Section 161 - Grounds for ActionThe Program may deny eligibility for the Program, deny issuance or renewal of certification, or take disciplinary action for any of the following acts, including but not limited to:
(a) Failure to satisfy the requirements of this subchapter.(b) Making a false statement or omitting to state a material fact required to be revealed in the candidate eligibility application or certification renewal application.(c) Conviction of a crime considered to be substantially related to the qualifications, functions, or duties of a CASp. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Such crimes shall include, but not be limited to, the following: (1) A conviction of child abuse.(2) A conviction as a sex offender.(3) The conviction of any crime involving narcotics, dangerous drugs, or dangerous devices, as defined in section 4022 of the Business and Professions Code.(4) A conviction for assault and/or battery or lewd conduct.(d) The suspension, revocation, or denial of a professional license by a state licensing board or other governmental agency, or by another state or territory of the United States. A certified copy of the decision or judgment shall be conclusive evidence of that action.(e) The appearance of a certification holder on a certified list of persons (obligators) who have not complied with a judgment or court order to provide child support payments, pursuant to Family Code section 17520, and who fails to come into compliance within 150 days of issuance of a written notice of intent to suspend or withhold issuance or renewal of certification. Temporary certification will be offered for a period of 150 days, which, upon expiration, the temporary certification will be invalidated unless the Program has received a release from the local child support agency that submitted the name on the certified list.(f) The appearance of a certification holder on a certified list of persons who have outstanding tax obligations due to the Franchise Tax Board or the State Board of Equalization, pursuant to Business and Professions Code section 494.5, and who fails to come into compliance within 90 days of issuance of a written notice of intent to suspend or withhold issuance or renewal of certification. Temporary certification will be offered for a period of 90 days, which, upon expiration, the temporary certification will be invalidated unless the Program has received a release from the Franchise Tax Board or the State Board of Equalization that submitted the name on the certified list.(g) Acts involving dishonesty, fraud, or deceit with the intent to substantially benefit himself or herself or another, or substantially injure another.(h) Failure to immediately report to the Program information that affects good standing, and/or failure to provide documentation requested by the Program, including, but not limited to, certified court documents, certified court orders, sentencing documents, or documentation from a licensing board that led to a determination of suspension, revocation, or denial of a professional license.Cal. Code Regs. Tit. 21, § 161
1. New article 6 (sections 161-165) and section filed 5-9-2016; operative 5-9-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 20). Note: Authority cited: Section 4459.5, Government Code. Reference: Sections 31 and 494.5, Business and Professions Code; Section 17520, Family Code; and Section 4459.5, Government Code.
1. New article 6 (sections 161-165) and section filed 5-9-2016; operative 5/9/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 20).