Denial Of Licenses - - CA Business And Professions

Section § 480

This law explains when a licensing board can deny someone a professional license based on past criminal convictions or disciplinary actions. If a crime is relevant to the job and happened in the last seven years, a license could be denied, but serious or financial crimes have different rules. Certain past crimes, if dismissed or if you've shown you’ve changed, won't be used to deny you. You can’t be denied for just an arrest that didn’t lead to a conviction. Also, if you lie on your application, that could lead to denial. Applicants have the right to appeal decisions, and boards have to keep records of these processes and make certain info public, protecting applicants' privacy. Special rules apply to some boards, like those dealing with architects or funeral directors.

(a) Notwithstanding any other provision of this code, a board may deny a license regulated by this code on the grounds that the applicant has been convicted of a crime or has been subject to formal discipline only if either of the following conditions are met:

(1) The applicant has been convicted of a crime within the preceding seven years from the date of application that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, regardless of whether the applicant was incarcerated for that crime, or the applicant has been convicted of a crime that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made and for which the applicant is presently incarcerated or for which the applicant was released from incarceration within the preceding seven years from the date of application. However, the preceding seven-year limitation shall not apply in either of the following situations:

(A) The applicant was convicted of a serious felony, as defined in Section 1192.7 of the Penal Code or a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code.

(B) The applicant was convicted of a financial crime currently classified as a felony that is directly and adversely related to the fiduciary qualifications, functions, or duties of the business or profession for which the application is made, pursuant to regulations adopted by the board, and for which the applicant is seeking licensure under any of the following:

(i) Chapter 6 (commencing with Section 6500) of Division 3.

(ii) Chapter 9 (commencing with Section 7000) of Division 3.

(iii) Chapter 11.3 (commencing with Section 7512) of Division 3.

(iv) Licensure as a funeral director or cemetery manager under Chapter 12 (commencing with Section 7600) of Division 3.

(v) Division 4 (commencing with Section 10000).

(2) The applicant has been subjected to formal discipline by a licensing board in or outside California within the preceding seven years from the date of application based on professional misconduct that would have been cause for discipline before the board for which the present application is made and that is substantially related to the qualifications, functions, or duties of the business or profession for which the present application is made. However, prior disciplinary action by a licensing board within the preceding seven years shall not be the basis for denial of a license if the basis for that disciplinary action was a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.425 of the Penal Code or a comparable dismissal or expungement. Formal discipline that occurred earlier than seven years preceding the date of application may be grounds for denial of a license only if the formal discipline was for conduct that, if committed in this state by a physician and surgeon licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2, would have constituted an act of sexual abuse, misconduct, or relations with a patient pursuant to Section 726 or sexual exploitation as defined in subdivision (a) of Section 729.

(b) Notwithstanding any other provision of this code, a person shall not be denied a license on the basis that the person has been convicted of a crime, or on the basis of acts underlying a conviction for a crime, if that person has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code, has been granted clemency or a pardon by a state or federal executive, or has made a showing of rehabilitation pursuant to Section 482.

(c) Notwithstanding any other provision of this code, a person shall not be denied a license on the basis of any conviction, or on the basis of the acts underlying the conviction, that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, or 1203.425 of the Penal Code, or a comparable dismissal or expungement. An applicant who has a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.42 of the Penal Code shall provide proof of the dismissal if it is not reflected on the report furnished by the Department of Justice.

(d) Notwithstanding any other provision of this code, a board shall not deny a license on the basis of an arrest that resulted in a disposition other than a conviction, including an arrest that resulted in an infraction, citation, or a juvenile adjudication.

(e) A board may deny a license regulated by this code on the ground that the applicant knowingly made a false statement of fact that is required to be revealed in the application for the license. A board shall not deny a license based solely on an applicant’s failure to disclose a fact that would not have been cause for denial of the license had it been disclosed.

