Section 2041 - Criteria for Rehabilitation(a) For purposes of subsections (c) and (d), "license" shall mean license, registration, or permit.(b) For purposes of subsections (c) and (d), "licensee" shall mean licensee, registrant, or permit holder.(c) Denial of a license. (1) When considering the denial of a license under Section 480 of the 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: (A) The nature and gravity of the crime(s).(B) The length(s) of the applicable parole or probation period(s).(C) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.(D) The terms or conditions of parole or probation and the extent to which they bear on the applicant's rehabilitation.(E) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification.(2) 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 (c)(1), the denial is based on professional misconduct, or the denial is based on one or more of the grounds specified in Sections 4836.2, 4842, 4845.5, or 4883 of the code, the board shall apply the following criteria in evaluating an applicant's rehabilitation: (A) The nature and gravity of the act(s), professional misconduct, or crime(s) under consideration as grounds for denial.(B) 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.(C) The time that has elapsed since commission of the act(s), professional misconduct, or crime(s) referred to in paragraph (A) or (B).(D) Whether the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.(E) The criteria in subsection (c)(1)(A)-(E), as applicable.(F) Evidence, if any, of rehabilitation submitted by the applicant.(d) Suspension or revocation of a license. (1) When considering the suspension or revocation of a license under Section 490 of the code on the ground that a person holding a license under Chapter 11 of Division 2 of the code has been convicted of a crime, the board shall consider whether the licensee 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: (A) The nature and gravity of the crime(s).(B) The length(s) of the applicable parole or probation period(s).(C) The extent to which the applicable parole or probation period was shortened or lengthened, and the reason(s) the period was modified.(D) The terms or conditions of parole or probation and the extent to which they bear on the licensee's rehabilitation.(E) The extent to which the terms or conditions of parole or probation were modified, and the reason(s) for modification.(2) If the licensee has not completed the criminal sentence at issue without a violation of parole or probation, the board determines that the licensee did not make the showing of rehabilitation based on the criteria in subsection (d)(1), 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 4836.2, 4837, 4845.5, or 4883 of the code, the board shall apply the following criteria in evaluating the licensee's rehabilitation: (A) Nature and gravity of the act(s), disciplinary action(s), or crime(s).(B) Total criminal record.(C) The time that has elapsed since commission of the act(s), disciplinary action(s), or crime(s).(D) Whether the licensee has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed against the licensee.(E) The criteria in subsection (d)(1)(A)-(E), as applicable.(F) If applicable, evidence of dismissal proceedings pursuant to Section 1203.4 of the Penal Code.(G) Evidence, if any, of rehabilitation submitted by the licensee.(e) When considering a petition for reinstatement of a license or registration under the provisions of Section 4887 of the code, the board shall evaluate evidence of rehabilitation submitted by the petitioner considering those criteria specified in subsection (c) of this section.Cal. Code Regs. Tit. 16, § 2041
1. Repealer and new section filed 7-10-75; effective thirtieth day thereafter (Register 75, No. 28).
2. Amendment filed 2-17-77; effective thirtieth day thereafter (Register 77, No. 8).
3. Amendment filed 10-12-83; effective thirtieth day thereafter (Register 83, No. 42).
4. Amendment of section and NOTE filed 11-19-2020; operative 11-19-2020 (Register 2020, No. 47). 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-66-20. Note: Authority cited: Sections 481, 482 and 4808, Business and Professions Code. Reference: Sections 141, 475, 480, 481, 482, 488, 490, 493, 4836.2, 4837, 4842, 4845.5, 4883 and 4887, Business and Professions Code.
1. Repealer and new section filed 7-10-75; effective thirtieth day thereafter (Register 75, No. 28).
2. Amendment filed 2-17-77; effective thirtieth day thereafter (Register 77, No. 8).
3. Amendment filed 10-12-83; effective thirtieth day thereafter (Register 83, No. 42).
4. Amendment of section and Note filed 11-19-2020; operative 11/19/2020 (Register 2020, No. 47). 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-66-20.