(a) For the purpose of denial, suspension, or revocation of the certification of a geologist-in-training or license of a geologist, specialty geologist, geophysicist, or specialty geophysicist pursuant to Section 141, Division 1.5 (commencing with Section 475), subdivision (b)(1) of Section 7860, subdivision (a) of Section 7860.1, or Section 7863 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 geologist, specialty geologist, geophysicist, or specialty geophysicist if to a substantial degree it evidences present or potential unfitness of such geologist or geophysicist 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: (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 professional geologist or geophysicist.(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 12.5 of Division 3 of the Business and Professions Code or other state or federal laws governing the practice of geology or geophysics or aiding and abetting any person in such a violation;(2) A conviction of a crime arising from or in connection with the practice of geology or geophysics.Cal. Code Regs. Tit. 16, § 3060
1. New Article 5 (Section 3060) filed 1-24-74; effective thirtieth day thereafter (Register 74, No. 4).
2. Repealer and new section filed 6-13-75; effective thirtieth day thereafter (Register 75, No. 24).
3. Amendment of NOTE filed 6-27-83; effective thirtieth day thereafter (Register 83, No. 27).
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 and 7818, Business and Professions Code. Reference: Sections 141, 480, 481, 490, 493, 7860, 7860.1 and 7863, Business and Professions Code.
1. New Article 5 (Section 3060) filed 1-24-74; effective thirtieth day thereafter (Register 74, No. 4).
2. Repealer and new section filed 6-13-75; effective thirtieth day thereafter (Register 75, No. 24).
3. Amendment of NOTE filed 6-27-83; effective thirtieth day thereafter (Register 83, No. 27).
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.