Section 3722 - Substantial Relationship Criteria(a) For the purposes of the denial, suspension, or revocation of a license pursuant to Section 141 or Division 1.5 (commencing with section 475) 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 if to a substantial degree it evidences present or potential unfitness to hold such a license 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 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 profession in which the applicant seeks licensure or in which the licensee is licensed.(c) For purposes of subdivision (a), the crimes, professional misconduct, or acts deemed to be substantially related to the qualifications, functions, or duties of a licensee include, but are not limited to, the following:(1) Crimes or Acts involving the use of fraud, deceit or dishonesty for profit or gain;(2) Taking, appropriating or retaining the funds or property of another;(3) Forging, counterfeiting or altering any instrument affecting the rights or obligations of another;(4) Evasion of a lawful debt or obligation, including but not limited to tax obligations;(5) Traffic in any narcotic or controlled substance in violation of law;(6) Driving under the influence of alcohol or drugs, while conducting business related to real estate appraisals; conviction of felony driving under the influence of alcohol or drugs; or conviction of two or more misdemeanor driving under the influence of alcohol or drugs within any three year period, whether or not while conducting business;(7) Violation of a relation of trust or confidence;(8) Theft of personal property or funds;(9) Crimes or acts of violence or threatened violence against persons or property;(10) The commission of any crime or act punishable as a sexually related crime, if that crime or act is substantially related to the duties and functions of the licensee; or(11) Misrepresentation of facts or information on the appraisal license application and/or cheating on the examination.(12) Any willful violation of the Real Estate Appraisers' Licensing and Certification Act or provisions of the Business and Professions Code applicable to appraisers.Cal. Code Regs. Tit. 10, § 3722
1. Renumbering and amendment of former section 3551 to new section 3722 filed 11-1-96; operative 11-1-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 44). For prior history, see Register 94, No. 23.
2. Amendment of subsection (a), new subsection (a)(1), repealer of subsection (a)(9), subsection renumbering, amendment of newly designated subsections (a)(6) and (a)(9) and new subsections (a)(10)-(11) filed 8-24-2010; operative 9-23-2010 (Register 2010, No. 35).
3. Amendment of section heading, section and NOTE filed 11-19-2020; operative 11-19-2020 (Register 2020, No. 47). 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-66-20. Note: Authority cited: Sections 481, 11313 and 11314, Business and Professions Code. Reference: Sections 141, 475, 480, 481, 490 and 493, Business and Professions Code.
1. Renumbering and amendment of former section 3551 to new section 3722 filed 11-1-96; operative 11-1-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 44). For prior history, see Register 94, No. 23.
2. Amendment of subsection (a), new subsection (a)(1), repealer of subsection (a)(9), subsection renumbering, amendment of newly designated subsections (a)(6) and (a)(9) and new subsections (a)(10)-(11) filed 8-24-2010; operative 9-23-2010 (Register 2010, No. 35).
3. Amendment of section heading, section and Note filed 11-19-2020; operative 11/19/2020 (Register 2020, No. 47). 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-66-20.