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§ 1399.134. Criteria for Rehabilitation--Suspensions and Revocations.

16 CA ADC § 1399.134Barclays 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 § 1399.134
§ 1399.134. Criteria for Rehabilitation--Suspensions and Revocations.
Currentness
(a) When considering the suspension or revocation of a license or a temporary license on the grounds that the licensee has been convicted of a crime, the Board shall consider whether the licensee made a showing of rehabilitation, if the licensee 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 licensee'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 licensee has not completed the criminal sentence at issue without a violation of probation, or the Board determines that the licensee did not make the showing of rehabilitation based on the criteria in subdivision (a), the suspension or revocation is based on a disciplinary action as described in Section 141 of the Code, or the suspension or revocation 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 a licensee's rehabilitation:
(1) The nature and gravity of the act(s), disciplinary action(s), or crime(s).
(2) The total criminal record.
(3) The time that has elapsed since commission of the act(s), disciplinary actions(s), or crime(s).
(4) Whether the licensee has complied with any or all terms of parole, probation, restitution or any other sanctions lawfully imposed against the licensee.
(5) The criteria in subdivision (a)(1)-(5), as applicable.
(6) If applicable, evidence of dismissal proceedings pursuant to Section 1203.4 of the Penal Code.
(7) Evidence, if any, of rehabilitation submitted by the licensee.

Credits

Note: Authority cited: Sections 482 and 2531.06, Business and Professions Code. Reference: Sections 141, 475, 480, 482, 488, 490, 493, 2533 and 2533.1, Business and Professions Code.
History
1. Renumbering of Section 1399.133(b) to Section 1399.134 filed 5-6-83; effective thirtieth day thereafter (Register 83, No. 19). For history of former section, see Registers 79, No. 15; and 75, No. 43.
2. Change without regulatory effect amending first paragraph filed 6-11-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 24).
3. 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).
4. 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-71-20.429
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 16, § 1399.134, 16 CA ADC § 1399.134
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