N.H. Admin. Code § Ac 402.04

Current through Register No. 50, December 12, 2024

Section Ac 402.04 - Suspension

(a) "Suspension" means the temporary withdrawal, after notice and opportunity for hearing, of any authority, or privileges that were granted to a CPA, PA, or firm through the issuance of a certificate, registration, or permit pursuant to RSA 309-B.

(b) The sanction of suspension shall be imposed only after notice and opportunity for a hearing in those cases in which the board determines that:

(1) At least one of the following is true

a.A CPA, PA, or firm has engaged in misconduct, violated any board rule, or violated a statutory requirement; or

b.A CPA, PA, or firm's certificate, permit, or registration, or their analogues, to practice public accountancy in any other state has been suspended;

(2) The board determined that, based upon the facts of the case, imposition of a primary sanction alone would not protect the public; and

(3) The board determined that, based upon the facts of the case, imposition of a revocation would not be necessary to protect the public.

(c) The suspension decision and order issued by the board shall address:

(1) The specific violation(s) upon which the order is based, including a discussion of any applicable aggravating or mitigating factors;

(2) The process by which the licensee may appeal the decision and order;

(3) The minimum period of time during which the suspension shall remain in effect;

(4) The corrective actions which the licensee is required to take before reinstatement can be granted; and

(5) Any recommendations the board has with respect to avoiding the same or similar violations in the future.

(d) The minimum period for suspension shall be that amount of time necessary for the CPA, PA, or firm to take corrective action ordered by the board and return to compliance. Suspension shall have no effect upon the expiration of a certificate, registration, or permit. Specifically, suspension shall not cause expiration to be advanced or delayed.

(e) Upon receipt of a suspension order from the board, the CPA, PA, or firm shall immediately cease holding itself out to the public as a CPA, PA, or firm. Further, such CPA, PA, or firm shall immediately cease engaging in any act for which certification, registration, or a permit is required until the board grants reinstatement pursuant to (g), below.

(f) Failure to comply with (e) above, shall constitute separate grounds for further disciplinary action.

(g) A CPA, PA, or firm seeking reinstatement shall petition the board, providing documentation of all corrective actions taken. The board shall review the petition and supporting documentation and grant the petition if it determines that all corrective action ordered by the board has, in fact, been taken and the CPA, PA, or firm has returned to compliance. If the board does not grant the petition it shall so notify the petitioner and provide the opportunity for a hearing.

N.H. Admin. Code § Ac 402.04

Adopted by Volume XXXV Number 01, Filed January 8, 2015, Proposed by #10746, Effective 1/1/2015, Expires1/1/2025.