Cal. Code Regs. Tit. 16, § 2330.1 - Criteria to Aid in Determining if Felony Financial Crimes Are Directly and Adversely Related to Fiduciary Qualifications, Functions, or Duties of a Cemetery Manager

(a) For the purposes of Section 480(a)(1)(B)(v) of the Business and Professions Code, a financial crime that is classified as a felony, including felony conspiracy or felony attempt to commit that crime, shall be considered to be directly and adversely related to the fiduciary qualifications, functions, or duties of a cemetery manager if it involves an act of dishonesty, misrepresentation, deceit, fraud, or theft that causes, is intended or expected to cause, or could reasonably be expected to cause, a direct financial benefit to oneself or another or financial harm to another.

(b) For purposes of subdivision (a), financial crimes that are directly and adversely related to the fiduciary qualifications, functions, or duties of a cemetery manager shall include, but are not limited to, the following:

(1) Crimes under Chapter 4, 6, or 7 of Title 7 of Part 1 of the Penal Code relating to forging, stealing, mutilating, or falsifying judicial or public records or documents; falsifying evidence; bribing, influencing, intimidating, or threatening witnesses; or other offenses against public justice, if intended or expected to cause, or if the crimes could reasonably be expected to cause, a direct financial benefit to oneself or another or financial harm to another.

(2) Crimes under Chapters 9 through 10.5, inclusive, of Title 7 of Part 1 of the Penal Code relating to criminal profiteering, money laundering, fraud, or embezzlement.

(3) Crimes under Chapter 4 of Title 8 of Part 1 of the Penal Code relating to robbery.

(4) Crimes under Chapters 2 through 10, inclusive, of Title 13 of Part 1 of the Penal Code relating to burglary, burglarious or larcenous instruments or deadly weapons, forgery or counterfeiting, larceny, embezzlement, extortion, false personation or cheats, or crimes against insured property or insurers.

Notes

Cal. Code Regs. Tit. 16, § 2330.1

1. New section 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 7.5, 480, 7606, 7705 and 7711.3, Business and Professions Code.

1. New section 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.