(a) After notice and hearing pursuant to section 20-280c, the board may revoke any certificate, license or permit issued under section 20-281c, 20-281d or 20-281e or the practice privilege of an individual who qualifies under section 20-281n; suspend any such certificate, registration, license, practice privilege or permit or refuse to renew any such certificate, license or permit; reprimand, censure, or limit the scope of practice of any licensee or individual that qualifies for the practice privilege; impose a civil penalty not exceeding fifty thousand dollars upon licensees, individuals who qualify for the practice privilege or others violating provisions of section 20-281g; place any licensee or individual that qualifies for the practice privilege on probation, all with or without terms, conditions and limitations; or deny an application of an individual, for any one or more of the following reasons:
(1) Fraud or deceit in obtaining a certificate, registration, license, practice privilege or permit;
(2) Cancellation, revocation, suspension or refusal to renew authority to engage in the practice of public accountancy in any other state for any cause;
(3) Failure, on the part of a holder of a license or permit under section 20-281d or 20-281e, to maintain compliance with the requirements for issuance or renewal of such license or permit or to report changes to the board under subsection (h) of section 20-281d or subsection (f) of section 20-281e;
(4) Revocation, limitation or suspension of the right to practice before any state or federal agency or the Public Company Accounting Oversight Board under the Sarbanes-Oxley Act of 2002, or any of the following actions taken by any such state or federal agency or said board against a licensee or individual who qualifies for the practice privilege: (A) Suspension of or barring a licensee from serving as a corporate officer or director, (B) requiring such individual or licensee to disgorge funds, or (C) suspension or barring such individual or a licensee from association with a public accounting firm;
(5) Dishonesty, fraud or negligence in the practice of public accountancy or in the filing or failure to file his own income tax returns;
(6) Violation of any provision of sections 20-279b to 20-281m, inclusive, or regulation adopted by the board under said sections;
(7) Violation of any rule of professional conduct adopted by the board under subdivision (4) of subsection (g) of section 20-280;
(8) (A) Conviction of a felony, provided any action taken is based upon (i) the nature of the conviction and its relationship to the certificate or license holder's ability to safely or competently engage in the practice of public accountancy, (ii) information pertaining to the degree of rehabilitation of the certificate or license holder, and (iii) the time elapsed since the conviction or release, or (B) of any crime an element of which is dishonesty or fraud, under the laws of the United States, of this state, or of any other state if the acts involved would have constituted a crime under the laws of this state, subject to the provisions of section 46a-80;
(9) Performance of any fraudulent act while holding a registration, certificate, license, practice privilege or permit issued under sections 20-279b to 20-281m, inclusive, or prior law;
(10) Any conduct reflecting adversely upon the licensee's fitness to engage in the practice of public accountancy; and
(11) Violation by anyone of any provision of section 20-281g.
(b) In lieu of or in addition to any remedy specifically provided in subsection (a) of this section, the board may require a licensee or individual who qualifies for a practice privilege to: (1) Submit to a quality review conducted in such fashion as the board may specify; or (2) complete such continuing professional education programs as the board may specify, or both.
(c) In any proceeding in which a remedy provided by subsection (a) or (b) of this section is imposed, the board may also require the respondent to pay the costs of the proceeding.
(P.A. 92-212, S. 8; P.A. 03-259, S. 42; P.A. 08-52, S. 3; P.A. 22-88, S. 18.)
History: P.A. 03-259 amended Subsec. (a) by increasing maximum civil penalty from $1,000 to $50,000 and substantially revising Subdiv. (4) re disciplinary actions; P.A. 08-52 added provisions re practice privilege throughout, effective May 12, 2008; P.A. 22-88 added provision re application denial in Subsec. (a) and in Subsec. (a)(8) added provisos re felony conviction.
Structure Connecticut General Statutes
Chapter 389 - Public Accountants
Section 20-279 and 20-279a. - Board of Accountancy. Definitions.
Section 20-279b. - Definitions.
Section 20-280a. - Comptroller to perform fiscal duties of and provide clerical assistance to board.
Section 20-280b. - Hearing. Order to discontinue violation. Civil penalty.
Section 20-280c. - Investigation of complaints.
Section 20-281. - Permit to practice. Quality review.
Section 20-281h. - Violations. Fine or imprisonment.
Section 20-281j. - Confidentiality of client information.