2910. Criteria of Substantial Relationship.

2910. Criteria of Substantial Relationship.
(a) When considering whether a license should be denied, suspended or revoked on the basis of the conviction of a
crime, or on the basis of an act described in Section 480(a)(2) of the Code, the crime or act may be deemed to be
substantially related to the qualifications, functions or duties of a licensee of the Department within the meaning of
Sections 480 and 490 of the Code if it involves any of the following characteristics:

(1) The fraudulent taking, obtaining, appropriating or retaining of funds or property belonging to another person.
(2) Counterfeiting, forging or altering of an instrument or the uttering of a false statement.
(3) Willfully attempting to derive a personal financial benefit through the nonpayment or underpayment of taxes,
assessments or levies duly imposed upon the licensee or applicant by federal, state, or local government.
(4) The employment of bribery, fraud, deceit, falsehood or misrepresentation to achieve an end.

(5) Sexually related conduct affecting a person who is an observer or non-consenting participant in the conduct or
convictions which require registration pursuant to the provisions of Section 290 of the Penal Code.

(6) Willfully violating or failing to comply with a provision of Division 4 of the Business and Professions Code of
the State of California.
(7) Willfully violating or failing to comply with a statutory requirement that a license, permit or other entitlement
be obtained from a duly constituted public authority before engaging in a business or course of conduct.
(8) Doing of any unlawful act with the intent of conferring a financial or economic benefit upon the perpetrator or
with the intent or threat of doing substantial injury to the person or property of another.
(9) Contempt of court or willful failure to comply with a court order.

(10) Conduct which demonstrates a pattern of repeated and willful disregard of law.
(11) Two or more convictions involving the consumption or use of alcohol or drugs when at least one of the
convictions involve driving and the use or consumption of alcohol or drugs.



(b) The conviction of a crime constituting an attempt, solicitation or conspiracy to commit any of the above enumerated
acts or omissions may also be deemed to be substantially related to the qualifications, functions or duties of a licensee
of the Department.

(c) The nature and gravity of the offense, the number of years that have elapsed since the date of the offense, and the
nature and duties of a real estate licensee shall be taken into consideration when determining whether to deem an offense
to be substantially related to the qualifications, functions or duties of a licensee. The Department’s consideration of
these factors in assessing the substantial relationship of an offense does not alter, or act in place of, consideration of
these same factors in the Criteria for Rehabilitation.