1. (a) For the purposes of denial, suspension, or revocation of a license pursuant to Section 141 or Division 1.5 (commencing with Section 475) of the Business and Professions Code, a crime, professional misconduct, or act shall be considered to be substantially related to the qualifications, functions or duties of a licensee under Division 8, Chapter 3 (commencing with Section 19000) of the Business and Professions Code if to a substantial degree it evidences present or potential unfitness of such licensee 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 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 the licensee.

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 of Division 8 of the Business and Professions Code.
   2. (2) Crimes or acts involving dishonesty, fraud, deceit, or theft with the intent to benefit oneself or another or to harm another.
   3. (3) Violating or attempting to violate Article 1 (commencing with Section 17500) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code, relating to false or misleading advertising.
4. (d) If an applicant or licensee wishes to contest a license denial, suspension, or revocation based on a conviction, the applicant or licensee may request a hearing pursuant to Business and Professions Code section 19209 to determine if the license should be denied, suspended, or revoked.

Note: Authority cited: Sections 481 and 19034, Business and Professions Code. Reference: Sections 141, 475, 480, 481, 488, 490, 493, 19063, 19064, 19209 and 19210, Business and Professions Code.

History

1. New Article 15 (§§ 1380-1382) filed 4-15-75; effective thirtieth day thereafter (Register 75, No. 16). For prior history of Article 15, see Registers 74, No. 19; 68, No. 25; and 66, No. 27.

2. Amendment filed 10-15-82; effective thirtieth day thereafter (Register 82, No. 42).

3. Amendment of section heading, section and Note filed 4-9-2021; operative 4-9-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 15). 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.