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§ 1399.133. Criteria for Rehabilitation--Denials and Reinstatements.

16 CA ADC § 1399.133Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 16. Professional and Vocational Regulations
Division 13.3. Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs
Article 6. Enforcement
16 CCR § 1399.133
§ 1399.133. Criteria for Rehabilitation--Denials and Reinstatements.
(a) When considering the denial of a license or a temporary license under Section 480 of the Code, on the ground that the applicant has been convicted of a crime, or when considering the reinstatement of a license, 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 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, or the Board determines that the applicant did not make the showing of rehabilitation based on the criteria in subdivision (a), the denial is based on professional misconduct, or the denial is based on one or more of the grounds specified in Sections 2533 and 2533.1 of the Code, the Board 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 crimes(s) committed subsequent to the act(s), professional misconduct, or crime(s) under consideration as grounds for denial which also could be considered as grounds for denial under Section 480 of the Code.
(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) 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)-(5), as applicable.
(6) Evidence, if any, of rehabilitation submitted by the applicant.

Credits

Note: Authority cited: Sections 482 and 2531.06, Business and Professions Code. Reference: Sections 475, 480, 481, 482, 488, 490, 493, 2533 and 2533.1, Business and Professions Code.
History
1. New section filed 10-24-75; effective thirtieth day thereafter (Register 75, No. 43).
2. Amendment of Note filed 4-12-79; effective thirtieth day thereafter (Register 79, No. 15).
3. Amendment of subsection (a) and renumbering of subsection (b) to Section 1399.134 filed 5-6-83; effective thirtieth day thereafter (Register 83, No. 19).
4. Change without regulatory effect amending subsection (a) filed 6-11-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 24).
5. Change without regulatory effect amending first paragraph and Note filed 10-28-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 44).
6. Amendment of section and Note filed 5-7-2021; operative 5-7-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 19). 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 6/14/24 Register 2024, No. 24.
Cal. Admin. Code tit. 16, § 1399.133, 16 CA ADC § 1399.133
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