Section 970 - Substantial Relationship Criteria(a) For the purpose of denial, suspension, or revocation of a license issued under the Barbering and Cosmetology Act (Chapter 10 (commencing with Section 7301) of Division 3 of the Business and Professions Code), pursuant to Section 141, 7362, 7403, 7404, 7405, or Division 1.5 (commencing with Section 475) of the Business and Professions Code or a section of the Barbering and Cosmetology Act citing Section 480 of the Business and Professions Code as providing grounds for denial of licensure, a crime, professional misconduct, or act shall be considered substantially related to the qualifications, functions, and duties of the practice or profession in which the applicant seeks licensure or in which the licensee is licensed if to a substantial degree it evidences present or potential unfitness of the applicant or 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: (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 the practice or profession in which the applicant seeks licensure or in which the licensee is licensed.(c) For purposes of subdivision (a), substantially related crimes, professional misconduct, or acts shall include, but are not limited to, the following: (1) Any violation of the provisions of Chapter 10 of Division 3 of the Business and Professions Code or other state or federal laws governing the practice of barbering and cosmetology.(2) Criminal offenses, including but not limited to, lewd conduct, or use or sale of drugs or narcotics, committed in the course of or in association with the performance of the functions or duties authorized by such license.Cal. Code Regs. Tit. 16, § 970
1. Repealer and new section filed 10-24-94; operative 11-23-94 (Register 94, No. 43).
2. Amendment of section and NOTE filed 6-9-2021; operative 6-9-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 24). 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 and 7312, Business and Professions Code. Reference: Sections 141, 480, 481, 488, 490, 492, 493, 7347, 7355, 7362, 7403, 7404 and 7405, Business and Professions Code.
1. Repealer and new section filed 10-24-94; operative 11-23-94 (Register 94, No. 43).
2. Amendment of section and Note filed 6-9-2021; operative 6/9/2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 24). 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.