CHAPTER 8. ENFORCEMENT
IC 25-2.1-8
Chapter 8. Enforcement
IC 25-2.1-8-1
Sanctions and disciplinary action; investigating complaints
Sec. 1. (a) The board may impose sanctions for any of thefollowing reasons:
(1) A violation of IC 25-1-11-5.
(2) Revocation or suspension of the right to practice before astate or federal agency.
(3) Dishonesty, fraud, or gross negligence in the practice ofaccountancy or in the filing of or failure to file the licensee'sown income tax returns.
(4) Any conduct reflecting adversely on the licensee's fitness toengage in the practice of accountancy.
(5) Failure to complete continuing education requirementssatisfactorily.
(6) Failure to furnish evidence, when required, of satisfactorycompletion of continuing education requirements.
(b) A holder of a CPA certificate issued under this article issubject to disciplinary action in this state if the CPA certificateholder:
(1) offers or renders services or uses the CPA title in anotherstate; and
(2) commits an act in that other state for which the CPAcertificate holder would be subject to discipline in the otherstate if the CPA certificate holder were licensed in the otherstate.
The board shall investigate a complaint made by a board ofaccountancy or the equivalent of a board of accountancy in anotherstate.
As added by P.L.30-1993, SEC.7. Amended by P.L.173-1996, SEC.2;P.L.128-2001, SEC.40; P.L.190-2007, SEC.13.
IC 25-2.1-8-2
Quality review and continuing professional educationrequirements in addition to remedies
Sec. 2. In place of or in addition to any remedy specificallyprovided in IC 25-1-11, the board may require the following of alicensee:
(1) A quality review conducted.
(2) Satisfactory completion of continuing professionaleducation programs.
As added by P.L.30-1993, SEC.7. Amended by P.L.173-1996, SEC.3.
IC 25-2.1-8-3
Repealed
(Repealed by P.L.179-1997, SEC.8.)
IC 25-2.1-8-4 Accountant investigative fund; establishment; appropriation;memorandum of understanding; review
Sec. 4. (a) The accountant investigative fund is established toprovide funds for administering and enforcing the provisions of thisarticle, including investigating and taking enforcement action againstviolators of this article. The fund shall be administered by theIndiana professional licensing agency.
(b) The expenses of administering the fund shall be paid from themoney in the fund. The fund consists of:
(1) money from a fee imposed upon a person who holds acertificate as an accounting practitioner, a CPA, or a PA underIC 25-2.1-2-12(b); and
(2) civil penalties collected under IC 25-2.1-13-3(b).
(c) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public money may be invested.
(d) Money in the fund at the end of a state fiscal year does notrevert to the state general fund. However, if the total amount in thefund exceeds seven hundred fifty thousand dollars ($750,000) at theend of a state fiscal year after payment of all claims and expenses,the amount that exceeds seven hundred fifty thousand dollars($750,000) reverts to the state general fund.
(e) Money in the fund is continually appropriated to the Indianaprofessional licensing agency for its use in administering andenforcing this article and conducting investigations and takingenforcement action against persons violating this article.
(f) The attorney general and the Indiana professional licensingagency may enter into a memorandum of understanding to providethe attorney general with funds to conduct investigations and pursueenforcement action against violators of this article.
(g) The attorney general and the Indiana professional licensingagency shall present the memorandum of understanding annually tothe board for review.
As added by P.L.190-2007, SEC.14.