企业组织与执照第 1445 / 1632 题

An applicant has been convicted of a crime substantially related to the qualifications of a contractor. What does the license law allow?

a.Automatic denial, with no chance to show rehabilitation
b.Possible denial, after the board weighs rehabilitation evidence
c.No consequence at all, since a conviction is not the board's concern
d.Denial only where the applicant was actually incarcerated

解析

B&P §7069(a) bars licensure to an applicant who has committed acts or crimes that are grounds for denial under §480, and §480(a)(1) permits denial for a substantially related crime convicted within the preceding seven years; §482 requires the board to apply its rehabilitation criteria before denying. So denial is possible, not automatic. (a) skips the individualized rehabilitation review the statute requires. (c) is the opposite of §7069, which also requires fingerprints and a DOJ and FBI record check. (d) misreads §480(a)(1): a conviction inside the seven-year window counts regardless of whether the applicant was incarcerated.

法律依据: B&P Code §7069 / §480(a)(1) / §482

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