§ 3061. Criteria for Determining Rehabilitation or Abilitation or Appropriate Discipline.

(a) When considering the denial of the registration of a geologist, specialty geologist, geophysicists or specialty geophysicists under Section 480 of the Code, the board, in evaluating the rehabilitation of the applicant and his or her present eligibility for registration, will consider the following criteria:

(1) The nature and severity of the act(s) or crime(s) under consideration as grounds for denial.

(2) Evidence of any act(s) committed subsequent to the act(s) or crime(s) under consideration as grounds for denial which also could be considered as grounds for denial under Section 480 of the Code.

(3) The time that has elapsed since commission of the act(s) or crime(s) referred to in subdivision (1) or (2).

(4) The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.

(5) Evidence, if any, of rehabilitation submitted by the applicant.

(b) When considering the suspension or revocation of the registration of a geologist, specialty geologist, geophysicist or specialty geophysicist on the grounds that the registrant has been convicted of a crime or violation of the Geologist and Geophysicist Act, the board or administrative law judge, in evaluating the appropriate level of discipline or rehabilitation of such person and his or her present eligibility for registration will consider the following criteria:

(1) Nature and severity of the act(s) or offense(s).

(2) Total criminal record.

(3) The time that has elapsed since commission of the act(s) or offense(s).

(4) Whether the licensee has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed against the licensee.

(5) If applicable, evidence of expungement proceedings pursuant to Section 1203.4 of the Penal Code.

(6) Evidence, if any, of rehabilitation submitted by the licensee.

(7) Actual or potential harm to the public, client, or employee.

(8) Prior disciplinary record.

(9) Number and/or variety of current violations.

(c) When considering a petition of reinstatement of the registration of a geologist, specialty geologist, geophysicist or specialty geophysicist, the board shall evaluate evidence of rehabilitation submitted by the petitioner, considering those criteria specified in subsection (b).

HISTORY

1. New section filed 6-13-75; effective thirtieth day thereafter (Register 75, No. 24).

2. Amendment of NOTE filed 6-27-83; effective thirtieth day thereafter (Register 83, No. 27).

3. Change without regulatory effect amending subsection (a) filed 6-30-98 pursuant to section 100, title 1, California Code of Regulations (Register 98, No. 27).

4. Amendment filed 5-18-99; operative 6-17-99 (Register 99, No. 21).

Note

Note: Authority cited: Section 7818, Business and Professions Code. Reference: Sections 482 and 7862, Business and Professions Code.