California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 29 - Board for Geologists and Geophysicists
Article 5 - Denial, Suspension and Revocation of Registration
Section 3061 - Criteria for Rehabilitation
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) When considering the denial of an application for certification as a geologist-in-training or licensure as a professional geologist, a specialty geologist, a professional geophysicist, or a specialty geophysicist under Section 480 or Section 7863 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:
(b) When considering the denial of an application for certification as a geologist-in-training or licensure as a professional geologist, specialty geologist, professional geophysicist, or specialty geophysicist under Section 480 or Section 7863 of the Code if the Board determines that the applicant has not completed the criminal sentence at issue without a violation of parole or probation or did not make the showing of rehabilitation based on the criteria in subdivision (a) if the denial is based on the ground that the applicant has been convicted of a crime, or, if the denial is based on the ground that the applicant has been subject to formal discipline by another licensing board for professional misconduct, then the Board shall consider whether the applicant made a showing of rehabilitation by applying the following criteria in evaluating the applicant's rehabilitation:
(c) When considering the suspension or revocation of the certification of a geologist-in-training or the license of a professional geologist, a specialty geologist, a professional geophysicist, or a specialty geophysicist under Section 490, subdivision (b)(1) of Section 7860, subdivision (a) of Section 7860.1, or Section 7863 of the Code on the ground that the license holder has been convicted of a crime, the Board shall consider whether the license holder made a showing of rehabilitation if the license holder completed the criminal sentence at issue without a violation of parole or probation. In making this determination, the Board shall consider the following criteria:
(d) When considering the suspension or revocation of the certification of a geologist-in-training or the license of a professional geologist, a specialty geologist, a professional geophysicist, or a specialty geophysicist under Section 490, subdivision (b)(1) of Section 7860, subdivision (a) of Section 7860.1, or Section 7863 of the Code on the ground that the license holder has been convicted of a crime, if the Board determines that the license holder has not completed the criminal sentence at issue without a violation of parole or probation or did not make the showing of rehabilitation based on the criteria in subdivision (c), then the Board shall consider whether the license holder made a showing of rehabilitation by applying the following criteria in evaluating the license holder's rehabilitation:
(e) When considering a petition of reinstatement of the certification as a geologist-in-training, specialty geologist, or specialty geophysicist or the license of a professional geologist or professional geophysicist, the Board shall evaluate evidence of rehabilitation submitted by the petitioner, including, but not limited to, the following:
(f) As used in this section, "license" means certification as a geologist-in-training or licensure as a professional geologist, a specialty geologist, a professional geophysicist, or a specialty geophysicist.
1. New section
filed 6-13-75; effective thirtieth day thereafter (Register 75, No.
24).
2. Amendment of NOTE filed 6-27-83; effective thirtieth day
thereafter (Register 83, No. 27).
3. Change without regulatory
effect amending subsection (a) filed 6-30-98 pursuant to section
100, title 1, California Code of
Regulations (Register 98, No. 27).
4. Amendment filed 5-18-99;
operative 6-17-99 (Register 99, No. 21).
5. Amendment of section
heading, section and NOTE filed 6-16-2014; operative 10-1-2014 (Register 2014,
No. 25).
6. Amendment of section and NOTE filed 5-17-2021; operative
5-17-2021 pursuant to Government Code section
11343.4(b)(3)
(Register 2021, No. 21). 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 7818, Business and Professions Code. Reference: Sections 480, 481, 482, 488, 490, 493, 7860, 7860.1, 7862, 7863 and 7864, Business and Professions Code.