Rhode Island General Laws 5-3.1-12. Revocation or suspension of certificate, authority, or permit
(a) After notice and a hearing as provided in § 5-3.1-14, the board may:
(1) Suspend or revoke any certificate issued under § 5-3.1-5, or any predecessor provision, and any authority as a public accountant issued under the prior laws of this state;
(2) Revoke or suspend any permit issued under § 5-3.1-7, § 5-3.1-8, § 5-3.1-9, or their predecessor provisions; and
(3) Reprimand or censure in writing; limit the scope of practice; impose an administrative fine upon, not to exceed one thousand dollars ($1,000); or place on probation, all with or without terms, conditions, or limitations, a licensee, for any of the causes specified in subsection (b).
Terms Used In Rhode Island General Laws 5-3.1-12
- Authority: means an authority to practice as a public accountant in this state granted by the public accountants advisory commission under former § 5-3-6 (P. See Rhode Island General Laws 5-3.1-3
- Board: means the board of accountancy, a public authority created by Rhode Island General Laws 5-3.1-3
- Certificate: means a certificate as certified public accountant issued under this chapter or corresponding provisions of prior law, or a corresponding certificate as certified public accountant issued after examination under the law of any other state. See Rhode Island General Laws 5-3.1-3
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Licensee: means the holder of a certificate, authority, or permit issued under this chapter or under the prior laws of this state. See Rhode Island General Laws 5-3.1-3
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Permit: means a permit to practice public accountancy issued under Rhode Island General Laws 5-3.1-3
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: means the states of the United States, the District of Columbia, Puerto Rico, Guam, and the U. See Rhode Island General Laws 5-3.1-3
(b) The board may take action specified in subsection (a) for any one or more of the following causes:
(1) Fraud or deceit in obtaining a certificate or permit under this chapter;
(2) Dishonesty, fraud, or gross negligence in the practice of public accounting or in the filing, or failing to file, the licensee’s own income tax returns;
(3) Violation of any of the provisions of this chapter;
(4) Violation of any rules and regulations, including, but not limited to, any rules of professional conduct promulgated by the board under the authority granted by this chapter;
(5) Conviction of, or pleading guilty or nolo contendere to, a crime or an act constituting a crime of forgery, embezzlement, obtaining money under false pretenses, bribery, larceny, extortion, conspiracy to defraud, misappropriation of funds, tax evasion, or any other similar offense, in a court of competent jurisdiction of this or any other state or in federal court;
(6) Cancellation, revocation, or suspension of, or refusal to renew, the licensee’s certificate or permit from another state by the other state for any cause other than failure to pay a fee or to meet the requirements of continuing education in that other state;
(7) Suspension or revocation of the right to practice public accounting before any state or federal agency;
(8) As to accountants licensed by foreign countries, cancellation, revocation, suspension, or refusal to renew the person‘s certificate, license, or degree evidencing his or her qualification to practice public accounting by the foreign country issuing the certificate, license, or degree, the certificate, license, or degree having qualified the accountant for issuance of an annual limited permit to practice under § 5-3.1-8;
(9) Failure to furnish the board, or any persons acting on behalf of the board, any information that is legally requested by the board;
(10) Any conduct reflecting adversely upon the licensee’s fitness to engage in the practice of public accountancy; and
(11) Any other conduct discreditable to the public accounting profession.
History of Section.
P.L. 1995, ch. 159, § 2; P.L. 1999, ch. 354, § 2; P.L. 2016, ch. 344, § 1; P.L. 2016, ch. 362, § 1; P.L. 2016, ch. 376, § 1; P.L. 2016, ch. 392, § 1; P.L. 2021, ch. 400, § 1, effective July 13, 2021; P.L. 2021, ch. 401, § 1, effective July 13, 2021.