Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Board shall evaluate the
rehabilitation of the applicant, licensee, or petitioner and his or her present
eligibility for a license:
(1) When
considering the denial of a license under the provisions of Section 480 of the
Code:
(2) When considering the
suspension or revocation of a license on the grounds that a licensed Nursing
Home Administrator has been convicted of a crime;
(3) When considering a petition for
reinstatement of a license under the provisions of Section
11522 of
the Government Code.
(b)
In evaluating the rehabilitation of the applicant, licensee, or petitioner, the
Board shall consider the following criteria:
(1) The nature and severity of the act(s) or
crime(s) under consideration.
(2)
Evidence of any act(s) committed subsequent to the act(s) or crimes under
consideration as grounds for denial which also could be considered as grounds
for denial under Section 480 of the Code when considering an applicant pursuant
to subsection (a)(1) of this section.
(3) Total criminal record when considering a
person pursuant to subsections (a)(2) and (a)(3) of this section.
(4) The time that has elapsed since
commission of the act(s) or crime(s) under consideration.
(5) The extent to which the applicant,
licensee, or petitioner has complied with any terms of parole, probation,
restitution, or any other sanctions lawfully imposed against the applicant,
licensee, or petitioner.
(6)
Evidence, if any, of rehabilitation submitted by the applicant, licensee, or
petitioner. Such evidence may include, but is not limited to, proof of
additional training or education, evidence of service to the community, and, if
applicable, evidence of expungement proceedings, pursuant to Section
1203.4 of the
Penal Code.
1. Renumbering
and amendment of Section
3119 to Section 3178 filed 9-8-81;
designated effective 1-1-82 (Register 81, No. 37).
2. Amendment of
NOTE filed 8-29-85; effective thirtieth day thereafter (Register 85, No.
35).
Note: Authority cited: Section
3917,
Business and Professions Code. Reference: Section
482,
Business and Professions Code.
