Cal. Code Regs. Tit. 16, § 2330 - Substantial Relationship Criteria

(a) This section applies to all licenses, as defined in Section 23.7 of the Business and Professions Code, that are covered by this division, including, but not limited to, licenses for cemetery-related businesses or professions, cremation- or hydrolysis-related businesses or professions, or remains disposal.

(b) For the purposes of denial, suspension, or revocation of a license pursuant to Section 141, 7691, 7711.3, or Division 1.5 (commencing with Section 475) of the Business and Professions Code, or pursuant to any section of the Cemetery and Funeral Act (Chapter 12 (commencing with Section 7600) of Division 3 of the Business and Professions Code) that cites Division 1.5 of the Business and Professions Code as providing grounds for denial, suspension, or revocation of a license, a crime, professional misconduct, or act shall be considered to be substantially related to the qualifications, functions, or duties of the practice or profession in which the applicant seeks licensure or in which the licensee is licensed if to a substantial degree it evidences present or potential unfitness of the applicant or licensee to perform the functions authorized by the license in a manner consistent with the public health, safety, or welfare.

(c) In making the substantial relationship determination required under subdivision (b) for a crime, the bureau 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 the practice or profession in which the applicant seeks licensure or in which the licensee is licensed.

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

(1) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision of the Cemetery and Funeral Act.

(2) Conviction of any crime(s) or act(s) involving dishonesty, misrepresentation, fraud, deceit, stolen property, embezzlement, money laundering, theft, grand theft, larceny, burglary, robbery, identity theft, or obtaining money, labor, or property under false pretenses, and/or forgery or counterfeiting.

(3) Conviction of any crime(s) or act(s) involving fiscal dishonesty, in addition to those crime(s) or act(s) listed in paragraph (2).

Notes

Cal. Code Regs. Tit. 16, § 2330

1. Repealer and new section filed 3-11-77; effective thirtieth day thereafter (Register 77, No. 11). For prior history, see Register 73, No. 20.
2. Amendment filed 8-24-82; effective thirtieth day thereafter (Register 82, No. 35).
3. Change without regulatory effect amending first paragraph filed 10-17-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 42).
4. Amendment of section and NOTE filed 6-1-2021; operative 6-1-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 23). 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 7606, Business and Professions Code. Reference: Sections 141, 475, 480, 481, 488, 490, 492, 493, 7606, 7639.08, 7653, 7691, 7711.3, 7711.5 and 7712.5, Business and Professions Code.

1. Repealer and new section filed 3-11-77; effective thirtieth day thereafter (Register 77, No. 11). For prior history, see Register 73, No. 20.
2. Amendment filed 8-24-82; effective thirtieth day thereafter (Register 82, No. 35).
3. Change without regulatory effect amending first paragraph filed 10-17-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 42).
4. Amendment of section and Note filed 6-1-2021; operative 6/1/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 23). 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.