§ 2879
467 words·~2 min read·
/ca/business-and-professions-code/2879A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Notwithstanding Section 2878 or any other law, the board may revoke, suspend, or deny at any time a license under this chapter on any of the grounds for disciplinary action provided in this chapter. The proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.
(b)The board may deny a license to an applicant on any of the grounds specified in Section 480.
(c)In addition to the requirements provided in Sections 485 and 486, upon denial of an application for a license, the board shall provide a statement of reasons for the denial that does the following:
(1)Evaluates evidence of rehabilitation submitted by the applicant, if any.
(2)Provides the board’s criteria relating to rehabilitation, formulated pursuant to Section 482, that takes into account the age and severity of the offense, and the evidence relating to participation in treatment or other rehabilitation programs.
(3)If the board’s decision was based on the applicant’s prior criminal conviction, justifies the board’s denial of a license and conveys the reasons why the prior criminal conviction is substantially related to the qualifications, functions, or duties of a licensed vocational nurse.
(d)Commencing July 1, 2009, all of the following shall apply:
(1)If the denial of a license is due at least in part to the applicant’s state or federal criminal history record, the board shall, in addition to the information provided pursuant to paragraph
(3)of subdivision (c), provide to the applicant a copy of the applicant’s criminal history record if the applicant makes a written request to the board for a copy, specifying an address to which it is to be sent.
(A)The state or federal criminal history record shall not be modified or altered from its form or content as provided by the Department of Justice.
(B)The criminal history record shall be provided in such a manner as to protect the confidentiality and privacy of the applicant’s criminal history record and the criminal history record shall not be made available by the board to any employer.
(C)The board shall retain a copy of the applicant’s written request and a copy of the response sent to the applicant, which shall include the date and the address to which the response was sent.
(2)The board shall make this information available upon request by the Department of Justice or the Federal Bureau of Investigation.
(e)Notwithstanding Section 487, the board shall conduct a hearing of a license denial within 90 days of receiving an applicant’s request for a hearing. For all other hearing requests, the board shall determine when the hearing shall be conducted.