State Codes and Statutes

Statutes > Maine > Title32 > Title32ch113sec0 > Title32sec12274

Title 32: PROFESSIONS AND OCCUPATIONS

Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY HEADING: PL 1987, C. 489, §2 (NEW)

Subchapter 7: ENFORCEMENT AGAINST LICENSEES HEADING: PL 1987, C. 489, §2 (NEW); 2007, C. 402, PT. Z, §28 (AMD); PL 2009, C. 242, §41 (AMD)

§12274. Enforcement procedures; investigations

1. Board; action.

[ 2007, c. 402, Pt. Z, §21 (RP) .]

2. Review. The board may review the publicly available professional work of licensees on a general and random basis, without any requirement of a formal complaint or suspicion of impropriety on the part of any particular licensee. If, as a result of such review, the board discovers reasonable grounds for a more specific investigation, the board may proceed under section 12273-A or Title 10, section 8003-A.

[ 2009, c. 242, §25 (AMD) .]

3. Discipline. In any case when the board renders a decision imposing discipline against a licensee , the board shall examine its records to determine whether the licensee holds a certificate or a license in any other state; and, if so, the board shall notify the board of accountancy of that other state of its decision by mail within 45 days of rendering the decision. The board may also furnish information relating to proceedings resulting in disciplinary action to other public authorities and to private professional organizations having a disciplinary interest in the licensee.

[ 2009, c. 242, §26 (AMD) .]

4. Board; consideration. The board shall consider applications upon suspension, revocation or refusal to renew according to this subsection.

A. In any case when the board has suspended or revoked a license or refused to renew a license, the person or firm affected may apply in writing to the board for relief. For good cause shown, the board may modify the suspension or reissue the license. [2009, c. 242, §27 (AMD).]

B. The board shall by rule specify the manner in which those applications must be made, the times within which they must be made and the circumstances in which hearings will be held. [2007, c. 402, Pt. Z, §23 (AMD).]

C. Before reissuing or terminating the suspension of a license under this section, and as a condition for reissuance or termination of suspension, the board may require the applicant to show successful completion of specified continuing professional education. The board may make the reinstatement of a license conditional and subject to satisfactory completion of a quality review conducted in such fashion as the board may specify. [2009, c. 242, §28 (AMD).]

[ 2009, c. 242, §§27, 28 (AMD) .]

SECTION HISTORY

1987, c. 489, §2 (NEW). 1999, c. 547, §B74 (AMD). 1999, c. 547, §B80 (AFF). 2007, c. 402, Pt. Z, §§21-23 (AMD). 2007, c. 695, Pt. B, §15 (AMD). 2007, c. 695, Pt. C, §18 (AMD). 2009, c. 242, §§25-28 (AMD).

State Codes and Statutes

Statutes > Maine > Title32 > Title32ch113sec0 > Title32sec12274

Title 32: PROFESSIONS AND OCCUPATIONS

Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY HEADING: PL 1987, C. 489, §2 (NEW)

Subchapter 7: ENFORCEMENT AGAINST LICENSEES HEADING: PL 1987, C. 489, §2 (NEW); 2007, C. 402, PT. Z, §28 (AMD); PL 2009, C. 242, §41 (AMD)

§12274. Enforcement procedures; investigations

1. Board; action.

[ 2007, c. 402, Pt. Z, §21 (RP) .]

2. Review. The board may review the publicly available professional work of licensees on a general and random basis, without any requirement of a formal complaint or suspicion of impropriety on the part of any particular licensee. If, as a result of such review, the board discovers reasonable grounds for a more specific investigation, the board may proceed under section 12273-A or Title 10, section 8003-A.

[ 2009, c. 242, §25 (AMD) .]

3. Discipline. In any case when the board renders a decision imposing discipline against a licensee , the board shall examine its records to determine whether the licensee holds a certificate or a license in any other state; and, if so, the board shall notify the board of accountancy of that other state of its decision by mail within 45 days of rendering the decision. The board may also furnish information relating to proceedings resulting in disciplinary action to other public authorities and to private professional organizations having a disciplinary interest in the licensee.

[ 2009, c. 242, §26 (AMD) .]

