1. (a) For the purposes of denial, suspension, or revocation of the license of an architect pursuant to Section 141, Division 1.5 (commencing with Section 475), or Section 5586 of the code, a crime, professional misconduct, or act shall be considered substantially related to the qualifications, functions, and duties of an architect if to a substantial degree it evidences present or potential unfitness of an architect 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 subsection (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 and duties of an architect.

3. (c) For purposes of subsection (a), a substantially related crime, professional misconduct, or act shall include, but is not limited to, the following:

   1. (1) Any violation of the provisions of Chapter 3, Division 3 of the code or other state or federal laws governing the practice of architecture.

Note: Authority cited: Sections 481 and 5526, Business and Professions Code. Reference: Sections 141, 475, 480, 481, 490, 493, 5577 and 5586, Business and Professions Code.

History

1. New section filed 6-5-73; effective thirtieth day thereafter (Register 73, No. 23). For history of former section, see Register 60, No. 10.

2. Repealer and new section filed 2-28-75; effective thirtieth day thereafter (Register 75, No. 9).

3. Amendment filed 9-6-89; operative 10-6-89 (Register 89, No. 37).

4. Amendment of section and Note filed 12-11-2020; operative 12-11-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 50). (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.)