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 the individual's 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.
(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 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 October 1, 2015, the effective
date of this section. 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 6-2-2015; operative 10-1-2015 (Register 2015, No. 23).
2.
Change without regulatory effect amending section filed 4-22-2022 pursuant to
section 100, title 1, California Code of
Regulations (Register 2022, No. 16).
Note: Authority cited: Section
4933,
Business and Professions Code. Reference: Sections
480,
726,
4928.1,
4955,
4956
and
4960,
Business and Professions Code.
