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§ 418. Criteria for Rehabilitation.

16 CA ADC § 418BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 16. Professional and Vocational Regulations
Division 5. Board for Professional Engineers and Land Surveyors
Article 1. General Provisions (Refs & Annos)
16 CCR § 418
§ 418. Criteria for Rehabilitation.
(a) When considering the denial of an application for certification as an engineer-in-training or a land surveyor-in-training, for licensure as a professional engineer or a professional land surveyor, or for authority to use the title “structural engineer” or “geotechnical engineer” under Section 480, Section 6779, or Section 8783 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:
(1) The nature and gravity of the crimes(s).
(2) The length(s) of the applicable parole or probation period(s).
(3) The extent to which the applicable parole or probation period(s) was shortened or lengthened and the reason(s) the period(s) 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) When considering the denial of an application for certification as an engineer-in-training or a land surveyor-in-training, for licensure as a professional engineer or a professional land surveyor, or for authority to use the title “structural engineer” or “geotechnical engineer” under Section 480, Section 6779, or Section 8783 of the Code, if the Board determines that the applicant has not completed the criminal sentence at issue without a violation of parole or probation or did not make the showing of rehabilitation based on the criteria in subdivision (a) if the denial is based on the ground that the applicant has been convicted of a crime, or, if the denial is based on the ground that the applicant has been subject to formal discipline by another licensing board for professional misconduct, then the Board shall consider whether the applicant made a showing of rehabilitation by applying the following criteria in evaluating the 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 prior to or subsequent to the act(s), professional misconduct, or crime(s) under consideration as grounds for denial which could also be considered as grounds for denial.
(3) The time that has elapsed since commission of the act(s), professional misconduct, or crime(s) referred to in subdivision (1) or (2).
(4) The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.
(5) Any evidence of rehabilitation submitted by the applicant.
(6) Total criminal record.
(7) If applicable, evidence that the conviction has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.42 of the Penal Code; evidence that the applicant has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code; or evidence of a comparable dismissal or expungement.
(8) The criteria in subdivision (a)(1) through (a)(5), as applicable.
(c) When considering the suspension or revocation of the certification of an engineer-in-training or a land surveyor-in-training, the license of a professional engineer or a professional land surveyor, or the authority to use the title “structural engineer” or “geotechnical engineer” under Section 490, subdivision (a) of Section 6775, subdivision (a) of Section 6775.1, Section 6779, subdivision (e) of Section 8780, subdivision (a) of Section 8780.1, or Section 8783 of the Code on the ground that the license holder has been convicted of a crime, the Board shall consider whether the license holder made a showing of rehabilitation if the license 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:
(1) The nature and gravity of the crimes(s).
(2) The length(s) of the applicable parole or probation period(s).
(3) The extent to which the applicable parole or probation period(s) was shortened or lengthened and the reason(s) the period(s) was modified.
(4) The terms or conditions of parole or probation and the extent to which they bear on the license holder's rehabilitation.
(5) The extent to which the terms or conditions of parole or probation were modified and the reason(s) for modification.
(d) When considering the suspension or revocation of the certification of an engineer-in-training or a land surveyor-in-training, the license of a professional engineer or a professional land surveyor, or the authority to use the title “structural engineer” or “geotechnical engineer” under Section 490, subdivision (a) of Section 6775, subdivision (a) of Section 6775.1, Section 6779, subdivision (e) of Section 8780, subdivision (a) of Section 8780.1, or Section 8783 of the Code on the ground that the license holder has been convicted of a crime, if the Board determines that the license holder has not completed the criminal sentence at issue without a violation of parole or probation or did not make the showing of rehabilitation based on the criteria in subdivision (c), then the Board shall consider whether the license holder made a showing of rehabilitation by applying the following criteria in evaluating the license holder's rehabilitation:
(1) The nature and gravity of the crime(s) under consideration as grounds for suspension or revocation.
(2) Evidence of any crime(s) committed prior to or subsequent to the crime(s) under consideration as grounds for suspension or revocation which could also be considered as grounds for suspension or revocation.
(3) The time that has elapsed since commission of the crime(s) referred to in subdivision (1) or (2).
(4) The extent to which the license holder has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the license holder.
(5) Any evidence of rehabilitation submitted by the license holder.
(6) Total criminal record.
(7) If applicable, evidence that the conviction has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.42 of the Penal Code; evidence that the license holder has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code; or evidence of a comparable dismissal or expungement.
(8) The criteria in subdivision (c)(1) through (c)(5), as applicable.
(e) When considering a petition for reinstatement of the certification of an engineer-in-training or a land surveyor-in-training, the license of a professional engineer or a professional land surveyor, or the authority to use the title “structural engineer” or “geotechnical engineer,” the Board shall evaluate evidence of rehabilitation submitted by the petitioner, including but not limited to the following:
(1) Educational courses, including college-level courses, seminars, and continuing professional development courses, completed after the effective date of the Board's decision ordering revocation.
(2) Professional engineering or land surveying work done under the responsible charge of a license holder in good standing or under the responsible charge of a person legally authorized to practice.
(3) Payment of restitution to the consumer(s) by the petitioner.
(4) Actual or potential harm to the public, client(s), employer(s), and/or employee(s) caused by the action(s) that led to the revocation or that could be caused by the reinstatement of the license.
(5) The criteria specified in subdivision (d)(1) through (8), as applicable.
(6) Disciplinary history, other than criminal actions, after the revocation.
(7) Recognition by the petitioner of his or her own actions and/or behavior that led to the revocation.
(8) Correction of the petitioner's actions and/or behavior that led to the revocation.
(f) As used in this section, “license” means certification as an engineer-in-training or a land surveyor-in-training, licensure as a professional engineer, licensure as a professional land surveyor, authority to use the title “structural engineer,” or authority to use the title “geotechnical engineer.”
Note: Authority cited: Sections 481, 482, 6716 and 8710, Business and Professions Code. Reference: Sections 480, 481, 482, 488, 490, 493, 6775, 6775.1, 6777, 6779, 6780, 8780, 8780.1, 8783, 8784 and 8785, Business and Professions Code.
HISTORY
1. New section filed 5-29-75; effective thirtieth day thereafter (Register 75, No. 22).
2. New subsection (b)(7) filed 2-10-76; effective thirtieth day thereafter (Register 76, No. 7).
3. Amendment filed 8-10-83; effective thirtieth day thereafter (Register 83, No. 33).
4. Change without regulatory effect amending subsection (a) filed 1-20-95 pursuant to section 100, title 1, California Code of Regulations (Register 95, No. 3).
5. Change without regulatory effect amending section and Note filed 4-19-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 17).
6. Amendment of section and Note filed 7-26-2005; operative 8-25-2005 (Register 2005, No. 30).
7. Amendment of section and Note filed 5-17-2021; operative 5-17-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 21). 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 6/17/22 Register 2022, No. 24
16 CCR § 418, 16 CA ADC § 418
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