California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 33 - Bureau of Automotive Repair
Chapter 1 - Automotive Repair Dealers and Official Stations and Adjusters
Article 12 - Miscellaneous
Section 3395.2 - 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 or registration pursuant to Section 141, Division 1.5 (commencing with Section 475), subdivision (b) of Section 9884.22, subdivision (f) of Section 9889.2, or subdivisions (a) and (b) of Section 9889.3 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 or registrant if, to a substantial degree, it evidences present or potential unfitness of a licensee or registrant to perform the functions authorized by the license or registration in a manner consistent with the public health, safety, or welfare. Such crimes or acts shall include, but not be limited to, any violation of the provisions of Article 3 of Chapter 20.3 of Division 3 of the Business and Professions Code.
(b) In making the substantial relationship determination required under subdivision (a) for a crime, the Bureau shall consider all of the following criteria:
1.
Renumbering and amendment of former Section
3357 to Section
3395.2 filed 2-22-83; effective
thirtieth day thereafter (Register 83, No. 9).
2. Amendment of
section heading, section and NOTE filed 2-18-2021; operative 2-18-2021 pursuant
to Government Code section
11343.4(b)(3)
(Register 2021, No. 8). 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 481, 9882 and 9884.19, Business and Professions Code. Reference: Sections 141, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 493, 9884.22, 9889.2 and 9889.3, Business and Professions Code.