2007 California Business and Professions Code Chapter 2. Denial Of Licenses

CA Codes (bpc:480-489)

480.  (a) A board may deny a license regulated by this code on the
grounds that the applicant has one of the following:
   (1) Been convicted of a crime.  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 which a board is
permitted to take following the establishment of a conviction may be
taken when the time for appeal has elapsed, or 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 of the
Penal Code.
   (2) Done any act involving dishonesty, fraud or deceit with the
intent to substantially benefit himself or another, or substantially
injure another; or
   (3) Done any act which if done by a licentiate of the business or
profession in question, would be grounds for suspension or revocation
of license.
   The 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
application is made.
   (b) Notwithstanding any other provision of this code, no person
shall be denied a license solely on the basis that he has been
convicted of a felony if he has obtained a certificate of
rehabilitation under Section 4852.01 and following of the Penal Code
or that he has been convicted of a misdemeanor if he has met all
applicable requirements of the criteria of rehabilitation developed
by the board to evaluate the rehabilitation of a person when
considering the denial of a license under subdivision (a) of Section
482.
   (c) A board may deny a license regulated by this code on the
ground that the applicant knowingly made a false statement of fact
required to be revealed in the application for such license.



481.  Each board under the provisions of this code 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.



482.  Each board under the provisions of this code shall develop
criteria to evaluate the rehabilitation of a person when:
   (a) Considering the denial of a license by the board under Section
480; or
   (b) Considering suspension or revocation of a license under
Section 490.
   Each board shall take into account all competent evidence of
rehabilitation furnished by the applicant or licensee.




484.  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.



485.  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.



486.  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.




487.  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.


488.  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:
   (a) Grant the license effective upon completion of all licensing
requirements by the applicant.
   (b) 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.
   (c) Deny the license.
   (d) Take other action in relation to denying or granting the
license as the board in its discretion may deem proper.



489.  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.