California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 8 - Contractors' State License Board › Article 7 - Special Provisions › Section 869.9 - Criteria to Aid in Determining Earliest Date a Denied Applicant May Reapply for Licensure or Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				For an applicant who is denied licensure or registration pursuant to subsection
				(a) of Section
				480
				of the Business and Professions Code, the date of reapplication shall be set by
				the Registrar at not less than one (1) year nor more than five (5) years after
				the denial. When computing the date for reapplication, the time shall commence
				from the effective date of the decision if an appeal is made or from the
				service of the notice of denial under Section
				485(b) if a
				request for hearing is not made. The Registrar will consider the following
				criteria when setting the reapplication date of an individual who was denied a
				license or registration:
(1) For felony
				convictions listed in Section
				869(b)(1)(B) that
				are substantially related to the qualifications, functions, or duties of a
				licensee as defined in Section
				868, seven (7) years have passed
				from the time of release from incarceration or completion of probation if no
				incarceration was imposed, without the occurrence of additional
				substantially-related criminal activity, professional misconduct, act(s), or
				omission(s) that also could be grounds for denial.
(2) For felony convictions not listed in
				Section 869(b)(1)(B) that
				are substantially related to the qualifications, functions, or duties of a
				licensee as defined in Section
				868, five (5) years have passed
				from the time of the applicant's release from incarceration or completion of
				probation if no incarceration was imposed, without the occurrence of additional
				substantially-related criminal activity, professional misconduct, act(s), or
				omission(s) that also could be grounds for denial.
(3) For misdemeanor convictions that are
				substantially related to the qualifications, functions, or duties of a licensee
				or registrant as defined in Section
				868, three (3) years have passed
				from the time of release from incarceration or completion of probation if no
				incarceration was imposed, without the occurrence of additional
				substantially-related criminal activity, professional misconduct, act(s), or
				omission(s) that also could be grounds for denial.
(4) For professional misconduct that is
				substantially related to the qualifications, functions, or duties of a licensee
				or registrant as defined in Section
				868, or for other acts or
				omissions that are grounds for denial, three (3) years have passed from the
				time of commission of the professional misconduct, act(s), or omission(s),
				without the occurrence of substantially-related criminal activity, professional
				misconduct, act(s), or omission(s) that also could be grounds for
				denial.
(5) The nature and gravity
				of the crime(s), professional misconduct, act(s), or omission(s) that were the
				grounds for denial.
(6) Evidence of
				any crime(s), professional misconduct, act(s), or omission(s) committed
				subsequent to the crime(s), professional misconduct, act(s), or omission(s)
				that were the grounds for denial, which also could be considered as grounds for
				denial.
(7) The time that has
				elapsed since commission of the crime(s), professional misconduct, act(s), or
				omission(s) that were the grounds for denial.
(8) The extent to which the applicant has
				complied with any terms of parole, probation, restitution, or any other
				sanctions lawfully imposed against the applicant in connection with the
				crime(s), professional misconduct, act(s), or omission(s) that were the grounds
				for denial.
(9) Consistent work
				history subsequent to the release from incarceration, or the completion of
				probation if no incarceration was imposed, or subsequent to the date of
				commission of the crime(s), professional misconduct, act(s), or omission(s)
				that were the grounds for denial.
(10) Documents or testimony from credible
				individuals who have personal knowledge of the applicant's life and activities
				subsequent to the date of commission of the crime(s), professional misconduct,
				act(s), or omission(s) that were the grounds for denial and who can attest to
				the applicant's present fitness for licensure or registration.
(11) Other relevant evidence, if any, of
				eligibility for reapplication submitted by the applicant. 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 or diversion program if
				the crime(s), professional misconduct, act(s), or omission(s) that were the
				grounds for denial related to or involved drug and/or alcohol use; or evidence
				of completion of an anger management program if the crime(s), professional
				misconduct, act(s), or omission(s) demonstrated the applicant's inability to
				control one's temper.