(f) A board shall follow the following procedures in requesting or acting on an applicant’s criminal history information:

(1) A board issuing a license pursuant to Chapter 3 (commencing with Section 5500), Chapter 3.5 (commencing with Section 5615), Chapter 10 (commencing with Section 7301), Chapter 20 (commencing with Section 9800), or Chapter 20.3 (commencing with Section 9880), of Division 3, or Chapter 3 (commencing with Section 19000) or Chapter 3.1 (commencing with Section 19225) of Division 8 may require applicants for licensure under those chapters to disclose criminal conviction history on an application for licensure.

(2) Except as provided in paragraph (1), a board shall not require an applicant for licensure to disclose any information or documentation regarding the applicant’s criminal history. However, a board may request mitigating information from an applicant regarding the applicant’s criminal history for purposes of determining substantial relation or demonstrating evidence of rehabilitation, provided that the applicant is informed that disclosure is voluntary and that the applicant’s decision not to disclose any information shall not be a factor in a board’s decision to grant or deny an application for licensure.

(3) If a board decides to deny an application for licensure based solely or in part on the applicant’s conviction history, the board shall notify the applicant in writing of all of the following:

(A) The denial or disqualification of licensure.

(B) Any existing procedure the board has for the applicant to challenge the decision or to request reconsideration.

(C) That the applicant has the right to appeal the board’s decision.

(D) The processes for the applicant to request a copy of the applicant’s complete conviction history and question the accuracy or completeness of the record pursuant to Sections 11122 to 11127 of the Penal Code.

(g)

(1) For a minimum of three years, each board under this code shall retain application forms and other documents submitted by an applicant, any notice provided to an applicant, all other communications received from and provided to an applicant, and criminal history reports of an applicant.

(2) Each board under this code shall retain the number of applications received for each license and the number of applications requiring inquiries regarding criminal history. In addition, each licensing authority shall retain all of the following information:

(A) The number of applicants with a criminal record who received notice of denial or disqualification of licensure.

(B) The number of applicants with a criminal record who provided evidence of mitigation or rehabilitation.

(C) The number of applicants with a criminal record who appealed any denial or disqualification of licensure.

(D) The final disposition and demographic information, consisting of voluntarily provided information on race or gender, of any applicant described in subparagraph (A), (B), or (C).

(3)

(A) Each board under this code shall annually make available to the public through the board’s internet website and through a report submitted to the appropriate policy committees of the Legislature deidentified information collected pursuant to this subdivision. Each board shall ensure confidentiality of the individual applicants.

(B) A report pursuant to subparagraph (A) shall be submitted in compliance with Section 9795 of the Government Code.

(h) “Conviction” as used in this section shall have the same meaning as defined in Section 7.5.

(i) This section does not in any way modify or otherwise affect the existing authority of the following entities in regard to licensure:

(1) The State Athletic Commission.

(2) The Bureau for Private Postsecondary Education.

(3) The California Horse Racing Board.

license denial criminal conviction serious felony financial crime license application disciplinary action application appeal certificate of rehabilitation clemency pardon evidence of rehabilitation dismissed conviction arrest without conviction false statement criminal history disclosure record retention

(Amended by Stats. 2022, Ch. 453, Sec. 1. (AB 1636) Effective January 1, 2023.)

Section § 480.2

This law explains when the Bureau for Private Postsecondary Education, the State Athletic Commission, and the California Horse Racing Board can deny a license. They can deny if someone has a criminal conviction, committed dishonesty or fraud, or lied on their application, provided that these issues are relevant to the job. However, they must not deny a license just because of a dismissed offense or if someone has been rehabilitated after a felony or misdemeanor. The agencies must have criteria to determine if a crime or act affects the job, and they have to consider all proof of rehabilitation. Also, if there's a hearing, they can grant, revoke, or deny a license based on their discretion, considering the full circumstances of any criminal conviction.

