§ 3178. Criteria for Rehabilitation.

(a) The Board shall evaluate the rehabilitation of the applicant, licensee, or petitioner and his or her present eligibility for a license:

(1) When considering the denial of a license under the provisions of Section 480 of the Code:

(2) When considering the suspension or revocation of a license on the grounds that a licensed Nursing Home Administrator has been convicted of a crime;

(3) When considering a petition for reinstatement of a license under the provisions of Section 11522 of the Government Code.

(b) In evaluating the rehabilitation of the applicant, licensee, or petitioner, the Board shall consider the following criteria:

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

(2) Evidence of any act(s) committed subsequent to the act(s) or crimes under consideration as grounds for denial which also could be considered as grounds for denial under Section 480 of the Code when considering an applicant pursuant to subsection (a)(1) of this section.

(3) Total criminal record when considering a person pursuant to subsections (a)(2) and (a)(3) of this section.

(4) The time that has elapsed since commission of the act(s) or crime(s) under consideration.

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

(6) Evidence, if any, of rehabilitation submitted by the applicant, licensee, or petitioner. Such evidence may include, but is not limited to, proof of additional training or education, evidence of service to the community, and, if applicable, evidence of expungement proceedings, pursuant to Section 1203.4 of the Penal Code.

HISTORY

1. Renumbering and amendment of Section 3119 to Section 3178 filed 9-8-81; designated effective 1-1-82 (Register 81, No. 37).

2. Amendment of NOTE filed 8-29-85; effective thirtieth day thereafter (Register 85, No. 35).

Note

Note: Authority cited: Section 3917, Business and Professions Code. Reference: Section 482, Business and Professions Code.