Section 30105 - Deliberate Misconduct(a) A user, applicant for a license or registration, employee of a user or applicant, or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any user or applicant for a license or registration, who knowingly provides to any user, applicant, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a user's or applicant's activities subject to this regulation, shall not: (1) Engage in deliberate misconduct, as defined in subsection (c), that causes or would have caused, if not detected, a user or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued by the Department; or(2) Deliberately submit to the Department, a user, an applicant, or a user's or applicant's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the Department.(b) A person who violates subsection (a) shall be subject to enforcement action in accordance with the Act.(c) For the purposes of subsection (a), deliberate misconduct by a person means an intentional act or omission that the person knows: (1) Would cause a user or applicant to be in violation of any rule, regulation, or order, or any term, condition, or limitation, or any license or registration issued by the Department; or(2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a user, applicant, contractor, or subcontractor.Cal. Code Regs. Tit. 17, § 30105
1. New section filed 12-29-2005; operative 1-28-2006 (Register 2005, No. 52). For prior history of former article 2 (section 30105), see Register 85, No. 48. Note: Authority cited: Sections 100170, 100275, 115000, 115230 and 115235, Health and Safety Code. Reference: Sections 114965, 114970, 115000, 115215, 115230 and 115235, Health and Safety Code.
1. New section filed 12-29-2005; operative 1-28-2006 (Register 2005, No. 52). For prior history of former article 2 (section 30105), see Register 85, No. 48.