California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 13.5 - Registered Dispensing Opticians of the California State Board of Optometry
Article 7 - Enforcement
Section 1399.272 - Rehabilitation Criteria for Suspensions and Revocations
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) When considering the suspension or revocation of a registration on the grounds that the registrant has been convicted of a crime, the Board shall consider whether the registrant made a showing of rehabilitation if the registrant completed the criminal sentence at issue without a violation of parole or probation. In making this determination, the Board shall consider the following criteria:
(b) If the registrant has not completed the criminal sentence at issue without a violation of parole or probation, the Board determines that the registrant did not make the showing of rehabilitation based on the criteria in subdivision (a), 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 2555, 2555.1, 2559.3, or 2563 of the code, the Board shall apply the following criteria in evaluating the registrant's rehabilitation:
1. Amendment of section and NOTE filed 2-25-2021; operative 2-25-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 9). (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 2558, Business and Professions Code. Reference: Sections 141, 481, 482, 488, 490, 493, 2555, 2555.1, 2559.3 and 2563, Business and Professions Code.