(a) The Bureau for Private Postsecondary Education, the State Athletic Commission, and the California Horse Racing Board may deny a license regulated by it on the grounds that the applicant has one of the following:

(1) Been convicted of a crime.

(2) Done any act involving dishonesty, fraud, or deceit with the intent to substantially benefit themselves or another, or substantially injure another.

(3)

(A) Done any act that if done by a licentiate of the business or profession in question, would be grounds for suspension or revocation of license.

(B) The Bureau for Private Postsecondary Education, the State Athletic Commission, and the California Horse Racing Board may deny a license pursuant to this subdivision only if the crime or act is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made.

(b) Notwithstanding any other provision of this code, a person shall not be denied a license solely on the basis that the person has been convicted of a felony if that person has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code or that the person has been convicted of a misdemeanor if the person has met all applicable requirements of the criteria of rehabilitation developed by the Bureau for Private Postsecondary Education, the State Athletic Commission, and the California Horse Racing Board to evaluate the rehabilitation of a person when considering the denial of a license under paragraph (1) of subdivision (f).

(c) Notwithstanding any other provisions of this code, a person shall not be denied a license by the Bureau for Private Postsecondary Education, the State Athletic Commission, or the California Horse Racing Board solely on the basis of a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, 1203.41, or 1203.425 of the Penal Code. An applicant who has a conviction that has been dismissed pursuant to Section 1203.4, 1203.4a, or 1203.41 of the Penal Code shall provide proof of the dismissal.

(d) The Bureau for Private Postsecondary Education, the State Athletic Commission, and the California Horse Racing Board may deny a license regulated by it on the ground that the applicant knowingly made a false statement of fact that is required to be revealed in the application for the license.

(e) The Bureau for Private Postsecondary Education, the State Athletic Commission, and the California Horse Racing Board shall develop criteria to aid it, when considering the denial, suspension, or revocation of a license, to determine whether a crime or act is substantially related to the qualifications, functions, or duties of the business or profession it regulates.

(f)

(1) The Bureau for Private Postsecondary Education, the State Athletic Commission, and the California Horse Racing Board shall develop criteria to evaluate the rehabilitation of a person either when:

(A) Considering the denial of a license under this section.

(B) Considering suspension or revocation of a license under Section 490.

(2) The Bureau for Private Postsecondary Education, the State Athletic Commission, and the California Horse Racing Board shall take into account all competent evidence of rehabilitation furnished by the applicant or licensee.

(g) Except as otherwise provided by law, following a hearing requested by an applicant pursuant to subdivision (b) of Section 485, the Bureau for Private Postsecondary Education, the State Athletic Commission, and the California Horse Racing Board may take any of the following actions:

(1) Grant the license effective upon completion of all licensing requirements by the applicant.

(2) Grant the license effective upon completion of all licensing requirements by the applicant, immediately revoke the license, stay the revocation, and impose probationary conditions on the license, which may include suspension.

(3) Deny the license.

(4) Take other action in relation to denying or granting the license as the Bureau for Private Postsecondary Education, the State Athletic Commission, or the California Horse Racing Board, in its discretion, may deem proper.

(h) Notwithstanding any other law, in a proceeding conducted by the Bureau for Private Postsecondary Education, the State Athletic Commission, or the California Horse Racing Board to deny an application for a license or to suspend or revoke a license or otherwise take disciplinary action against a person who holds a license, upon the ground that the applicant or the licensee has been convicted of a crime substantially related to the qualifications, functions, and duties of the licensee in question, the record of conviction of the crime shall be conclusive evidence of the fact that the conviction occurred, but only of that fact, and the Bureau for Private Postsecondary Education, the State Athletic Commission, and the California Horse Racing Board may inquire into the circumstances surrounding the commission of the crime in order to fix the degree of discipline or to determine if the conviction is substantially related to the qualifications, functions, and duties of the licensee in question.

