Section 416 - Substantial Relationship Criteria(a) For the purpose of denial, suspension, or revocation of the certification of an engineer-in-training or a land surveyor-in-training or license of a professional engineer or a land surveyor pursuant to Section 141, Division 1.5 (commencing with Section 475), subdivision (a) of Section 6775, subdivision (a) of Section 6775.1, Section 6779, subdivision (e) of Section 8780, subdivision (a) of Section 8780.1, or Section 8783 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 professional engineer or land surveyor if, to a substantial degree, it evidences present or potential unfitness of a professional engineer or land surveyor 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 engineer or land surveyor.(c) For purposes of subdivision (a), substantially related crimes, professional misconduct, or acts shall include, but are not limited to, the following:(1) For engineers-in-training and professional engineers, any violations of the provisions of the Professional Engineers Act or other state or federal laws governing the practice of professional engineering or aiding and abetting any person in such a violation;(2) For land surveyors-in-training and professional land surveyors, any violations of the provisions of the Professional Land Surveyors' Act or other state or federal laws governing the practice of land surveying or aiding and abetting any person in such a violation;(3) A conviction of a crime arising from or in connection with the practice of professional engineering or land surveying.Cal. Code Regs. Tit. 16, § 416
1. New section filed 5-29-75; effective thirtieth day thereafter (Register 75, No. 22).
2. Amendment filed 8-10-83; effective thirtieth day thereafter (Register 83, No. 33).
3. Change without regulatory effect amending section and NOTE filed 4-19-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 17).
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, 6716 and 8710, Business and Professions Code. Reference: Sections 141, 480, 481, 490, 493, 6775, 6775.1, 6779, 8780, 8780.1 and 8783, Business and Professions Code.
1. New section filed 5-29-75; effective thirtieth day thereafter (Register 75, No. 22).
2. Amendment filed 8-10-83; effective thirtieth day thereafter (Register 83, No. 33).
3. Change without regulatory effect amending section and Note filed 4-19-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 17).
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.