Enforcement—grounds for discipline

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  • (a) After notice and hearing pursuant to this chapter, the Board may revoke any permit issued under sections 250c or 250d of this chapter or corresponding provisions of prior law or revoke or suspend any such permit, or refuse to renew any such permit for a period of not more than five years, reprimand, censure, or limit the scope of practice of any permittee; impose an administrative fine not exceeding $10,000 per violation; limit or revoke the practice privileges, and impose an administrative fine not exceeding $10,000 per violation of any individual under section 250q of this chapter, or place any permittee on probation, all with or without terms, conditions, and limitations, for any one or more of the following reasons:

    • (1) Dishonesty, fraud or deceit in obtaining a permit;

    • (2) Cancellation, revocation, suspension or refusal to renew a permit or privileges under section 250q for disciplinary reasons in any other state for any cause;

    • (3) Failure, on the part of a permittee under sections 250c or 250d, to maintain compliance with the requirements for issuance or renewal of such certificate or permit to report changes to the Board under sections 250c(f) or 250d(f);

    • (4) Revocation or suspension of the right to practice by any state or federal regulatory authority or by the PCAOB;

    • (5) Dishonesty, fraud, deceit or gross negligence in the performance of services as a permittee or individual granted privileges under section 250q or in the filing or failure to file one’s own income tax returns;

    • (6) Violation of any provision of this chapter or rule promulgated by the Board under this chapter or violation of professional standards;

    • (7) Violation of any rule of professional conduct promulgated by the Board under section 250a(g) of this chapter;

    • (8) Conviction of a felony, or of any other crime an element of which is dishonesty, fraud or deceit, under the laws of the United States, of the Territory, or of any state, if the acts involved would have constituted a crime under the laws of the Virgin Islands;

    • (9) Performance of any fraudulent act while holding a permit or privilege issued under this chapter or prior law;

    • (10) Any conduct reflecting adversely upon the permittee’s fitness to perform services while a permittee, or individual granted privileges under section 250q; or

    • (11) Making any false or misleading statement or verification, in support of an application for a permit filed by another.

  • (b) Fines as assessed under subsection (a) must be deposited in the Consumer Protection Fund of the Department of Licensing & Consumer Affairs. Recovered costs as assessed under subsection (a) must be deposited in the Virgin Islands Board of Public Accountancy Fund.

  • (c) In lieu of or in addition to any remedy specifically provided in subsection (a) of this section, the Board may require of a permittee either or both of the following:

    • (1) A peer review conducted in such fashion as the Board may specify; and

    • (2) Satisfactory completion of such continuing professional education programs as the Board may specify.

  • (d) In any proceeding in which a remedy provided by subsections (a) or (c) of this section is imposed, the Board may also require the respondent permittee to pay the costs of the proceeding.


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