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California's Broad Definition of "Substantially Related"

By Neil Shouse, Esq.

California professional boards discipline their members when they are convicted of crimes that are ?substantially related to the qualifications, functions, or duties of their professions?. I don?t think anyone can reasonably argue that this rule is irrational. It furthers an important public policy. So now let?s take a look at the definition of a ?substantially related? conviction. A substantially related conviction is one that "evidences present or potential unfitness of a licensee or registrant to perform the functions authorized by his license or registration in a manner consistent with the public health, safety, or welfare." Still valid. What is invalid and completely illogical is how courts apply this definition to criminal activity...continue to full post

Full post as published by DUI Blogger on July 14, 2010 (boomark / email).