Enforcement and Grounds for Discipline

(a)After notice and hearing pursuant to § 35111 of this Chapter, the Board may revoke any certificate, licenses, or Firm Permit to Practice issued under § 35105, § 35106, or § 35107 or corresponding provisions of prior law, or revoke or limit privileges under § 35122; suspend any such certificate, license or Firm Permit to Practice or refuse to renew any such certificate, license, or Firm Permit to Practice for a period of not more than five

(5)years; reprimand, censure, or limit the scope of practice of any licensee; impose an administrative fine not exceeding Five Thousand Dollars ($5,000), or place any licensee on probation, all with or without terms, conditions, and limitations, for any one

(1)or more of the following reasons:

(1)Dishonesty, fraud or deceit in obtaining a license; COL4122017 CH. 35 ACCOUNTANCY

(2)Cancellation, revocation, suspension, or refusal to renew a license or privileges under § 35122 for disciplinary reasons in any other state for any cause;

(3)Failure, on the part of a licensee under § 35106 or Firm Permit to Practice under § 35107, to maintain compliance with the requirements for issuance, or renewal of such license or Firm Permit to Practice, or to report changes to the Board under § 35106(g) or § 35107(g);

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

(5)Dishonesty, fraud, deceit or gross negligence in the performance of services as a licensee or individual granted privileges under § 35122, or in the filing or failure to file one’s own income tax returns, or other required tax filings;

(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 § 35104(h)(4) of this Chapter;

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

(9)Performance of any fraudulent act while holding a certificate, license, Firm Permit to Practice, or § 35122 privilege issued under this Chapter, or prior law;

(10)Any conduct reflecting adversely upon the licensee’s fitness to perform services while a licensee, or individual granted privileges under § 35122;

(11)Making any false or misleading statement or verification, in support of an application for a certificate or Firm Permit to Practice filed by another; or

(12)Failure to pay child support as determined by the Child Support Enforcement Division of the Office of the Attorney General of Guam. COL4122017 CH. 35 ACCOUNTANCY

(b)In lieu of, or in addition to any remedy specifically provided in § 35109(a), the Board may require of a licensee or the holder of a certificate under § 35105, or prior law:

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

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

(c)In any proceeding in which a remedy provided by § 35109(a) or § 35109(b) is imposed, the Board may also require the respondent licensee to pay the costs of the proceeding and fees including reasonable attorneys fees incurred by the Board.