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§ 1399.272. Rehabilitation Criteria for Suspensions and Revocations.

16 CA ADC § 1399.272Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 16. Professional and Vocational Regulations
Division 13.5. Registered Dispensing Opticians of the California State Board of Optometry
Article 7. Enforcement
16 CCR § 1399.272
§ 1399.272. Rehabilitation Criteria for Suspensions and Revocations.
Currentness
(a) When considering the suspension or revocation of a registration on the grounds that the registrant has been convicted of a crime, the Board shall consider whether the registrant made a showing of rehabilitation if the registrant 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 circumstances, nature, and gravity of the crime(s).
(2) The length(s) of time that has elapsed since the criminal conduct and the completion of probation.
(3) Whether the registrant is a repeat offender of the same or similar crime(s), and the total criminal record.
(4) The terms or conditions of parole or probation and the extent to which they bear on the registrant's rehabilitation.
(b) If the registrant has not completed the criminal sentence at issue without a violation of parole or probation, the Board determines that the registrant 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 2555, 2555.1, 2559.3, or 2563 of the code, the Board shall apply the following criteria in evaluating the registrant's rehabilitation:
(1) Nature and gravity of the act(s), disciplinary action(s), or crime(s).
(2) Total criminal record.
(3) The time that has elapsed since commission of the act(s), disciplinary action(s), or crime(s).
(4) Whether the registrant has complied with any or all terms of parole, probation, restitution, or other sanctions lawfully imposed against the registrant.
(5) The criteria in subdivision (a)(1) through (a)(4), 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 registrant.

Credits

Note: Authority cited: Sections 481, 482 and 2558, Business and Professions Code. Reference: Sections 141, 481, 482, 488, 490, 493, 2555, 2555.1, 2559.3 and 2563, Business and Professions Code.
History
1. Amendment of section and Note filed 2-25-2021; operative 2-25-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 9). (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 6/7/24 Register 2024, No. 23.
Cal. Admin. Code tit. 16, § 1399.272, 16 CA ADC § 1399.272
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