(a) An application for certification may be denied or an instructor may be decertified for the following reasons: (1) Failure to comply with the provisions of Section 3340.33 of this article; or(2) Misrepresentation of a material fact in obtaining certification as an instructor; or(3) Failure to instruct students in a competent manner in accordance with the specifications of the bureau-prescribed course; or(4) Suspension or revocation of any bureau-issued license, registration, or qualification certificate held by the instructor if the grounds for suspension or revocation are substantially related to the qualifications of the instructor to teach bureau-prescribed courses of instruction; or(5) Conviction of a crime or conduct which would be cause for denial of a license pursuant to Section 480 of the Business and Professions Code, or for suspension or revocation of a license pursuant to Section 490 of the Business and Professions Code.(b) Instructors may be recertified as follows: (1) Upon completion of an application for recertification; and(2) Upon determination by the bureau that the instructor is again qualified to instruct students. In considering whether to make such determination, the bureau will evaluate the rehabilitation of the applicant based upon the criteria set forth in Section 3395 of this Chapter.(c) Any decertification proceeding under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Division 3, Title 2 of the Government Code.Cal. Code Regs. Tit. 16, § 3340.33.1
1. New section filed 6-21-89; operative 6-21-89 (Register 89, No. 25).
2. Amendment of section heading and NOTE filed 6-23-95 as an emergency; operative 6-23-95 (Register 95, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-21-95 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-23-95 order transmitted to OAL 10-20-95 and filed 12-6-95 (Register 95, No. 49). Note: Authority cited: Section 44002, Health and Safety Code. Reference: Sections 44030.5, 44045.6 and 44050, Health and Safety Code; Sections 480 and 490, Business and Professions Code; and Section 11500, et. seq., Government Code.
1. New section filed 6-21-89; operative 6-21-89 (Register 89, No. 25).
2. Amendment of section heading and Note filed 6-23-95 as an emergency; operative 6-23-95 (Register 95, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-21-95 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-23-95 order transmitted to OAL 10-20-95 and filed 12-6-95 (Register 95, No. 49).