1. (a) For the purposes of denial, suspension, or revocation of the permit of a household mover pursuant to Section 141, Division 1.5 (commencing with Section 475), or subdivision (f) of Section 19239 of the Code, a crime, professional misconduct, or act shall be considered to be substantially related to the qualifications, functions, or duties of a household mover if to a substantial degree it evidences present or potential unfitness of a household mover to perform the functions authorized by the permit 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 Bureau 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 household mover.

3. (c) For the purposes of subsection (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 Chapter 3.1, Division 8 of the Code.

   2. (2) Crimes, professional misconduct, or acts involving dishonesty, fraud, deceit, or theft with the intent to benefit oneself or another or to harm another. These include, but are not limited to:

      1. (A) Crimes, professional misconduct, or acts involving the acquisition or provision of false, altered, forged, counterfeit, or fraudulent statements or documents.
      2. (B) Crimes, professional misconduct, or acts involving robbery, burglary, any form of theft, any form of fraud, extortion, embezzlement, money laundering, forgery, false statements, or an attempt to commit any of those offenses.
   3. (3) Crimes, professional misconduct, or acts involving an attempt or conspiracy to commit such crimes listed in (c)(1) or (c)(2).
   4. (4) Serious felonies, as defined in Section 1192.7 of the Penal Code or a crime for which registration is required pursuant to paragraph (2) or (3) of subdivision (d) of Section 290 of the Penal Code.
   5. (5) Crimes, professional misconduct, or acts involving physical violence against others.
   6. (6) Crimes, professional misconduct, or acts that indicate a substantial or repeated disregard for the health, safety, or welfare of the public.
4. (d) If an applicant or permitholder wishes to contest a permit denial, suspension, or revocation based on a substantially related conviction, professional misconduct, or act, the applicant or permitholder may request a hearing pursuant to Sections 19239 or 19268 of the Code to determine if the permit should be denied, suspended, or revoked.

Note: Authority cited: Sections 19228, 19239 and 19268, Business and Professions Code. Reference: Sections 141, 480, 481, 485, 490, 493, 19239, 19268, 19275 and 19277, Business and Professions Code.

History

1. New article 3 (sections 2970-2972) and section filed 1-30-2025; operative 4-1-2025 (Register 2025, No. 15).