Current through Public Act 156 of the 2024 Legislative Session
Section 339.734 - Prohibited conduct; penalties; report to department(1) A holder of a certificate, registration, or license as a certified public accountant or an individual exercising the practice privilege granted under section 727a and the firm employing that individual is subject to the penalties of section 602 for 1 or more of the following:(a) Fraud or deceit in obtaining a certificate or registration as a certified public accountant, a license to practice public accounting, or a practice privilege under this article.(b) Dishonesty, fraud, or negligence in the practice of public accounting.(c) Violation of a rule of professional conduct promulgated under this article.(d) Departure from standards of professional practice applicable to the engagement, at the time of engagement.(e) Conviction of a felony under the laws of this or another state or the United States or conviction of a crime, an element of which is dishonesty, fraud, or negligence, under the laws of this or another state or of the United States, including, but not limited to, the failure to file a personal federal, state, or local income tax return.(f) Cancellation, revocation, suspension, or refusal to renew authority to practice as a certified public accountant by another state or any jurisdiction of the United States for a cause other than failure to pay a licensure or other required fee in that state.(g) Suspension or revocation of the right to engage in the practice of public accounting before a state or federal agency or a public accounting oversight board.(h) Conduct discreditable to the public accounting profession.(i) Determination of mental incompetency by a court of law.(j) A violation of this article or a rule promulgated under this article.(k) A violation of the provisions of section 604.(l) A violation of professional standards regarding the issuance of reports on financial statements; 1 or more kinds of management advisory, financial advisory, or consulting services; the preparation of tax returns; or the furnishing of advice on tax matters.(2) Notwithstanding section 602(e), a person that violates this article or a rule or order promulgated or issued under or related to this article is liable for an administrative fine payable to the department of not more than $25,000.00 per violation.(3) Within 30 days after a final determination rendered by a federal or state administrative agency or a judgment or conviction issued by a federal court, a state court, or any other court of record, a licensee or registrant shall report to the department in writing or electronically a determination, order, judgment, or conviction regarding a violation in which dishonesty, fraud, or negligence is an element of that determination, order, judgment, or conviction.Amended by 2010, Act 215,s 7, eff. 11/23/2010.Amended by 2008, Act 161,s 6, eff. 6/11/2008.Amended by 2005, Act 278, s 8, eff. 12/19/2005.Add. 1997, Act 10, Imd. Eff. 5/16/1997.