Section 869.9 - Criteria to Aid in Determining Earliest Date a Denied Applicant May Reapply for Licensure or Registration(a) For an applicant who is denied licensure or registration pursuant to subsection (a) of Section 480 of the Business and Professions Code, the date of reapplication shall be set by the Registrar at not less than one (1) year nor more than five (5) years after the denial. When computing the date for reapplication, the time shall commence from the effective date of the decision if an appeal is made or from the service of the notice of denial under Section 485(b) if a request for hearing is not made. The Registrar will consider the following criteria when setting the reapplication date of an individual who was denied a license or registration:(1) For felony convictions listed in Section 869(b)(1)(B) that are substantially related to the qualifications, functions, or duties of a licensee as defined in Section 868, seven (7) years have passed from the time of release from incarceration or completion of probation if no incarceration was imposed, without the occurrence of additional substantially-related criminal activity, professional misconduct, act(s), or omission(s) that also could be grounds for denial.(2) For felony convictions not listed in Section 869(b)(1)(B) that are substantially related to the qualifications, functions, or duties of a licensee as defined in Section 868, five (5) years have passed from the time of the applicant's release from incarceration or completion of probation if no incarceration was imposed, without the occurrence of additional substantially-related criminal activity, professional misconduct, act(s), or omission(s) that also could be grounds for denial.(3) For misdemeanor convictions that are substantially related to the qualifications, functions, or duties of a licensee or registrant as defined in Section 868, three (3) years have passed from the time of release from incarceration or completion of probation if no incarceration was imposed, without the occurrence of additional substantially-related criminal activity, professional misconduct, act(s), or omission(s) that also could be grounds for denial.(4) For professional misconduct that is substantially related to the qualifications, functions, or duties of a licensee or registrant as defined in Section 868, or for other acts or omissions that are grounds for denial, three (3) years have passed from the time of commission of the professional misconduct, act(s), or omission(s), without the occurrence of substantially-related criminal activity, professional misconduct, act(s), or omission(s) that also could be grounds for denial.(5) The nature and gravity of the crime(s), professional misconduct, act(s), or omission(s) that were the grounds for denial.(6) Evidence of any crime(s), professional misconduct, act(s), or omission(s) committed subsequent to the crime(s), professional misconduct, act(s), or omission(s) that were the grounds for denial, which also could be considered as grounds for denial.(7) The time that has elapsed since commission of the crime(s), professional misconduct, act(s), or omission(s) that were the grounds for denial.(8) The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant in connection with the crime(s), professional misconduct, act(s), or omission(s) that were the grounds for denial.(9) Consistent work history subsequent to the release from incarceration, or the completion of probation if no incarceration was imposed, or subsequent to the date of commission of the crime(s), professional misconduct, act(s), or omission(s) that were the grounds for denial.(10) Documents or testimony from credible individuals who have personal knowledge of the applicant's life and activities subsequent to the date of commission of the crime(s), professional misconduct, act(s), or omission(s) that were the grounds for denial and who can attest to the applicant's present fitness for licensure or registration.(11) Other relevant evidence, if any, of eligibility for reapplication submitted by the applicant. For example, relevant evidence may include evidence of recovery from drug and/or alcohol addiction or abuse or completion of a drug and/or alcohol aversion or diversion program if the crime(s), professional misconduct, act(s), or omission(s) that were the grounds for denial related to or involved drug and/or alcohol use; or evidence of completion of an anger management program if the crime(s), professional misconduct, act(s), or omission(s) demonstrated the applicant's inability to control one's temper.(b) Nothing in this section shall preclude the Registrar from denying the license or registration of an applicant who was previously denied a license or registration and who is eligible for reapplication in accordance with this section.Cal. Code Regs. Tit. 16, § 869.9
1. New section filed 5-31-2006; operative 6-30-2006 (Register 2006, No. 22).
2. Amendment of section heading, section and NOTE filed 5-3-2021; operative 5-3-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 19). 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 7008, Business and Professions Code. Reference: Sections 480, 482, 485, 486, 496, 7066, 7069, 7073 and 7124, Business and Professions Code.
1. New section filed 5-31-2006; operative 6-30-2006 (Register 2006, No. 22).
2. Amendment of section heading, section and Note filed 5-3-2021; operative 5/3/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 19). 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.