§ 13660.1. Character, Competency and Responsibility.

(a) In determining whether an applicant possesses satisfactory character, competency and responsibility, the Labor Commissioner shall consider all information submitted in connection with the application or otherwise obtained by the Labor Commissioner during the review of an application. Information regarding past conduct, including criminal history, substantially related to working conditions shall be examined to determine an applicant's character, competency, and responsibility. Conduct or conviction of a crime is substantially related to working conditions if it evidences present or potential unfitness of an applicant to perform the functions authorized by the license in a manner consistent with the requirements of the Labor Code. The conduct or convictions considered substantially related to working conditions shall include, but not be limited to, the following:

(1) Any final determination regarding a violation of a provision of the Labor Code or Title 8 of the California Code of Regulations;

(2) Crimes or acts involving dishonesty, fraud, deceit, or theft with the intent to substantially benefit oneself or another or to substantially harm another;

(3) Crimes involving physical violence against persons within the last 7 years; or

(4) Crimes or other acts that indicate a substantial or repeated disregard for the wages, health, safety, or welfare of employees. “Other acts” include but are not limited to, actions or conduct involving violations of law determined to be willful, repeated, or serious within the meaning of the applicable statutory scheme and shall constitute a “substantial or repeated disregard” for purposes of this section.

(b) When considering whether an applicant who falls within subdivision (a) has the character, competency and responsibility to be licensed as a farm labor contractor, the Labor Commissioner shall consider whether the applicant has been rehabilitated. When considering whether the applicant has been rehabilitated, the Labor Commissioner will consider the following criteria:

(1) For a felony conviction that is substantially related to the qualifications, functions, or duties of a licensee, seven (7) years have passed from the time of release from incarceration or completion of probation without the occurrence of additional criminal activity.

(2) For misdemeanor convictions that are substantially related to the qualifications, functions, or duties of a licensee, three (3) years have passed from the time of release from incarceration or completion of probation without the occurrence of additional criminal activity.

(3) For other act(s) that are substantially related to the qualifications, functions, or duties of a licensee, three (3) years have passed from the time of commission of the act(s), without the occurrence of additional act(s) substantially related to the qualifications, functions, or duties of a licensee.

(4) The amount of time needed to demonstrate rehabilitation under this subdivision may be increased or decreased by taking into account the following:

(A) The nature and severity of the crime(s) or act(s) that are under consideration;

(B) Evidence of any crime(s) or act(s) committed subsequent to the crime(s) or act(s) that are under consideration as, or that were, the grounds for denial, suspension, or revocation, which also could be considered as grounds for denial, suspension, or revocation.

(C) Evidence that applicant has successfully completed the period of parole or probation and complied with its restitution terms and all other sanctions lawfully imposed against the applicant.

(D) Consistent work history subsequent to the release from incarceration, or the completion of probation if no incarceration was imposed, subsequent to the time of commission of the act(s).

(E) Documents or testimony from credible individuals who have personal knowledge of the applicant's life and activities subsequent to the time of commission of the crime(s) or act(s) who can attest to the applicant's or licensee's present fitness for licensure.

(F) Other relevant evidence, if any, of rehabilitation submitted by the applicant or licensee. 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 program if the crime(s) or act(s) related to or involved drug and/or alcohol use; or evidence of completion of an anger management program if the crime(s) or act(s) demonstrated the applicant's or licensee's inability to control one's temper.

(c) No farm labor contractor license shall be issued to any applicant who has an unsatisfied final judgment of a court or a final decision of an administrative agency that would be covered by the surety bond deposited by the farm labor contractor pursuant to Labor Code sections 273(c) or 1684(a)(3).

HISTORY

1. New section filed 5-30-2014; operative 7-1-2014 (Register 2014, No. 22).

Note

Note: Authority cited: Section 1699, Labor Code. Reference: Sections 273, 1684 and 1699, Labor Code.