reference: Sections 482 and 11340, Business and Professions Code.
HISTORY
1. Renumbering and amendment of former section 3552 to new section 3723 filed 11-1-96; operative 11-1-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 44). For prior history, see Register 94, No. 23.
2. Change without regulatory effect amending subsection (a) filed 2-11-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 7).
This database is current through 1/5/18 Register 2018, No. 1
10 CCR § 3723, 10 CA ADC § 3723
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