1. (a) For the purpose of denial, suspension, or revocation of the license of a landscape architect pursuant to Section 141, Division 1.5 (commencing with Section 475), or Section 5675.5 of the Code, a crime, professional misconduct, or act shall be considered substantially related to the qualifications, functions, and duties of a landscape architect if to a substantial degree it evidences present or potential unfitness of a landscape 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 a landscape 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 3.5 of Division 3 of the Code or other state or federal laws governing the practice of landscape architecture.

Note: Authority cited: Sections 481 and 5630, Business and Professions Code. Reference: Sections 141, 475, 480, 481, 490, 493, 5630 and 5675.5, Business and Professions Code.

History

1. New section filed 4-5-73; effective thirtieth day thereafter (Register 73, No. 14).

2. Repealer and new section filed 7-24-75; effective thirtieth day thereafter (Register 75, No. 30).

3. Change without regulatory effect amending first paragraph filed 7-7-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 28).

4. Change without regulatory effect amending first paragraph filed 4-17-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 16).

5. Change without regulatory effect amending section filed 5-5-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 19).

6. Amendment of section and Note filed 12-4-2020; operative 12-4-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 49). 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.