(a) When considering the suspension or
revocation of a license under Section
490
of the Business and Professions Code on the ground that the person holding the
license has been convicted of a crime, the Board shall consider whether the
licensee has 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) 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 without a violation of parole or probation, or the Board
determines that the licensee did not make a showing of rehabilitation based on
the criteria in subdivision (a), or the suspension or revocation is based upon
a disciplinary action as described in Section
141
of the Business and Professions Code, or the suspension or revocation is based
upon 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 the licensee'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 licensee has complied with
any terms of parole, probation, restitution or any other sanctions lawfully
imposed against the licensee.
(5)
If applicable, evidence of dismissal proceedings pursuant to Section
1203.4 of the
Penal Code.
(6) The criteria in
subdivision (a)(1) through (5), as applicable.
(7) Evidence, if any, of rehabilitation
submitted by the licensee.
Notes
Cal. Code Regs.
Tit. 16, §
327
1. New section
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),
10(a) and
10(b),
Chiropractic Initiative Act of California, Stats. 1923, p. lxxxviii; and
Sections
481
and
482,
Business and Professions Code. Reference: Section
10, Chiropractic Initiative Act of
California, Stats. 1923, p. lxxxviii; and Sections
141,
480,
481,
482,
488,
490
and
493,
Business and Professions Code.
1.
New section 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.