(a) In reaching a decision for approval or disapproval of an Interstate Carrier Program permit application, the department's Interstate Carrier Program Administrator or the department's designee shall review and consider the criminal history information provided by the California Attorney General pursuant to Penal Code section 11105(b)(10). The department's Interstate Carrier Program Administrator or department's designee shall also consider the recommendation of the Licensing Operations Division's Occupation Licensing Branch Chief or his/her designee.

(b) Deviation from the department designee or Licensing Operations Division's recommendation is appropriate when the Director or his/her designee determines that the facts warrant such a deviation, for example, the presence of mitigating factors.