4. Board; consideration. The board shall consider applications upon suspension, revocation or refusal to renew according to this subsection.

A. In any case when the board has suspended or revoked a license or refused to renew a license, the person or firm affected may apply in writing to the board for relief. For good cause shown, the board may modify the suspension or reissue the license. [2009, c. 242, §27 (AMD).]

B. The board shall by rule specify the manner in which those applications must be made, the times within which they must be made and the circumstances in which hearings will be held. [2007, c. 402, Pt. Z, §23 (AMD).]

C. Before reissuing or terminating the suspension of a license under this section, and as a condition for reissuance or termination of suspension, the board may require the applicant to show successful completion of specified continuing professional education. The board may make the reinstatement of a license conditional and subject to satisfactory completion of a quality review conducted in such fashion as the board may specify. [2009, c. 242, §28 (AMD).]

[ 2009, c. 242, §§27, 28 (AMD) .]

SECTION HISTORY

1987, c. 489, §2 (NEW). 1999, c. 547, §B74 (AMD). 1999, c. 547, §B80 (AFF). 2007, c. 402, Pt. Z, §§21-23 (AMD). 2007, c. 695, Pt. B, §15 (AMD). 2007, c. 695, Pt. C, §18 (AMD). 2009, c. 242, §§25-28 (AMD).


State Codes and Statutes

State Codes and Statutes

Statutes > Maine > Title32 > Title32ch113sec0 > Title32sec12274

Title 32: PROFESSIONS AND OCCUPATIONS

Chapter 113: PRACTICE OF PUBLIC ACCOUNTANCY HEADING: PL 1987, C. 489, §2 (NEW)

Subchapter 7: ENFORCEMENT AGAINST LICENSEES HEADING: PL 1987, C. 489, §2 (NEW); 2007, C. 402, PT. Z, §28 (AMD); PL 2009, C. 242, §41 (AMD)

§12274. Enforcement procedures; investigations

1. Board; action.

[ 2007, c. 402, Pt. Z, §21 (RP) .]

2. Review. The board may review the publicly available professional work of licensees on a general and random basis, without any requirement of a formal complaint or suspicion of impropriety on the part of any particular licensee. If, as a result of such review, the board discovers reasonable grounds for a more specific investigation, the board may proceed under section 12273-A or Title 10, section 8003-A.

[ 2009, c. 242, §25 (AMD) .]

3. Discipline. In any case when the board renders a decision imposing discipline against a licensee , the board shall examine its records to determine whether the licensee holds a certificate or a license in any other state; and, if so, the board shall notify the board of accountancy of that other state of its decision by mail within 45 days of rendering the decision. The board may also furnish information relating to proceedings resulting in disciplinary action to other public authorities and to private professional organizations having a disciplinary interest in the licensee.

[ 2009, c. 242, §26 (AMD) .]

4. Board; consideration. The board shall consider applications upon suspension, revocation or refusal to renew according to this subsection.

A. In any case when the board has suspended or revoked a license or refused to renew a license, the person or firm affected may apply in writing to the board for relief. For good cause shown, the board may modify the suspension or reissue the license. [2009, c. 242, §27 (AMD).]

B. The board shall by rule specify the manner in which those applications must be made, the times within which they must be made and the circumstances in which hearings will be held. [2007, c. 402, Pt. Z, §23 (AMD).]

C. Before reissuing or terminating the suspension of a license under this section, and as a condition for reissuance or termination of suspension, the board may require the applicant to show successful completion of specified continuing professional education. The board may make the reinstatement of a license conditional and subject to satisfactory completion of a quality review conducted in such fashion as the board may specify. [2009, c. 242, §28 (AMD).]

[ 2009, c. 242, §§27, 28 (AMD) .]

SECTION HISTORY

1987, c. 489, §2 (NEW). 1999, c. 547, §B74 (AMD). 1999, c. 547, §B80 (AFF). 2007, c. 402, Pt. Z, §§21-23 (AMD). 2007, c. 695, Pt. B, §15 (AMD). 2007, c. 695, Pt. C, §18 (AMD). 2009, c. 242, §§25-28 (AMD).