California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 38 - Department of Consumer Affairs › Chapter 4 - Unlawful Detainer Assistants › Article 1 - Review of Denial of Registration or Renewal of Registration › Section 3870 - Director's Review of Denial of Registration or Renewal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The director shall review the documents
				  submitted by the applicant under section
				  3860 and shall apply the criteria
				  stated in this section to determine whether to order that the applicant's
				  certificate of registration be granted or denied pursuant to subdivision (e) of
				  section
				  6406
				  of the Business and Professions Code.
(b) Where the county clerk has denied the
				  applicant registration or renewal of registration because the applicant is
				  currently disbarred or suspended from the practice of law as prohibited by
				  section
				  6402
				  of the Business and Professions Code, or because of a conviction, civil
				  judgment or revocation of registration as specified in subdivision (b) of
				  section 6406 of that Code, the director
				  shall review each disbarment, suspension, conviction, civil judgment and
				  revocation of registration disclosed in the application or cited in the county
				  clerk's notice of denial to determine whether any of these disqualifying
				  events, separately or in combination, is substantially related to the
				  qualifications, functions and duties of an unlawful detainer assistant. The
				  director shall make this determination by applying the criteria stated in
				  paragraphs (1) and (2).
(1) The director
				  shall consider a disqualifying event to be substantially related to the
				  qualifications, functions and duties of an unlawful detainer assistant if to a
				  substantial degree it evidences present or potential unfitness of the applicant
				  to perform the functions authorized by his or her registration in a manner
				  consistent with the public health, safety or welfare.
(2) The director also shall evaluate the
				  rehabilitation of the applicant and his or her present eligibility to be
				  registered. The director shall consider the following criteria in making this
				  evaluation:
(A) The nature and severity of the
				  disqualifying event;
(B) Evidence
				  of any act committed subsequent to the disqualifying event which also could be
				  considered as grounds for denial under section
				  480 or subdivision (b) of section
				  6406
				  of the Business and Professions Code;
(C) The time that has elapsed since the
				  disqualifying event occurred;
(D)
				  The extent to which the applicant has complied with any terms of parole,
				  probation, restitution, or any other sanctions lawfully imposed against the
				  applicant;
(E) If applicable,
				  evidence of expungement proceedings pursuant to section
				  1203.4 of the
				  Penal Code; and
(F) Evidence, if
				  any, of rehabilitation submitted by the applicant.
(3) The director's determination that a
				  disqualifying event is substantially related to the qualifications, functions
				  and duties of an unlawful detainer assistant shall constitute the director's
				  determination, for purposes of subdivision (e) of section
				  6406
				  of the Business and Professions Code, that the issuance of a certificate of
				  registration to the applicant is likely to expose consumers to a significant
				  risk of harm.