Cal. Code Regs. Tit. 16, § 326 - Rehabilitation Criteria for Denials, Reinstatements, and Reissuance of a License

(a) When considering the denial of a license under Section 480 of the Business and Professions Code or granting a petition for reinstatement under Section 1003 of the Business and Professions Code or restoration of a license pursuant to subdivision (c) of Section 10 of the Chiropractic Initiative Act of California, on the ground that the applicant or petitioner has been convicted of a crime, the Board shall consider whether the applicant or petitioner made a showing of rehabilitation if the applicant or petitioner 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 or petitioner'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 or petitioner has not completed the criminal sentence at issue without a violation of parole or probation, or the Board determines that the applicant or petitioner did not make the showing of rehabilitation based on the criteria in subdivision (a), or the denial is based on professional misconduct, or the denial is based on one or more of the grounds specified in Section 10(b) of the Chiropractic Initiative Act of California, the Board shall apply the following criteria in evaluating an applicant's or petitioner'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 crime(s) committed subsequent to the act(s), professional misconduct, or crime(s) under consideration as grounds for denial.

(3) The time that has elapsed since commission of the act(s), professional misconduct, or crime(s) referred to in subparagraphs (1) or (2).

(4) Whether the applicant or petitioner 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) through (5), as applicable.

(6) Evidence, if any, of rehabilitation submitted by the applicant or petitioner.

Notes

Cal. Code Regs. Tit. 16, § 326

1. New section filed 7-7-2003; operative 8-6-2003 (Register 2003, No. 28).
2. Repealer and new section heading and section and amendment NOTE filed 11-22-2021; operative 11-22-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 48). 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.

Note: Authority cited: Sections 4(b) and 10, Chiropractic Initiative Act of California, Stats. 1923, p. lxxxviii; and Section 481, Business and Professions Code. Reference: Sections 4(b) and 10, Chiropractic Initiative Act of California, Stats. 1923, p. lxxxviii; and Section 1003, Business and Professions Code.

1. New section filed 7-7-2003; operative 8-6-2003 (Register 2003, No. 28).
2. Repealer and new section heading and section and amendment of Note filed 11-22-2021; operative 11/22/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 48). 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.