(i) Notwithstanding Section 7.5, a conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the Bureau for Private Postsecondary Education, the State Athletic Commission, or the California Horse Racing Board is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4, 1203.4a, 1203.41, or 1203.425 of the Penal Code.

(j) This section shall become operative on July 1, 2020.

license denial criminal conviction fraud rehabilitation false statement dismissed offense substantial relation criteria development postsecondary education athletic commission horse racing board revocation probationary conditions plea of nolo contendere operative on July 1 2020

(Amended by Stats. 2019, Ch. 578, Sec. 3. (AB 1076) Effective January 1, 2020.)

Section § 480.5

If you've finished all the steps to get a professional license while in prison and you apply for that license once you're released, your application shouldn't be delayed or denied just because you did some or all of the licensing requirements while incarcerated. However, this rule doesn't cover requests to reinstate a license you've lost or any decisions made based on other rules. Also, this doesn't apply to licenses related to a specific initiative act mentioned elsewhere.

(a) An individual who has satisfied any of the requirements needed to obtain a license regulated under this division while incarcerated, who applies for that license upon release from incarceration, and who is otherwise eligible for the license shall not be subject to a delay in processing his or her application or a denial of the license solely on the basis that some or all of the licensure requirements were completed while the individual was incarcerated.

(b) Nothing in this section shall be construed to apply to a petition for reinstatement of a license or to limit the ability of a board to deny a license pursuant to Section 480.

(c) This section shall not apply to the licensure of individuals under the initiative act referred to in Chapter 2 (commencing with Section 1000) of Division 2.

license application incarceration professional license license requirements processing delay license denial petition for reinstatement eligibility initiative act Division 2 Section 480 board authority license completion prison release licensure process

(Added by Stats. 2014, Ch. 410, Sec. 1. (AB 1702) Effective January 1, 2015.)

Section § 481

Each professional board in California must create guidelines to decide if a crime is relevant to someone's ability to do their job or get a license. To determine this, they will consider the severity of the offense, how long ago it happened, and how it relates to the specific job. Boards can't deny a license just because of a conviction without looking at any rehabilitation efforts the person presents. They must also post these guidelines online. Certain organizations like the State Athletic Commission and others are not affected by this rule. This rule started on July 1, 2020.

(a) Each board under this code shall develop criteria to aid it, when considering the denial, suspension, or revocation of a license, to determine whether a crime is substantially related to the qualifications, functions, or duties of the business or profession it regulates.

(b) Criteria for determining whether a crime is substantially related to the qualifications, functions, or duties of the business or profession a board regulates shall include all of the following:

(1) The nature and gravity of the offense.

(2) The number of years elapsed since the date of the offense.

(3) The nature and duties of the profession in which the applicant seeks licensure or in which the licensee is licensed.

(c) A board shall not deny a license based in whole or in part on a conviction without considering evidence of rehabilitation submitted by an applicant pursuant to any process established in the practice act or regulations of the particular board and as directed by Section 482.

(d) Each board shall post on its Internet Web site a summary of the criteria used to consider whether a crime is considered to be substantially related to the qualifications, functions, or duties of the business or profession it regulates consistent with this section.

(e) This section does not in any way modify or otherwise affect the existing authority of the following entities in regard to licensure:

(1) The State Athletic Commission.

(2) The Bureau for Private Postsecondary Education.

(3) The California Horse Racing Board.

(f) This section shall become operative on July 1, 2020.

crime relevance licensure criteria rehabilitation evidence license denial offense severity time elapsed since offense professional duties board guidelines internet posting regulatory boards substantial relationship State Athletic Commission Bureau for Private Postsecondary Education California Horse Racing Board effective date July 2020

(Repealed and added by Stats. 2018, Ch. 995, Sec. 7. (AB 2138) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)

Section § 482

This section of the Business and Professions Code requires that each licensing board create criteria for assessing whether a person has been rehabilitated, which is crucial when considering denying, suspending, or revoking a license due to past criminal convictions. The boards should evaluate rehabilitation if the individual has completed their sentence without parole or probation violations, or if the board deems them rehabilitated according to its criteria. This law doesn't change the powers of the State Athletic Commission, Bureau for Private Postsecondary Education, or the California Horse Racing Board regarding licensing. These rules have been in place since July 1, 2020.

