45:2B-59 Revocation of license, registration

573 words·~3 min read·/nj/title-45/chapter-2b/45-2b-59

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18. a. After notice and an opportunity to be heard, the board may: revoke any license or registration issued under P.L.1997, c.259 (C.45:2B-42 et seq.); suspend any license or registration or refuse to renew any license or registration; reprimand, censure, or limit the scope of practice of any licensee; impose an administrative fine; or place any licensee on probation, for any of the following reasons:

(1)Fraud, deceit or misrepresentation in obtaining a license or registration;

(2)Cancellation, revocation, suspension or refusal to renew the authority to engage in the practice of public accountancy in any other state for reasons consistent with this section;

(3)Failure, on the part of a holder of a license or registration, to maintain compliance with the requirements for issuance or renewal of that license or registration or to report changes to the board in the name or composition of any firm or individual licensed or registered in this State, or a change in the status of a license of a firm licensed in any other jurisdiction;

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

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

(6)Violation of any provision of this act or regulation promulgated by the board under P.L.1997, c.259 (C.45:2B-42 et seq.);

(7)Violation of any rule of professional conduct promulgated by the board under P.L.1997, c.259 (C.45:2B-42 et seq.);

(8)Conviction of a crime, an element of which is dishonesty or fraud, under the laws of the United States, of this State, or any other state, if the acts involved would have constituted a crime of the first, second, third or fourth degree under the laws of this State;

(9)Performance of any fraudulent act while holding a license or registration issued under P.L.1997, c.259 (C.45:2B-42 et seq.), or prior laws regulating accountants in this State;

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

(11)If the licensee is incapable for medical or any other good cause of discharging the functions of a licensee in the manner consistent with the public's health, safety and welfare; or

(12)The failure of an individual or a firm to have all the qualifications prescribed by any provision of P.L.1997, c.259 (C.45:2B-42 et seq.) under which the individual or firm qualified for registration or licensing.

b. The board may impose any other disciplinary sanction or civil penalties pursuant to the provisions of P.L.1978, c.73 (C.45:1-14 et seq.).

c. In lieu of or in addition to any remedy provided in subsection a. or b. of this section, the board may require of a licensee or registrant:

(1)A peer review conducted in a manner as specified by the board in accordance with the provisions of section 26 of P.L.1997, c.259 (C.45:2B-67).

(2)Satisfactory completion of continuing professional education programs required by the board pursuant to the provisions of section 27 or 30 of P.L.1997, c.259 (C.45:2B-68 or C.45:2B-71).

(3)Appropriate community service as the board may require.

d. In any proceeding in which a remedy provided by subsection a., b. or c. of this section is imposed, the board may also require the respondent licensee or registrant to pay the cost of the proceeding.

L.1997, c.259, s.18; amended 2019, c.10, s.9.