Standard Conditions of Probation
The protection of the public is the highest priority of the Bureau. In disciplinary matters where probation as been imposed, the Bureau believes conditions should be imparted to ensure public protection and to allow the probationer the opportunity to demonstrate rehabilitation. The following conditions of probation provide for consumer protection and establish a mechanism to monitor the rehabilitation progress of a probationer.
Generally, the Bureau recommends a minimum of three (3} years’ probation, Introductory Language and Conditions 1-7 are required as follows:
1. OBEY LAW’S Respondent shall obey all state and Local laws. A full and detailed account of any and all violations of laws shall be reported by the respondent to the Bureau in writing within seventy-two (72) hours of occurrence, To permit monitoring of compliance with this condition, respondent shall submit completed fingerprint forms and fingerprint fees within 45 days of the effective date of the decision, unless previously submitted as part of the licensure application process.
CRIMINAL COURT ORDERS: If respondent is under criminal court orders, including probation or parole, and the order is violated, this shall be deemed a violation of these probation conditions, and may result in the filing of an accusation and/or petition to revoke probation.
2. SUBMIT WRITTEN REPORTS Respondent, during the period of probation, shall submit or cause to be submitted such written reports/declarations and verification of actions under penalty of perjury, as required by the Bureau, but no more frequently than once each calendar quarter. These reports/declarations shall contain statements relative to respondent’s compliance with all the conditions of the Bureau’s Probation. Program. Respondent shall immediately execute all release of information forms as may be required by the Bureau or its representatives.
3. REPORT IN PERSON Respondent, during the period of probation, shall appear in person at interviews/meetin6s as directed by the Bureau or its representatives.
4. COMPLY WITH CONDITIONS OF PROBATION Respondent shall fully comply with the conditions of probation established by the Bureau and cooperate with representatives of the Bureau in its monitoring and investigation of the respondent’s compliance with the Bureau’s Probation Program. Respondent shall inform the Bureau. in writing within no more than 15 days of any address change. Upon successful completion of probation, respondent’s license shall be fully restored.
5. POSTING OF SIGN During the period of suspension, Respondent shall prominently post a sign or sins, provided by the Bureau, indicate the beginning and ending dates of the suspension and be indicating the reason for the suspension. The sign or signs shall be conspicuously displayed in a location or locations open to and frequented by customers. The locat.ion(s) of the s~gn(s) shall be approved by the Bureau and shall remain posted during the entire period of actual suspension. Additionally, the Respondent shall circulate a notice of the conditions of probation to al] employees, and post the notice in a conspicuous place where notices to employees are posted or available to employees. New employees shall also be provided a copy of the notice of the conditions of probation.
6. MAINTAIN VALID LICENSE Respondent shall, at all times while on probation, maintain a current and valid license with the Bureau, including any period during which suspension or probation is tolled.
7. COST RECOVERY Respondent shall pay to the Bureau costs associated with its investigation and enforcement pursuant to Business and Professions Code Section 26031 in the amount of money Respondent shall be permitted to pay these costs in a payment plan approved by the Bureau, with payments to be completed no later than three months prior to the end of.the probation term.
If respondent has not complied with this condition during the probationary term, and respondent has presented sufficient documentation of his or her good faith efforts to comply with this condition, and if no other conditions have been violated, the Bureau, in its discretion, may grant an extension of the respondent’s probation period up to one year without further hearing in order to comply with this condition. During the one year extension, all original conditions of probation will apply.
8. LICENSE SURRENDER During respondent”s term of probation, if he or she ceases business or is otherwise unable to satisfy the conditions of probation, respondent may surrender his or her license to the Bureau The Bureau reserves the right to evaluate respondent”s request and to exercise its discretion whether to grant the request, or to take any other action deemed appropriate and reasonable under the circumstances, without further hearing.
Upon formal acceptance of the tendered license, respondent will~no longer be subject to the conditions of probation. Surrender of respondent’s license shall be considered a disciplinary action and shall become a part of respondent’s license history with the Bureau.
9. VIOLATION OF PROBATION If a respondent violates the conditions of his or her probation, the Bureau after giving the respondent notice and an opportunity to be heard, may set aside the stay order and impose the stayed discipline (revocation/suspension) of the respondent’s license.
If during the period of probation, an accusation or petition to revoke probation. is filed against respondent’s license, or the Bureau has served the respondent a notice of intent to set aside the stay, the Bureau shall have continuing jurisdiction, and the probationary period shall automatically be extended and shall not expire until final resolution of the matter.