(a) Each board under this code shall develop criteria to evaluate the rehabilitation of a person when doing either of the following:

(1) Considering the denial of a license by the board under Section 480.

(2) Considering suspension or revocation of a license under Section 490.

(b) Each board shall consider whether an applicant or licensee has made a showing of rehabilitation if either of the following are met:

(1) The applicant or licensee has completed the criminal sentence at issue without a violation of parole or probation.

(2) The board, applying its criteria for rehabilitation, finds that the applicant is rehabilitated.

(c) This section does not in any way modify or otherwise affect the existing authority of the following entities in regard to licensure:

(1) The State Athletic Commission.

(2) The Bureau for Private Postsecondary Education.

(3) The California Horse Racing Board.

(d) This section shall become operative on July 1, 2020.

rehabilitation criteria license denial license suspension license revocation criminal sentence completion parole or probation violations board evaluation applicant rehabilitation State Athletic Commission Bureau for Private Postsecondary Education California Horse Racing Board licensure authority

(Repealed and added by Stats. 2018, Ch. 995, Sec. 9. (AB 2138) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)

Section § 484

If you're applying for a professional license in California, you don't have to provide any letters or attestations from other people vouching for your good moral character.

No person applying for licensure under this code shall be required to submit to any licensing board any attestation by other persons to his good moral character.

professional license licensure application good moral character attestation licensing board requirements character reference application process California licensure license applicant personal character verification moral character attestation board application requirements application attestation character endorsement licensure verification

(Amended by Stats. 1974, Ch. 1321.)

Section § 485

If your application for a license is denied, the board must either file a formal statement explaining why it was denied or notify you in writing of the denial. You'll get a reason for the denial and learn that you can request a hearing to contest it. You have 60 days from getting the denial notice to ask for this hearing, or you'll lose the right to dispute it. The notice can be delivered like a legal summons or sent to your last known address by registered mail, and it's considered delivered once it's mailed out.

Upon denial of an application for a license under this chapter or Section 496, the board shall do either of the following:

(a) File and serve a statement of issues in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(b) Notify the applicant that the application is denied, stating (1) the reason for the denial, and (2) that the applicant has the right to a hearing under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code if written request for hearing is made within 60 days after service of the notice of denial. Unless written request for hearing is made within the 60-day period, the applicant’s right to a hearing is deemed waived.

Service of the notice of denial may be made in the manner authorized for service of summons in civil actions, or by registered mail addressed to the applicant at the latest address filed by the applicant in writing with the board in his or her application or otherwise. Service by mail is complete on the date of mailing.

license application denial statement of issues right to a hearing notice of denial request for hearing hearing waiver service of summons registered mail delivery reason for denial applicant's rights hearing request deadline

(Amended by Stats. 1997, Ch. 758, Sec. 2.3. Effective January 1, 1998.)

Section § 486

If your application for a license is denied, the board must tell you when you can apply again, which is usually one year later, unless they set a different date. They'll also consider any proof you have that shows you're rehabilitated. Plus, they'll give you the criteria they use to evaluate rehabilitation.

Where the board has denied an application for a license under this chapter or Section 496, it shall, in its decision, or in its notice under subdivision (b) of Section 485, inform the applicant of the following:

(a) The earliest date on which the applicant may reapply for a license which shall be one year from the effective date of the decision, or service of the notice under subdivision (b) of Section 485, unless the board prescribes an earlier date or a later date is prescribed by another statute.

(b) That all competent evidence of rehabilitation presented will be considered upon a reapplication.

