California Code of Regulations
Title 16 - Professional and Vocational Regulations
Division 5 - Board for Professional Engineers and Land Surveyors
Article 1 - General Provisions
Section 416 - Substantial Relationship Criteria
Current through Register 2024 Notice Reg. No. 12, March 22, 2024
(a) For the purpose of denial, suspension, or revocation of the certification of an engineer-in-training or a land surveyor-in-training or license of a professional engineer or a land surveyor pursuant to Section 141, Division 1.5 (commencing with Section 475), subdivision (a) of Section 6775, subdivision (a) of Section 6775.1, Section 6779, subdivision (e) of Section 8780, subdivision (a) of Section 8780.1, or Section 8783 of the Business and Professions Code, a crime, professional misconduct, or act shall be considered substantially related to the qualifications, functions, and duties of a professional engineer or land surveyor if, to a substantial degree, it evidences present or potential unfitness of a professional engineer or land surveyor 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 all of 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 5-29-75; effective thirtieth day thereafter (Register 75, No.
22).
2. Amendment filed 8-10-83; effective thirtieth day thereafter
(Register 83, No. 33).
3. Change without regulatory effect amending
section and NOTE filed 4-19-99 pursuant to section
100, title 1, California Code of
Regulations (Register 99, No. 17).
4. Amendment of section and NOTE
filed 5-17-2021; operative 5-17-2021 pursuant to Government Code section
11343.4(b)(3)
(Register 2021, No. 21). 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, 6716 and 8710, Business and Professions Code. Reference: Sections 141, 480, 481, 490, 493, 6775, 6775.1, 6779, 8780, 8780.1 and 8783, Business and Professions Code.