California Code of Regulations › Title 10 - Investment › Chapter 6.5 - Bureau of Real Estate Appraisers › Article 12 - Discipline › Section 3723 - Criteria of Rehabilitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Denial of License
(1) When the Bureau is considering denying a
				license under Section
				480
				of the Business and Professions Code on the ground that the applicant has been
				convicted of a crime, the Bureau shall consider whether the applicant made a
				showing of rehabilitation, if the applicant has completed the criminal sentence
				at issue without a violation of parole or probation. In making this
				determination, the Bureau shall consider the following criteria:
(A) The nature and gravity of the
				crime(s);
(B) The length(s) of the
				applicable parole or probation period(s);
(C) The extent to which the applicable parole
				or probation period was shortened or lengthened, and the reason(s) the period
				was modified;
(D) The terms or
				conditions of parole or probation and the extent to which they bear on the
				applicant's rehabilitation;
(E) The
				extent to which the terms or conditions of parole or probation were modified,
				and the reason(s) for modification;
(F) The effect of the passage of time since
				the most recent conviction or offense;
(G) Restitution to any person who has
				suffered monetary losses through "substantially related" acts or omissions of
				the applicant;
(H) Judicial relief
				from the consequences of criminal convictions resulting from immoral or
				antisocial acts including, but not limited to, Release from Probation (PC
				1203.4),
				Certificate of Rehabilitation (PC 4852.01), finding of factual innocence (PC
				841.8, 851.85), Diversion (completed), or other comparable orders of a court,
				including federal courts;
(I)
				Successful completion or early discharge from probation or parole;
(J) Abstinence from the use of controlled
				substances or alcohol for not less than two years if the crime or offense is
				attributable in part to the use of controlled substances or alcohol;
(K) Payment of any fine or other monetary
				penalty imposed in connection with a criminal conviction or quasi-criminal
				judgment;
(L) Stability of family
				life and fulfillment of parental and familial responsibilities subsequent to
				the conviction or offense;
(M)
				Completion of, or sustained enrollment in, formal education or vocational
				training courses for economic self-improvement;
(N) Discharge of, or bona fide efforts toward
				discharging, adjudicated debts or monetary obligations to others;
(O) Correction of business practices
				resulting in injury to others or with the potential to cause such
				injury;
(P) Significant or
				conscientious involvement in community, church or privately-sponsored programs
				designed to provide social benefits or to ameliorate social problems;
(Q) New and different social and business
				relationships from those which existed at the time of the crime or offense;
				and
(R) Change in attitude from
				that which existed at the time of the crime or offense as evidenced by any or
				all of the following:
(i) Testimony of
				applicant or licensed appraiser;
(ii) Evidence from family members, friends or
				other persons familiar with applicant's previous conduct and with his or her
				subsequent attitudes and behavioral patterns;
(iii) Evidence from probation or parole
				officers or law enforcement officials competent to testify as to applicant's
				social adjustments; or
(iv)
				Evidence from psychiatrists or other persons competent to testify with regard
				to psychiatric or emotional disturbances.