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Chapter 5. Enforcement and Discipline. Standards Related to Denial, Discipline, and Reinstatement of Approvals to Operate. Substantial Relationship Criteria.   

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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.

Authority cited:

Education Code 94877

Education Code 94885

Education Code 94932

Reference:

Business and Professions Code 480

Business and Professions Code 481

Education Code 94885

Education Code 94887

Education Code 94932

Education Code 94937

(New by Register 2011, No. 13.)