A. The Board may enter into a confidential consent agreement with a person or firm in lieu of disciplinary action.
B. A confidential consent agreement:
1. Shall be entered into only in cases involving minor violations of the provisions of this chapter or regulations promulgated by the Board;
2. Shall not be disclosed by the person or firm;
3. Shall include findings of fact and may include an admission or a finding of a violation; and
4. Shall not be considered a notice or order of the Board but may be considered by the Board in future disciplinary proceedings.
C. The Board shall adopt regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) to implement the provisions of this section. Such regulations shall identify the type of minor violations for which confidential consent orders may be offered and limit the number of confidential consent orders that may be offered to the same licensee in any given period. The Board shall not enter into a confidential consent agreement if there is probable cause to believe a licensee has demonstrated gross negligence or intentional misconduct in the practice of public accounting.
2007, c. 804.
Structure Code of Virginia
Title 54.1 - Professions and Occupations
Chapter 44 - Public Accountants
§ 54.1-4401. Applicability of chapter
§ 54.1-4402. Board; membership; qualifications; powers and duties
§ 54.1-4403. General powers and duties of the Board
§ 54.1-4404. Board to employ Executive Director; legal counsel
§ 54.1-4405. Board of Accountancy Fund; receipts; disbursements
§ 54.1-4405.1. Board of Accountancy Trust Account; creation; expenditures; excess moneys
§ 54.1-4406. Powers and duties of the Executive Director
§ 54.1-4409.1. Licensing requirements for persons
§ 54.1-4409.2. How a person may obtain a Virginia license
§ 54.1-4411. Substantial equivalency provisions for persons who hold the license of another state
§ 54.1-4412.1. Licensing requirements for firms
§ 54.1-4413.3. Standards of conduct and practice
§ 54.1-4413.5. Confidential consent agreements
§ 54.1-4415. Exemptions from unlawful acts
§ 54.1-4416. Board's powers with respect to hearings under this chapter
§ 54.1-4418. Recovery of cost after grant of formal fact-finding
§ 54.1-4423. Use of consultants in investigations
§ 54.1-4424. Certain information not to be made public
§ 54.1-4425. Time for filing complaints against CPAs or CPA firms