1. (a) For the purposes of denial, suspension, or revocation of a license or registration 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 to be substantially related to the qualifications, functions, or duties of a person holding a license under the Act if to a substantial degree it evidences present or potential unfitness of a person holding a license to perform the function authorized by the license or registration 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) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision or term of the Act.
   2. (2) Conviction of a crime involving fiscal or commercial dishonesty, fraud, deceit, or corruption related to money, items, documents, or personal information.
   3. (3) Conviction or act involving grand theft or embezzlement.
   4. (4) Conviction or act involving child abuse.
   5. (5) Conviction or act regarding elder abuse.
   6. (6) A conviction requiring a person to register as a sex offender pursuant to Section 290 of the Penal Code.
   7. (7) Conviction or act involving lewd conduct or sexual impropriety.
   8. (8) Conviction or act involving assault, battery, or other violence.
   9. (9) 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 481, 493 and 2531.95, Business and Professions Code. Reference: Sections 141, 480, 481, 490, 493, 2533 and 2533.1, Business and Professions Code.

History

1. Change without regulatory effect renumbering former section 1399.182 to section 1399.156.1 filed 12-6-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 50).

2. 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.