Cal. Code Regs. Tit. 16, § 868 - Criteria to Aid in Determining if Crimes, Professional Misconduct, or Acts Are Substantially Related to Qualifications, Functions, or Duties of a Licensee or Registrant

(a) For the purposes of denial, suspension, or revocation of a license or registration pursuant to Section 141, Division 1.5 (commencing with Section 475), or Sections 7073 or 7123 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 registrant (under Division 3, Chapter 9 of the Code) if it evidences present or potential unfitness of an applicant, licensee, or registrant to perform the functions authorized by the license or registration in a manner consistent with the public health, safety, and welfare.

(b) In making the substantial relationship determination required under subdivision (a) for a crime, the Board or Registrar shall consider the following criteria:

(1) The nature and gravity of the offense,

(2) The number of years elapsed since the date of the offense, and

(3) The nature and duties of a contractor or home improvement salesperson.

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

(1) Any violation of the provisions of Chapter 9 of Division 3 of the Code or other state or federal laws governing contractors or home improvement salespersons.

(2) Failure to comply with the provisions of the California Code of Regulations, Title 16, Division 8.

(3) Crimes, professional misconduct, or acts involving dishonesty, fraud, deceit, or theft with the intent to substantially benefit oneself or another or to substantially harm another.

(4) Crimes, professional misconduct, or acts involving physical violence against persons.

(5) Crimes, professional misconduct, or acts that indicate a substantial or repeated disregard for the health, safety, or welfare of the public.

Notes

Cal. Code Regs. Tit. 16, § 868

1. Amendment of section heading, section and NOTE filed 5-31-2006; operative 6-30-2006 (Register 2006, No. 22).
2. Amendment of section heading, section and NOTE filed 5-3-2021; operative 5-3-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 19). 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.

Note: Authority cited: Section 7008, Business and Professions Code. Reference: Sections 141, 480, 481, 490, 493, 7066, 7069, 7073, 7090, 7123 and 7124, Business and Professions Code.

1. Amendment of section heading, section and Note filed 5-31-2006; operative 6-30-2006 (Register 2006, No. 22).
2. Amendment of section heading, section and Note filed 5-3-2021; operative 5/3/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 19). 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.