Cal. Code Regs. tit. 5 § 75060

Current through Register 2024 Notice Reg. No. 24, June 14, 2024
Section 75060 - Substantial Relationship Criteria

In determining whether any of the grounds for denial set forth in Section 480 of the Business and Professions Code exist, a crime or act shall be considered substantially related to the qualifications, functions, or duties of any owner, corporate director or member of the governing board, officer, or administrator under any of the following circumstances:

(a) The crime or act involves any violation of the Act or this chapter, Title IV of the federal Higher Education Act of 1965 (20 U.S.C. § 1070, et seq.), the closure of an institution, fraud or misrepresentation, breach of fiduciary duty, any type of forgery or theft, or any type of dishonesty causing any financial loss.
(b) The crime, to a substantial degree, evidences present or potential unfitness to perform the functions and duties authorized or required by the Act or this chapter in a manner consistent with the public health, safety, or welfare, including a crime prohibited by Title 8 (commencing with Section 187) or Title 9 (commencing with Section 261) of the Penal Code.

Cal. Code Regs. Tit. 5, § 75060

1. New article 3 (sections 75060-75500) and renumbering of former section 74120 to new section 75060, including amendment of section and NOTE, filed 3-28-2011; operative 4-27-2011 (Register 2011, No. 13).

Note: Authority cited: Sections 94877, 94885 and 94932, Education Code. Reference: Sections 480 and 481, Business and Professions Code; and Sections 94885, 94887, 94932 and 94937, Education Code.

1. New article 3 (sections 75060-75500) and renumbering of former section 74120 to new section 75060, including amendment of section and Note, filed 3-28-2011; operative 4-27-2011 (Register 2011, No. 13).