(a) The Board may initiate proceedings under this chapter either on its own motion or on the complaint of any person.
(b) A written notice stating the nature of the charge or charges against the accused and the time and place of the hearing before the Board or its designee on such charges must be served on the accused not less than 30 days prior to the date of the hearing either personally or by mailing a copy thereof by registered mail to the address of the accused last known to the Board.
(c) If, after having been served with the notice of hearing as provided for in subsection (b) of this section, the accused fails to appear at the hearing and defend, the Board or its designee may proceed to hear evidence against the accused and may enter such order as justified by the evidence. The order is final unless the accused petitions for a review thereof as provided in this section. However, within 30 days from the date of any order, upon a showing of good cause for failing to appear and defend, the Board or its designee may reopen the proceedings and may permit the accused to submit evidence on the accused’s behalf.
(d) At any hearing the accused may appear in person and by counsel, produce evidence and witnesses on the accused’s own behalf, cross-examine witnesses and examine such evidence as may be produced against the accused. The accused is entitled, on application to the Board, to the issuance of subpoenas to compel the attendance of witnesses on the accused’s behalf.
(e) The Board or its designee may issue subpoenas to compel the attendance of witnesses and the production of documents, and may administer oaths, take testimony, hear proofs and receive exhibits in evidence in connection with or upon hearing under this chapter. In case of disobedience to a subpoena the Board may invoke the aid of any court of the Virgin Islands in requiring the attendance and testimony of witnesses and the production of documentary evidence.
(f) The Board is not bound by technical rules of evidence.
(g) A transcript of the hearing must be kept and filed with the Board.
(h) At all hearings the Attorney General for the Virgin Islands or the Attorney General’s designee shall appear and represent the Board.
(i) The decision of the Board must be by the majority vote of the Board.
(j) Any person adversely affected by any order of the Board may obtain a review of the order by filing a written petition for review with the Superior Court within 30 days after the entry of the order. The petition must state the grounds upon which the review is asked and must pray that the order of the Board be modified or set aside in whole or in part. A copy of such petition must be forthwith served upon any member of the Board and thereupon the Board shall certify and file in the court a transcript of the record, upon which the order complained of was entered. The case must then be tried de novo on the record but the parties must be permitted to file briefs as in an ordinary case at law. The Court may affirm, modify or set aside the Board’s order in whole or in part, or may remand the case to the Board for further evidence and may in its discretion stay the effect of the Board’s order pending its determination of the case. The court’s decision has the force of a decree in equity.
(k) In any case where the Board renders an order imposing discipline against a permittee or an individual granted privileges under section 250q of this chapter, the Board shall examine its records to determine whether the individual or firm holds a license or practice privilege in any other state or is subject to the PCAOB’s authority; and if so, the Board shall notify the State Boards of Accountancy and any other regulatory authorities, including the PCAOB if applicable, of its decision immediately in the case of a consent order and in all other cases when the time for giving notice of an appeal from the Board’s order has expired. The notice must indicate whether or not the subject order has been appealed and whether or not the subject order has been stayed. In the alternative, the Board may report such disciplinary actions to a multistate enforcement information network. Subject to section 250a(i) of this chapter, the Board may also furnish investigative information and the hearing record relating to proceedings resulting in disciplinary action in such cases to such other regulatory authorities upon request.