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§ 3395. Criteria for Rehabilitation.

16 CA ADC § 3395BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 16. Professional and Vocational Regulations
Division 33. Bureau of Automotive Repair
Chapter 1. Automotive Repair Dealers and Official Stations and Adjusters
Article 12. Miscellaneous
16 CCR § 3395
§ 3395. Criteria for Rehabilitation.
(a) When considering the denial of a license or a registration under Section 480 of the Business and Professions Code, the bureau, in evaluating the rehabilitation of the applicant, will consider the following criteria:
(1) The nature and severity of the act(s) or crime(s) under consideration as grounds for denial.
(2) Evidence of any act(s) committed subsequent to the act(s) or crime(s) under consideration as grounds for denial which also could be considered as grounds for denial under Section 480 of the Business and Professions Code.
(3) The time that has elapsed since commission of the act(s) 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) Evidence, if any, of rehabilitation submitted by the applicant.
(b) When considering the suspension or revocation of a license or a registration on the grounds that the licensee or registrant has been convicted of a crime, the bureau, in evaluating the rehabilitation of such person, will consider the following criteria:
(1) Nature and severity of the act(s) or offense(s).
(2) Total criminal record.
(3) The time that has elapsed since commission of the act(s) or offense(s).
(4) Whether the licensee or registrant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the licensee or registrant.
(5) If applicable, evidence of expungement proceedings pursuant to Section 1203.4 of the Penal Code.
(6) Evidence, if any, of rehabilitation submitted by the licensee or registrant.
(c) When considering a petition for reinstatement of a license or a registration, the bureau shall evaluate evidence of rehabilitation submitted by the petitioner, considering those criteria specified in subsection (b).
Note: Authority cited: Sections 9882 and 9884.19, Business and Professions Code. Reference: Sections 475, 480, 482 and 9884.19, Business and Professions Code.
HISTORY
1. New Article 11 (Sections 3395 and 3396) filed 7-24-73 as an emergency; effective upon filing (Register 73, No. 30).
2. Certificate of Compliance filed 9-14-73 (Register 73, No. 37). 3. Amendment filed 5-8-75; effective thirtieth day thereafter (Register 75, No. 19).
4. Amendment filed 12-23-76; effective thirtieth day thereafter (Register 76, No. 52).
5. Renumbering of former Article 11 (Section 3395) to new Article 10 (Sections 3395-3395.3), and amendment of Section 3395 filed 2-22-83; effective thirtieth day thereafter (Register 83, No. 9).
6. Renumbering of former article 10 to new article 11 (sections 3395-3395.3) filed 4-23-97 as an emergency; operative 4-23-97 (Register 97, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-21-97 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 4-23-97 order transmitted to OAL 8-19-97 and filed 9-30-97 (Register 97, No. 40).
8. Renumbering of former article 11 to new article 12 (sections 3395-3395.4) filed 12-3-98 as an emergency; operative 12-3-98 (Register 98, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-2-99 or emergency language will be repealed by operation of law on the following day.
9. Renumbering of former article 11 to new article 12 (sections 3395-3395.4) refiled 3-30-99 as an emergency; operative 4-2-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted to OAL by 8-2-99 or emergency language will be repealed by operation of law on the following day.
10. Renumbering of former article 11 to new article 12 (sections 3395-3395.4) refiled 7-26-99 as an emergency; operative 8-2-99 (Register 99, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-30-99 or emergency language will be repealed by operation of law on the following day.
11. Certificate of Compliance as to 7-26-99 order transmitted to OAL 11-18-99 and filed 1-3-2000 (Register 2000, No. 1).
This database is current through 9/6/19 Register 2019, No. 36
16 CCR § 3395, 16 CA ADC § 3395
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