California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs
Article 6 - Enforcement
Section 1399.130.1 - Required Actions Against Registered Sex Offenders
Universal Citation: 16 CA Code of Regs 1399.130.1
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) Except as otherwise provided, if an individual is required to register as a sex offender pursuant to Section 290 of the Penal Code, or the equivalent in another state or territory, or military or federal law, the board shall:
(1) Deny an
application by the individual for licensure, in accordance with the procedures
set forth in Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
(2)
Promptly revoke the license of the individual, in accordance with the
procedures set forth in Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and shall not stay the revocation nor place the
license on probation.
(3) Deny any
petition to reinstate or reissue the individual's license.
(b) This section shall not apply to any of the following:
(1) An individual who has been
relieved under Section
290.5 of the
Penal Code of his or her duty to register as a sex offender, or whose duty to
register has otherwise been formally terminated under California law or the law
of the jurisdiction that required registration; provided, however, that nothing
in this paragraph shall prohibit the board from exercising its discretion to
deny or discipline a licensee under any other provision of state law.
(2) An individual who is required to register
as a sex offender pursuant to Section
290 of the
Penal Code solely because of a misdemeanor conviction under Section
314 of the
Penal Code; provided, however, that nothing in this paragraph shall prohibit
the board from exercising its discretion to deny a license or discipline a
licensee under any other provision of state law based upon the licensee's
conviction under section
314 of the
Penal Code.
(3) Any administrative
proceeding that is fully adjudicated prior to the effective date of this
regulation. A petition for reinstatement of a revoked or surrendered license
shall be considered a new proceeding for purposes of this paragraph, and the
prohibition in subsection (a) against reinstating a license shall
govern.
1. New section filed 3-14-2013; operative 7-1-2013 (Register 2013, No. 11).
Note: Authority cited: Section 2531.95, Business and Professions Code. Reference: Sections 475, 480, 2531.02 and 2533, Business and Professions Code.
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