Cal. BPC § 2962 — California Code / Code bpc / Division 2 / Chapter 6.6 / Article 4 / Section 2962
Section 2962
Status: in_force

(a) A person whose license or registration has been revoked, suspended, or surrendered, or who has been placed on probation, may petition the board for reinstatement or modification of the penalty, including modification or termination of probation. The petition shall be on a form provided by the board and shall state any facts or information as may be required by the board, including, but not limited to, proof of compliance with the terms and conditions of the underlying disciplinary order.

(b) The petitioner may file the petition on or after the expiration of the following timeframes, each of which commences on the effective date of the decision ordering that disciplinary action, or from the date the disciplinary action is actually implemented in its entirety if the order, or any portion of it, is stayed by the board or by the superior court:

(1) Three years for reinstatement of a license or registration revoked or surrendered.

(2) Two years for early termination of probation of three years or more.

(3) Two years for modification of a condition of probation.

(4) One year for early termination of probation of less than three years.

(c) Notwithstanding Section 489, a person whose application for a license or registration has been denied by the board, for violations of Division 1.5 (commencing with Section 475) of this chapter, may reapply to the board for a license or registration only after a period of three years has elapsed from the date of the denial.

(d) The petitioner shall at all times have the burden of production of proof to establish by clear and convincing evidence that they are entitled to the relief sought in the petition.

(e) The board, when it is hearing the petition, or an administrative law judge sitting for the board, may consider all factors presented, including, but not limited to, the following:

(1) The offense for which the petitioner was disciplined.

(2) The petitioner’s activities during the time their license or registration was in good standing.

(3) The petitioner’s activities since the disciplinary action was taken.

(4) The petitioner’s rehabilitative efforts, general reputation for truth, and professional ability.

(f) The board may, without a hearing, deny a petition for early termination of probation or modification of penalty for any of the following reasons:

(1) The petitioner has failed to comply with the terms and conditions of the disciplinary order.

(2) The board is conducting an investigation of the petitioner while they are on probation.

(3) The petitioner has a subsequent arrest that is substantially related to the qualifications, functions, or duties of the licensee and this arrest occurred while on probation.

(4) The petitioner’s probation with the board is currently tolled.

(g) For reinstatements, the board may require that the petitioner execute a form authorizing release to the board, or its designee, of all information concerning the petitioner’s current physical and mental condition. Information provided to the board pursuant to the release shall be confidential and shall not be subject to discovery or subpoena in any other proceeding, and shall not be admissible in any action, other than before the board, to determine the petitioner’s fitness to practice as required by Section 822.

(h) If the board issues an order to reinstate a license or registration, the petitioner shall comply with all of the following:

(1) Fingerprint submission requirements published by the board.

(2) Provisions set forth in Section 2985.

(3) All terms and conditions as specified by the order.