§ 399. Procedure when License Denied or Revoked.

(a) Any applicant who has been denied an application for a license may not file a similar application until one year from the date of the last previous denial by the commission. Any application filed within the one year period may be denied without the necessity of a hearing.

(b) Any person who has had his or her license revoked may not petition for reinstatement or apply for a new license until one year after the date of such revocation. Any petition for reinstatement filed within the one year period may be denied without the necessity of a hearing.

(c) When considering the denial or reinstatement of a license, the commission, on a case by case basis, shall consider the following criteria in evaluating the rehabilitation of the applicant or petitioner and his or her present eligibility for a license:

(1) The nature and severity of the act(s) or crime(s) that led to license revocation or that are under consideration as grounds for denial.

(2) Evidence of any act(s) or crime(s) committed subsequent to the act(s) or crime(s) that led to revocation or that are under consideration as grounds for denial.

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

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

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

HISTORY

1. Change without regulatory effect of NOTE (Register 87, No. 5).

2. Amendment of section and Note filed 4-30-2012; operative 5-30-2012 (Register 2012, No. 18).

Note

Note: Authority cited: Section 18611, Business and Professions Code. Reference: Sections 482, 18640, 18641, 18642, 18840 and 18841, Business and Professions Code.