1. (a) For the purpose of denial, suspension, or revocation of a license pursuant to Section 141 or Division 1.5 (commencing with Section 475) of the Code or Sections 2533 and 2533.1 of the Code, a crime, professional misconduct, or act shall be considered substantially related to the qualifications, functions, and duties of a hearing aid dispenser if to a substantial degree it evidences present or potential unfitness of a licensee to perform the functions authorized by the license in a manner consistent with the public health, safety, or welfare.

2. (b) In making the substantial relationship determination required under subdivision (a) for a crime, the Board shall consider the following criteria:

   1. (1) The nature and gravity of the offense.
   2. (2) The number of years elapsed since the date of the offense.
   3. (3) The nature and duties of a licensee.

3. (c) For purposes of subdivision (a), substantially related crimes, professional misconduct, or acts shall include, but are not limited to, the following:

   1. (1) Any violation or attempt to violate the provisions of Sections 650, 651, 651.3 and 655.2 of the Code.
   2. (2) Any violation or attempt to violate the provisions of Chapter 7.5, Division 2 of the Code.
   3. (3) Conviction or act involving fiscal or commercial dishonesty, fraud, deceit, or corruption related to money, items, documents, or personal information.
   4. (4) Conviction or act involving grand theft or embezzlement.
   5. (5) Conviction or act involving child abuse.
   6. (6) Conviction or act regarding elder abuse.
   7. (7) A conviction requiring a person to register as a sex offender pursuant to Section 290 of the Penal Code.
   8. (8) Conviction or act involving lewd conduct or sexual impropriety.
   9. (9) Conviction or act involving assault, battery, or other violence.
   10. (10) Conviction or act involving the use of drugs or alcohol to an extent or in a manner dangerous to the individual or the public.

Note: Authority cited: Sections 493 and 2531.06, Business and Professions Code. Reference: Sections 141, 480, 481, 490, 493, 2533 and 2533.1, Business and Professions Code.

History

1. New section filed 11-16-73 as an emergency; effective upon filing (Register 73, No. 46).

2. Certificate of Compliance filed 2-8-74 (Register 74, No. 6).

3. Amendment filed 10-24-75; effective thirtieth day thereafter (Register 75, No. 43).

4. Amendment of Note filed 4-12-79; effective thirtieth day thereafter (Register 79, No. 15).

5. Amendment filed 5-6-83; effective thirtieth day thereafter (Register 83, No. 19).

6. Change without regulatory effect amending subsection (a) and Note filed 10-28-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 44).

7. Amendment of section and Note filed 5-7-2021; operative 5-7-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 19). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.