2010 Hawaii Code
DIVISION 2. BUSINESS
TITLE25. PROFESSIONS AND OCCUPATIONS
466. Public Accountancy
§466-9 Disciplinary action.

§466-9 Disciplinary action. [See effect of amendment note below.] (a) In addition to any other actions authorized by law, in accordance with chapter 91, the board may take the following action:

(1) Cancel or revoke any license or permit issued under section 466-5, 466-6, or 466-7, or corresponding provisions of prior law;

(2) Suspend a license or permit for a period of not more than two years;

(3) Refuse to renew a license or permit for a period of not more than two years;

(4) Reprimand, censure or limit the scope of practice of any licensee or firm;

(5) Impose an administrative fine not exceeding $1,000;

(6) Place a licensee or firm on probation;

(7) Require a firm to have a peer review conducted in the manner specified by the board; or

(8) Require a licensee to attain satisfactory completion of additional continuing professional education hours as specified by the board.

(b) In addition to any other grounds for disciplinary action authorized by law, any one or more of the following shall constitute grounds for disciplinary action:

(1) Fraud or deceit in obtaining a license or permit;

(2) Disciplinary action taken by another state where the license is canceled, revoked, suspended, denied, or refused renewal;

(3) Failure, on the part of a holder of a license or a permit under section 466-5, 466-6, or 466-7, to maintain compliance with the requirements for issuance of a license or a permit, or renewal of a license or permit, or to report changes to the board;

(4) Revocation or suspension of the right to practice before any state or federal agency;

(5) Dishonesty, deceit, fraud, or gross negligence in the practice of public accountancy or in the filing or failure to file a licensee's or firm's own income tax returns;

(6) Violation of any provision of this chapter or of any rule adopted by the board;

(7) Violation of any provision of professional conduct established by the board under this chapter;

(8) Conviction 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 act involved would have constituted a crime under the laws of this State;

(9) Performance of any fraudulent act while holding a license or permit issued under this chapter; or

(10) Any conduct reflecting adversely upon the licensee's or permit holder's fitness to engage in the practice of public accountancy.

(c) Upon application of any person against whom disciplinary action has been taken under subsection (a), the board, in accordance with chapter 91, may reinstate the person's license or permit to practice which was affected by the disciplinary action.

(1) The board shall specify the manner in which an application shall be made, the time within which it shall be made, and the circumstances under which the license may be reinstated; and

(2) Before reinstating, the board may:

(A) Require the applicant to show successful completion of specified continuing professional education; and

(B) Make the reinstatement of a license or permit conditional and subject to satisfactory completion of a peer review conducted in a manner as the board may specify. [L 1973, c 158, pt of §2; am L 1974, c 205, §2(27); am L 1989, c 110, §10; am L 1992, c 202, §165; am L 2010, c 66, §4]

Note

Effect of amendment. The 2010 amendments are effective one year after the board of public accountancy gives written notice to the legislature on the adoption of peer review rules. L 2010, c 66, §§7, 9.