Along with the decision, or the notice under subdivision (b) of Section 485, the board shall serve a copy of the criteria relating to rehabilitation formulated under Section 482.

license application denial reapply timeline competent evidence of rehabilitation board decision notice criteria for rehabilitation Section 485 notice Section 482 criteria effective date application reapplication denied license application rehabilitation evaluation earliest reapplication date

(Amended by Stats. 1997, Ch. 758, Sec. 2.4. Effective January 1, 1998.)

Section § 487

When someone asks for a hearing about an application, the board has to hold the hearing within 90 days, unless the person agrees to delay it. However, the Office of Administrative Hearings can add up to 45 more days if there's a good reason, except for cases involving exam or licensing fraud, which can have up to 180 days. No more than two extensions of this kind can be given.

If a hearing is requested by the applicant, the board shall conduct such hearing within 90 days from the date the hearing is requested unless the applicant shall request or agree in writing to a postponement or continuance of the hearing. Notwithstanding the above, the Office of Administrative Hearings may order, or on a showing of good cause, grant a request for, up to 45 additional days within which to conduct a hearing, except in cases involving alleged examination or licensing fraud, in which cases the period may be up to 180 days. In no case shall more than two such orders be made or requests be granted.

hearing request postponement continuance Office of Administrative Hearings good cause exam fraud licensing fraud hearing extension application hearing administrative hearings applicant agreement hearing timeline additional days showing of good cause

(Amended by Stats. 1986, Ch. 220, Sec. 1. Effective June 30, 1986.)

Section § 488

This law outlines what actions a board can take regarding an applicant’s license after a hearing. They can either grant the license, grant it with conditions like probation or suspension, deny it, or take any other action they see fit. However, the law doesn't change the authority of the State Athletic Commission, the Bureau for Private Postsecondary Education, or the California Horse Racing Board over their licensing powers. This law became effective on July 1, 2020.

(a) Except as otherwise provided by law, following a hearing requested by an applicant pursuant to subdivision (b) of Section 485, the board may take any of the following actions:

(1) Grant the license effective upon completion of all licensing requirements by the applicant.

(2) Grant the license effective upon completion of all licensing requirements by the applicant, immediately revoke the license, stay the revocation, and impose probationary conditions on the license, which may include suspension.

(3) Deny the license.

(4) Take other action in relation to denying or granting the license as the board in its discretion may deem proper.

(b) This section does not in any way modify or otherwise affect the existing authority of the following entities in regard to licensure:

(1) The State Athletic Commission.

(2) The Bureau for Private Postsecondary Education.

(3) The California Horse Racing Board.

(c) This section shall become operative on July 1, 2020.

license hearing licensing requirements probationary conditions license suspension license denial state board actions State Athletic Commission Bureau for Private Postsecondary Education California Horse Racing Board operative July 1 2020

(Repealed and added by Stats. 2018, Ch. 995, Sec. 11. (AB 2138) Effective January 1, 2019. Section operative July 1, 2020, by its own provisions.)

Section § 489

This law allows a government agency to deny someone's license application without holding a hearing if they already denied an application from the same person for the same reasons within the past year. This can only happen if the original decision followed specific government procedures.

Any agency in the department which is authorized by law to deny an application for a license upon the grounds specified in Section 480 or 496, may without a hearing deny an application upon any of those grounds, if within one year previously, and after proceedings conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, that agency has denied an application from the same applicant upon the same ground.

license denial application rejection no hearing same applicant same grounds preceding year government agency administrative procedures reapplication denial Section 480 Section 496 Chapter 5 Division 3 Title 2 Government Code

(Amended by Stats. 1997, Ch. 758, Sec. 2.5. Effective January 1, 1998.)

Denial, Suspension And Revocation Of Licenses

Chapter 2Denial of Licenses

Section § 480

Section § 480.2

Section § 480.5

Section § 481

Section § 482

Section § 484

Section § 485

Section § 486

Section § 487

Section § 488

Section § 489

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