Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) In determining whether an applicant
possesses satisfactory character, competency and responsibility, the Labor
Commissioner shall consider all information submitted in connection with the
application or otherwise obtained by the Labor Commissioner during the review
of an application. Information regarding past conduct, including criminal
history, substantially related to soliciting or recruiting activities, as
defined in section
13850, shall be examined to
determine an applicant's character, competency, and responsibility. Conduct or
conviction of a crime is substantially related to soliciting or recruiting
activities if it evidences present or potential unfitness of an applicant to
perform the functions authorized by the registration in a manner consistent
with the requirements of the Business and Professions Code. The conduct or
convictions considered substantially related to soliciting or recruiting shall
include, but not be limited to, the following:
(1) Any final determination regarding a
violation of a provision of the Business and Professions Code or applicable
regulations regulating any occupation which requires a permit, registration, or
license;
(2) Any criminal or civil
violations of the federal Trafficking Victims Protection Act of 2000, farm
labor contractor laws under Labor Code sections
1682 through
1699, and Penal
Code section
236.1;
(3) Any crimes or acts involving dishonesty,
fraud, deceit, or theft with the intent to substantially benefit oneself or
another or to substantially harm another;
(4) Any crimes or acts involving physical
violence or threats of physical violence, against persons; physical or
psychological force, coercion, trickery, or seizure of a person's
documents.
(b) When
considering whether an applicant who falls within subdivision (a) has the
character, competency and responsibility to be licensed as a foreign labor
contractor, the Labor Commissioner shall consider whether the applicant has
been rehabilitated. When considering whether the applicant has been
rehabilitated, the Labor Commissioner will consider the following criteria:
(1) For a felony conviction that is
substantially related to the qualifications, functions, or duties of a
licensee, seven (7) years have passed from the time of release from
incarceration or completion of probation without the occurrence of additional
criminal activity.
(2) For
misdemeanor convictions that are substantially related to the qualifications,
functions, or duties of a licensee, three (3) years have passed from the time
of release from incarceration or completion of probation without the occurrence
of additional criminal activity.
(3) For other act(s) that are substantially
related to the qualifications, functions, or duties of a licensee, three (3)
years have passed from the time of commission of the act(s), without the
occurrence of additional act(s) substantially related to the qualifications,
functions, or duties of a registrant.
(4) The amount of time needed to demonstrate
rehabilitation under this subdivision may be increased or decreased by taking
into account the following:
(A) The nature and
severity of the crime(s) or act(s) that are under consideration;
(B) Evidence of any crime(s) or act(s)
committed subsequent to the crime(s) or act(s) that are under consideration as,
or that were, the grounds for denial, suspension, or revocation, which also
could be considered as grounds for denial, suspension, or revocation.
(C) Evidence that the applicant has
successfully completed the period of parole or probation and complied with its
restitution terms and all other sanctions lawfully imposed against the
applicant.
(D) Consistent work
history subsequent to the release from incarceration, or the completion of
probation if no incarceration was imposed, subsequent to the time of commission
of the act(s).
(E) Documents or
testimony from credible individuals who have personal knowledge of the
applicant's life and activities subsequent to the time of commission of the
crime(s) or act(s) who can attest to the applicant's or registrant's present
fitness for registration.
(F) Other
relevant evidence, if any, of rehabilitation submitted by the applicant or
licensee. For example, relevant evidence may include evidence of recovery from
drug and/or alcohol addiction or abuse or completion of a drug and/or alcohol
aversion program if the crime(s) or act(s) related to or involved drug and/or
alcohol use; or evidence of completion of an anger management program if the
crime(s) or act(s) demonstrated the applicant's or registrant's inability to
control one's temper.
1. New
section filed 10-8-2018; operative 1-1-2019 (Register 2018, No.
41).
Note: Authority cited: Section
9998.11,
Business and Professions Code. Reference: Sections 9998.1.5 and 9998.11,
Business and Professions Code.
