§ 1399.526. Rehabilitation Criteria for Denials and Reinstatements.
16 CA ADC § 1399.526Barclays Official California Code of Regulations
16 CCR § 1399.526
§ 1399.526. Rehabilitation Criteria for Denials and Reinstatements.
(a) When considering the denial of a license under section 480 of the code on the ground that the applicant was convicted of a crime, 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:
(b) If the applicant has not completed the criminal sentence at issue without a violation of parole or probation, 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 3527, 3530, or 3531 of the code, the board shall apply the following criteria in evaluating an applicant's rehabilitation:
(2) Evidence of any act(s), unprofessional conduct as defined in Section 3527 of the code and Section 1399.521.5, professional misconduct, or crime(s) committed subsequent to the act(s), unprofessional conduct as defined in Section 3527 of the code and Section 1399.521.5, professional misconduct, or crime(s) under consideration as grounds for denial under section 480 or 3527 of the code.
(c) When considering a petition for reinstatement of a license or a petition for modification or termination of probation under the provisions of section 3530 of the code, the board shall evaluate evidence of rehabilitation submitted by the petitioner considering those criteria specified in this section.
Credits
Note: Authority cited: Sections 481, 482, 2018 and 3510, Business and Professions Code. Reference: Sections 480, 481, 482, 488, 493, 3527, 3530 and 3531, Business and Professions Code.
History
1. Renumbering and amendment of former section 1399.526 to section 1399.535, and renumbering and amendment of former section 1399.517 to section 1399.526, filed 9-20-83; effective thirtieth day thereafter (Register 83, No. 39).
2. Change without regulatory effect filed 2-5-91 pursuant to section 100, Title 1, California Code of Regulations (Register 91, No. 11).
3. Change without regulatory effect amending subsections (a) and (b) filed 10-12-2010 pursuant to section 100, title 1, California Code of Regulations (Register 2010, No. 42).
4. Change without regulatory effect amending subsections (a) and (b) filed 8-7-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 32).
5. Amendment of section and Note filed 1-29-2021; operative 1-29-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 5). 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 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 16, § 1399.526, 16 CA ADC § 1399.526
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