1. (a) For purposes of denial, suspension or revocation of a license or company registration, pursuant to section 141, Division 1.5 (commencing with Section 475), Section 8623, Section 8649, or Section 8655 of the code, a crime, professional misconduct, or act shall be considered to be substantially related to the qualifications, functions or duties of a licensee or registered company under Chapter 14 of Division 3 of the code if, to a substantial degree, it evidences present or potential unfitness of such licensee or registered company to perform the functions authorized by the license or company registration in a manner consistent with the public health, safety, or welfare.

2. (b) In making the substantial relationship criteria determination required under subdivision (a) for a crime, the board shall consider all of 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 of duties of the structural pest control license or registration being sought, or held, by the person.

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

   1. (1) Any violation of the provisions of Chapter 14 of Division 3 of the code.

   2. (2) Commission of any of the following in connection with the practice of structural pest control:

      1. (A) Fiscal dishonesty
      2. (B) Fraud
      3. (C) Theft
      4. (D) Violations relating to the misuse of pesticides.

Note: Authority cited: Sections 481 and 8525, Business and Professions Code. Reference: Sections 141, 475, 480, 481, 490, 493, 8525, 8568, 8620, 8623, 8646, 8649 and 8655, Business and Professions Code.

History

1. Repealer and new section filed 3-14-75; effective thirtieth day thereafter (Register 75, No. 11). For history of former section, see Register 73, No. 14.

2. Amendment filed 9-22-83; effective thirtieth day thereafter (Register 83, No. 39).

3. Amendment of first paragraph only filed 3-23-87; effective upon filing pursuant to Government Code Section 11346.2(d) (Register 87, No. 13).

4. Amendment of section and Note filed 12-23-2020; operative 12-23-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 52). 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.