Section 1399.21 - Rehabilitation Criteria for Denial and Reinstatement of Licensure(a) When considering the denial of a license under Section 480 of the code or a petition for reinstatement under Section 11522 of the Government Code on the ground that the applicant has been 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: (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 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 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 subsection (a), the denial is based on professional misconduct, or the denial is based on unprofessional conduct specified in Section 2660 of the code, the board shall apply the following criteria in evaluating an applicant'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 subparagraph (1) or (2).(4) Whether the applicant has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed against the applicant.(5) The criteria in subsection (a)(1) to (5), as applicable.(6) Evidence, if any, of rehabilitation submitted by the applicant.Cal. Code Regs. Tit. 16, § 1399.21
1. Amendment of NOTE filed 4-16-79; effective thirtieth day thereafter (Register 79, No. 16).
2. Amendment filed 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
3. Change without regulatory effect amending first paragraph filed 9-11-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 37).
4. Amendment of first paragraph filed 12-19-2002; operative 1-18-2003 (Register 2002, No. 51).
5. Amendment of section and NOTE filed 11-30-2021; operative 11-30-2021 (Register 2021, No. 49). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. 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 481, 482 and 2615, Business and Professions Code. Reference: Sections 480, 481, 482, 488, 493, 2660 and 2661, Business and Professions Code.
1. Amendment of NOTE filed 4-16-79; effective thirtieth day thereafter (Register 79, No. 16).
2. Amendment filed 6-29-83; effective thirtieth day thereafter (Register 83, No. 27).
3. Change without regulatory effect amending first paragraph filed 9-11-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 37).
4. Amendment of first paragraph filed 12-19-2002; operative 1-18-2003 (Register 2002, No. 51).
5. Amendment of section and Note filed 11-30-2021; operative 11/30/2021 (Register 2021, No. 49). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. 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.