§ 40-2-570 — Disciplinary action.

(A) After notice and hearing pursuant to Section 40-2-210, the board may revoke a license or permit as accounting practitioner issued under this article; suspend a license or permit for a period of not more than five years; reprimand, censure, or limit the scope of practice of a license or permit holder; impose an administrative fine not exceeding ten thousand dollars; or place a license or permit holder on probation, all with or without terms, conditions, and limitation for any one or more of these reasons: (1) fraud or deceit in obtaining a license or permit; (2) cancellation, revocation, or suspension of, or refusal to renew authority to engage in the practice of public accountancy in another state, territory of the United States, or the District of Columbia for any cause; (3) revocation or suspension of the right to practice before a state or federal agency; (4) dishonesty, fraud, or gross negligence in the practice of public accounting or in filing or failure to file the license or permit holder's own income tax return; (5) violation of a provision of this article or Article 1 or a regulation promulgated by the board under the authority granted by this chapter; (6) violation of a rule of professional conduct promulgated by the board under the authority granted by this chapter; (7) conviction of a felony or any crime, an element of which is dishonesty or fraud, under the laws of the United States, of this State, or another state if the acts involved would have constituted a crime under the laws of this State. The record of conviction or a copy of the record, certified by the clerk of court or the judge in whose court the conviction is had, is conclusive evidence of the conviction and "conviction" shall include a plea of guilty or a plea of nolo contendere; (8) performance of a fraudulent act while holding a license or permit under this article; or (9) conduct reflecting adversely upon the license or permit holder's fitness to engage in the practice of public accountancy. (B)(1) In lieu of or in addition to a remedy specifically provided in subsection (A), the board may require one or more of these requirements of a license or permit holder: (a) a quality review conducted in a fashion as the board may require; or (b) satisfactory completion of continuing professional education programs as the board may specify. (2) A "quality review" means a study, appraisal, or review of one or more aspects of the professional work of a person or firm in the practice of public accountancy by a person or persons who hold certificates or licenses and who are not affiliated with the person or firm being reviewed. (C) In a proceeding in which a remedy imposed by subsections (A) and (B) is imposed, the board also may require the respondent license or permit holder to pay the costs of the proceeding.

Legislative History

HISTORY: 1996 Act No. 453, SECTION 1; 2004 Act No. 289, SECTION 1; 2022 Act No. 174 (S.812), SECTION 1, eff May 16, 2022. Effect of Amendment 2022 Act No. 174, SECTION 1, in (A), substituted "Section 40-2-210" for "Section 40-2-310"; and redesignated (B) as (B)(1), (1) and (2) as (a) and (b), and inserted the (2) designator.