2007 California Business and Professions Code Article 8. Disciplinary Proceedings And Administrative Citations

CA Codes (bpc:6980.71-6980.76)

6980.71.  (a) The director may deny a license or registration
regulated by this chapter on the grounds that the applicant has done
any of the following:
   (1) Knowingly made a false statement of fact required to be
revealed in the application for a license.
   (2) 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 the bureau 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 Section 1203.4 of the Penal Code.
   (3) Committed any act involving dishonesty, fraud, or deceit, with
the intent to substantially benefit himself, herself, or another, or
to substantially injure another.
   (4) Committed any act which, if done by a licensee, would be
grounds for suspension or revocation of a license.
   (5) Been refused a license under this chapter or had a license
revoked.
   (6) Been an officer, partner, or manager of any person who has
been refused a license under this chapter or whose license has been
suspended or revoked.
   (b) The bureau may deny a license or registration pursuant to this
section only if the crime or act is substantially related to the
qualifications, functions, or duties of the license or registration
for which application has been made.
   (c) The denial of a license or registration shall be in writing
and shall describe the basis for the denial.  The denial shall inform
the applicant that if he or she desires a hearing in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, the review shall be requested within
30 days of the issuance of the denial.
   (d) Notwithstanding any other provision of this chapter, no person
shall be denied a license or registration solely on the basis that
he or she has been convicted of a felony, if he or she has obtained a
certificate of rehabilitation pursuant to Chapter 3.5 (commencing
with Section 4852.01) of Title 6 of Part 3 of the Penal Code, or
solely on the basis that he or she has been convicted of a
misdemeanor, if he or she has met all applicable requirements of the
criteria of rehabilitation as provided in Section 6980.72.



6980.72.  (a) When considering the denial, suspension, or revocation
of a license or registration for which application has been made
under this chapter, the chief, in evaluating the rehabilitation of
the applicant and his or her present eligibility for a license or
registration, shall consider all the following criteria:
   (1) The nature and severity of the act or crime under
consideration as grounds for denial.
   (2) The applicant's total criminal record.
   (3) Evidence of any act committed subsequent to the act or crime
under consideration as grounds for denial, suspension, or revocation
which also could be considered as grounds for denial under Section
6980.71.
   (4) The time that has elapsed since commission of the act or crime
referred to in paragraph (1) or (2).
   (5) The extent to which the applicant has complied with any terms
of parole, probation, restitution, or any other sanctions lawfully
imposed against the applicant.
   (6) Evidence, if any, of rehabilitation submitted by the
applicant.
   (b) When considering a petition for reinstatement of a license or
registration, the chief shall evaluate evidence of rehabilitation,
considering those criteria of rehabilitation listed in subdivision
(a).


6980.73.  (a) The license or registration of a locksmith shall be
automatically suspended if the locksmith is convicted of any crime
which is substantially related to the functions, duties, and
responsibilities of a locksmith.  The automatic suspension shall be
effectuated by the mailing of a notice of conviction and suspension
of license to be sent by the bureau to the licensee at his or her
address of record.
   (b) The notice shall contain a statement of preliminary
determination by the director or his or her designee that the crime
stated is reasonably related to the functions, duties, and
responsibilities of a locksmith.
   (c) In enacting this section, the Legislature finds and declares
that locksmiths convicted of crimes reasonably related to the
functions, duties, and responsibilities of a locksmith shall be
subject to automatic suspension of their license and that summary
suspension is justified by compelling state interests of public
safety and security within the meaning of the California Supreme
Court's decision in Eye Dog Foundation v. State Board of Guide Dogs
for the Blind, 67 Cal. 2d 536.



6980.74.  (a) The bureau may suspend or revoke a license issued
pursuant to this chapter for acts including, but not limited to, any
of the following acts which shall also be unlawful:
   (1) Misrepresentation or concealment of a material fact in a
license application.
   (2) Interference with authorized personnel engaged in the
enforcement or administration of this chapter.
   (3) Knowingly using or permitting the use of any of his or her
skills, tools, or facilities for the commission of any crime.
   (4) Conviction of a crime substantially related to the
qualifications, functions, or duties of a locksmith.
   (5) A violation of this chapter or the rules and regulations
adopted under the authority of this chapter.
   (b) The bureau may suspend or revoke a license issued to a
corporation or to a partnership for the commission of any act listed
in subdivision (a) by an officer of the corporation or by a partner
in the partnership.


6980.75.  A record of conviction, or a certified copy thereof, shall
be conclusive evidence of conviction.



6980.76.  The proceedings of the bureau to deny a license
application, or to revoke or suspend a license, shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of the Government Code.