California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 5 - Board for Professional Engineers and Land Surveyors
Article 1 - General Provisions
Section 418 - 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 an engineer-in-training or a land surveyor-in-training, for licensure as a professional engineer or a professional land surveyor, or for authority to use the title "structural engineer" or "geotechnical engineer" under Section 480, Section 6779, or Section 8783 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 an engineer-in-training or a land surveyor-in-training, for licensure as a professional engineer or a professional land surveyor, or for authority to use the title "structural engineer" or "geotechnical engineer" under Section 480, Section 6779, or Section 8783 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 an engineer-in-training or a land surveyor-in-training, the license of a professional engineer or a professional land surveyor, or the authority to use the title "structural engineer" or "geotechnical engineer" under Section 490, subdivision (a) of Section 6775, subdivision (a) of Section 6775.1, Section 6779, subdivision (e) of Section 8780, subdivision (a) of Section 8780.1, or Section 8783 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 an engineer-in-training or a land surveyor-in-training, the license of a professional engineer or a professional land surveyor, or the authority to use the title "structural engineer" or "geotechnical engineer" under Section 490, subdivision (a) of Section 6775, subdivision (a) of Section 6775.1, Section 6779, subdivision (e) of Section 8780, subdivision (a) of Section 8780.1, or Section 8783 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 for reinstatement of the certification of an engineer-in-training or a land surveyor-in-training, the license of a professional engineer or a professional land surveyor, or the authority to use the title "structural engineer" or "geotechnical engineer," 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 an engineer-in-training or a land surveyor-in-training, licensure as a professional engineer, licensure as a professional land surveyor, authority to use the title "structural engineer," or authority to use the title "geotechnical engineer."
1. New section
filed 5-29-75; effective thirtieth day thereafter (Register 75, No.
22).
2. New subsection (b)(7) filed 2-10-76; effective thirtieth day
thereafter (Register 76, No. 7).
3. Amendment filed 8-10-83;
effective thirtieth day thereafter (Register 83, No. 33).
4. Change
without regulatory effect amending subsection (a) filed 1-20-95 pursuant to
section 100, title 1, California Code of
Regulations (Register 95, No. 3).
5. Change without regulatory
effect amending section and NOTE filed 4-19-99 pursuant to section
100, title 1, California Code of
Regulations (Register 99, No. 17).
6. Amendment of section and NOTE
filed 7-26-2005; operative 8-25-2005 (Register 2005, No. 30).
7.
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, 6716 and 8710, Business and Professions Code. Reference: Sections 480, 481, 482, 488, 490, 493, 6775, 6775.1, 6777, 6779, 6780, 8780, 8780.1, 8783, 8784 and 8785, Business and Professions Code.