California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 13.3 - Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board of the Department of Consumer Affairs
Article 6 - Enforcement
Section 1399.132 - Substantial Relationship Criteria
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) For the purpose of denial, suspension, or revocation of a license pursuant to Section 141 or Division 1.5 (commencing with Section 475) of the Code or Sections 2533 and 2533.1 of the Code, a crime, professional misconduct, or act shall be considered substantially related to the qualifications, functions, and duties of a hearing aid dispenser if to a substantial degree it evidences present or potential unfitness of a licensee to perform the functions authorized by the license in a manner consistent with the public health, safety, or welfare.
(b) In making the substantial relationship determination required under subdivision (a) for a crime, the Board shall consider the following criteria:
(c) For purposes of subdivision (a), substantially related crimes, professional misconduct, or acts shall include, but are not limited to, the following:
1. New section
filed 11-16-73 as an emergency; effective upon filing (Register 73, No.
46).
2. Certificate of Compliance filed 2-8-74 (Register 74, No.
6).
3. Amendment filed 10-24-75; effective thirtieth day thereafter
(Register 75, No. 43).
4. Amendment of NOTE filed 4-12-79; effective
thirtieth day thereafter (Register 79, No. 15).
5. Amendment filed
5-6-83; effective thirtieth day thereafter (Register 83, No. 19).
6.
Change without regulatory effect amending subsection (a) and NOTE filed
10-28-2015 pursuant to section
100, title 1, California Code of
Regulations (Register 2015, No. 44).
7. Amendment of section and
NOTE filed 5-7-2021; operative 5-7-2021 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: Sections 493 and 2531.06, Business and Professions Code. Reference: Sections 141, 480, 481, 490, 493, 2533 and 2533.1, Business and Professions Code.