Ohio Code 4701.16 – Disciplinary actions
(A) After notice and hearing as provided in Chapter 119 of the Revised Code, the accountancy board may discipline as described in division (B) of this section a person holding an Ohio permit, an Ohio registration, a firm registration, a CPA certificate, or a PA registration or any other person whose activities are regulated by the board for any one or any combination of the following causes:
Terms Used In Ohio Code 4701.16
- Conviction: A judgement of guilt against a criminal defendant.
- CPA certificate: means a certificate issued under section 4701. See Ohio Code 4701.01
- Equity interest: means any capital interest or profit interest in a sole proprietorship, partnership, professional association, corporation-for-profit, limited liability company, or other business organization. See Ohio Code 4701.01
- Foreign certificate: means a license, permit, certificate, or registration issued to a certified public accountant under the laws of another state that authorizes the holder to practice public accounting in that state, is valid, is in good standing, and has not expired. See Ohio Code 4701.01
- Fraud: Intentional deception resulting in injury to another.
- Ohio permit: means a permit to practice public accounting issued under division (A) of section 4701. See Ohio Code 4701.01
- Ohio registration: means the registration under division (B) of section 4701. See Ohio Code 4701.01
- PA registration: means registration as a public accountant under section 4701. See Ohio Code 4701.01
- Peer review: means a study, appraisal, or review of one or more aspects of the professional work of a public accounting firm that meets the standards and requirements set forth by the accountancy board. See Ohio Code 4701.01
- Person: means any individual, corporation-for-profit, business trust, estate, partnership, limited liability company, professional association, or other business organization. See Ohio Code 4701.01
- Practice of public accounting: means performing or offering to perform any engagement that will result in the issuance of an attest report and, with respect to a person who holds a CPA certificate, PA registration, foreign certificate, or firm registration, any other services involving the use of accounting or auditing skills as established by rules adopted by the accountancy board. See Ohio Code 4701.01
- Public accounting firm: means a sole proprietorship, a partnership, a limited liability company, a professional association, a corporation-for-profit, or any other business organization that is engaged in the practice of public accounting in this state. See Ohio Code 4701.01
- Qualified firm: means a sole proprietorship, partnership, professional association, corporation-for-profit, limited liability company, or other business organization in which the individuals who own a majority of the business organization interests in the business organization and control the business organization hold an Ohio permit or a foreign certificate. See Ohio Code 4701.01
- registered firm: means registration as a public accounting firm under section 4701. See Ohio Code 4701.01
- Rule: includes regulation. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
- United States: includes all the states. See Ohio Code 1.59
(1) Fraud or deceit in obtaining a firm registration or in obtaining a CPA certificate, a PA registration, an Ohio permit, or an Ohio registration;
(2) Dishonesty, fraud, or gross negligence in the practice of public accounting;
(3) Violation of any of the provisions of section 4701.14 of the Revised Code;
(4) Violation of a rule of professional conduct promulgated by the board under the authority granted by this chapter;
(5) Conviction of a felony under the laws of any state or of the United States;
(6) Conviction of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States;
(7) Cancellation, revocation, suspension, or refusal to renew authority to practice as a certified public accountant, a public accountant, or a public accounting firm by any other state, for any cause other than failure to pay registration fees in that other state;
(8) Suspension or revocation of the right to practice before any state or federal agency;
(9) Failure of a holder of a CPA certificate or PA registration to obtain an Ohio permit or an Ohio registration, or the failure of a public accounting firm to obtain a firm registration;
(10) Conduct discreditable to the public accounting profession or to the holder of an Ohio permit, Ohio registration, or foreign certificate;
(11) Failure of a public accounting firm to comply with section 4701.04 of the Revised Code.
(B) For any of the reasons specified in division (A) of this section, the board may do any of the following:
(1) Revoke, suspend, or refuse to renew any CPA certificate or PA registration or any Ohio permit, Ohio registration, or firm registration;
(2) Disqualify a person who is not a holder of an Ohio permit or a foreign certificate from owning an equity interest in a public accounting firm or qualified firm;
(3) Publicly censure a registered firm or a holder of a CPA certificate, a PA registration, an Ohio permit, or an Ohio registration;
(4) Levy against a registered firm or a holder of a CPA certificate, a PA registration, an Ohio permit, or an Ohio registration a penalty or fine not to exceed five thousand dollars for each offense. Any fine shall be reasonable and in relation to the severity of the offense.
(5) In the case of violations of division (A)(2) or (4) of this section, require completion of remedial continuing education programs prescribed by the board in addition to those required by section 4701.11 of the Revised Code;
(6) In the case of violations of division (A)(2) or (4) of this section, require the holder of a CPA certificate, PA registration, or firm registration to submit to a peer review by a professional committee designated by the board, which committee shall report to the board concerning that holder’s compliance with generally accepted accounting principles, generally accepted auditing standards, or other generally accepted technical standards;
(7) Revoke or suspend the privileges to offer or render attest services in this state or to use a CPA title or designation in this state of an individual who holds a foreign certificate.
(C) If the board levies a fine against or suspends the certificate of a person or registration of a person or firm for a violation of division (A)(2) or (4) of this section, it may waive all or any portion of the fine or suspension if the holder of the CPA certificate, PA registration, or firm registration complies fully with division (B)(5) or (6) of this section.
(D) A person engaged in the practice of public accounting shall not be subject to discipline by the accountancy board solely because the person provided professional accounting services to the holder of a license under Chapter 3796 of the Revised Code.