DOE v. SAENZ Part II
Occupied burglary is not a crime against an individual and is therefore not a nonexemptible offense that can permanently bar one from working in a licensed community care facility. Statutory scheme that allows persons convicted of murder, mayhem, and felonies punishable by death who have obtained certificate of rehabilitation to apply for exemption from lifetime ban on working at facility but denies same right to those convicted of second degree robbery and who obtained certificate of rehabilitation violates constitutional equal protection guarantees. Department of Social Services notice letters to those it has determined have been convicted of nonexemptible offenses, which fail to identify the standards used in reaching the determination, the identity of documents relied on, or the disqualifying conviction, fail to provide adequate due process protections of California Constitution. The proper implementation of statutes foreclosing employment to rehabilitated ex-offenders is a matter of public right and public importance giving taxpayer-citizens standing to compel proper implementation.
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