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§ 3722. Criteria of Substantial Relationship.


Barclays Official California Code of Regulations Currentness
Title 10. Investment
Chapter 6.5. Real Estate Appraisers
Article 12. Discipline
10 CCR § 3722
§ 3722. Criteria of Substantial Relationship.
(a) A crime or act shall be deemed to be substantially related to the qualifications, functions or duties of an appraiser if, to a substantial degree, it evidences present or potential unfitness of a person holding a license to perform the functions authorized by his/her license. The crimes or acts include, but are not limited to, the following:
(1) Crimes or Acts involving the use of fraud, deceit or dishonesty for profit or gain;
(2) Taking, appropriating or retaining the funds or property of another;
(3) Forging, counterfeiting or altering any instrument affecting the rights or obligations of another;
(4) Evasion of a lawful debt or obligation, including but not limited to tax obligations;
(5) Traffic in any narcotic or controlled substance in violation of law;
(6) Driving under the influence of alcohol or drugs, while conducting business related to real estate appraisals; conviction of felony driving under the influence of alcohol or drugs; or conviction of two or more misdemeanor driving under the influence of alcohol or drugs within any three year period, whether or not while conducting business:
(7) Violation of a relation of trust or confidence;
(8) Theft of personal property or funds;
(9) Crimes or acts of violence or threatened violence against persons or property;
(10) The commission of any crime or act punishable as a sexually related crime, if that crime or act is substantially related to the duties and functions of the licensee; or
(11) Misrepresentation of facts or information on the appraisal license application and/or cheating on the examination.
(b) An act or crime shall be deemed to be substantially related to the functions, duties or qualifications of an appraiser if it involves any willful violation of the Real Estate Appraisers' Licensing and Certification Act or provisions of the Business and Professions Code applicable to appraisers.
(c) The weight to be accorded to a substantially related crime or act under (a) or (b) shall be determined by application of the following standards:
(1) The extent to which the particular acts or omissions have adversely affected other persons, including but not limited to lenders, clients, employers or other persons; and the probability that such adverse effects will continue;
(2) The recency or remoteness in time of the acts or omissions;
(3) The type of license applied for or held by the person involved;
(4) The extenuating or aggravating circumstances surrounding the acts or omissions;
(5) The motivation of the acts or omissions, whether praiseworthy or blameworthy;
(6) The probability that the questioned acts or omissions will continue or be repeated; and
(7) The extent to which disciplinary action may inflict an adverse impact or chilling effect upon the constitutional rights of the person involved or other licensed persons.
Note: Authority cited: Section 11313 and 11314, Business and Professions Code. Reference: Sections 481 and 482, Business and Professions Code.
1. Renumbering and amendment of former section 3551 to new section 3722 filed 11-1-96; operative 11-1-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 44). For prior history, see Register 94, No. 23.
2. Amendment of subsection (a), new subsection (a)(1), repealer of subsection (a)(9), subsection renumbering, amendment of newly designated subsections (a)(6) and (a)(9) and new subsections (a)(10)-(11) filed 8-24-2010; operative 9-23-2010 (Register 2010, No. 35).
This database is current through 6/19/20 Register 2020, No. 25
10 CCR § 3722, 10 CA ADC § 3722
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