Section 2767 - Substantial Relationship Criteria(a) For the purposes of denial, suspension, or revocation of the registration of a service dealer or service contractor pursuant to Section 141, Division 1.5 (commencing with Section 475), subdivision (a)(7) of Section 9841, subdivision (a) of Section 9853, or subdivision (b) of Section 9855.7 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 registrant if to a substantial degree it evidences present or potential unfitness of a registrant to perform the functions authorized by the registration in a manner consistent with the public health, safety, or welfare.(b) In making the substantial relationship determination required under subsection (a) for a crime, the Bureau shall consider all of the following criteria: (1) The nature and gravity of the offense.(2) The number of years elapsed since the date of the offense.(3) The nature and duties of a service dealer or service contractor.(c) For the purposes of subsection (a), substantially related crimes, professional misconduct, or acts shall include, but are not limited to, the following: (1) Violating or attempting to violate, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate any provision or term of Chapter 20, Division 3 of the Business and Professions Code.(2) Crimes or acts involving dishonesty, fraud, deceit or theft with the intent to benefit oneself or another or to harm another including, but not limited to: (A) Making or authorizing any statement or advertisement that is untrue or misleading, and that is known, or which by the exercise of reasonable care should be known, to be untrue or misleading.(B) Making any false promises of a character likely to influence, persuade, or induce a customer to authorize the repair, installation, service, or maintenance of equipment.(C) Conduct constituting incompetence or negligence.(D) Any willful departure from or disregard of accepted trade standards for good and workmanlike installation or repair.(3) Crimes involving physical violence against others.(d) If an applicant or registrant wishes to contest a registration denial, suspension, or revocation based on a conviction, the applicant or registrant may request a hearing pursuant to Business and Professions Code section 9848 to determine if the registration should be denied, suspended, or revoked.Cal. Code Regs. Tit. 16, § 2767
1. New section filed 3-30-73; effective thirtieth day thereafter (Register 73, No. 13).
2. Repealer and new section filed 2-14-75; as an emergency; effective upon filing (Register 75, No. 7).
3. Repealer and new section refiled 8-7-75; effective thirtieth day thereafter (Register 75, No. 32).
4. Renumbering of Section 2703.1 to Section 2767 filed 11-10-80; effective thirtieth day thereafter (Register 80, No. 46).
5. Amendment of section and NOTE filed 4-9-2021; operative 4-9-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 15). 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 9814 and 9814.5, Business and Professions Code. Reference: Sections 141, 475, 480, 481, 485, 488, 490, 493, 9841, 9848, 9853 and 9855.7, Business and Professions Code.
1. New section filed 3-30-73; effective thirtieth day thereafter (Register 73, No. 13).
2. Repealer and new section filed 2-14-75; as an emergency; effective upon filing (Register 75, No. 7).
3. Repealer and new section refiled 8-7-75; effective thirtieth day thereafter (Register 75, No. 32).
4. Renumbering of Section 2703.1 to Section 2767 filed 11-10-80; effective thirtieth day thereafter (Register 80, No. 46).
5. Amendment of section and Note filed 4-9-2021; operative 4/9/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 15). 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.