24.201.2410    ENFORCEMENT AGAINST LICENSE HOLDERS AND PRACTICE PRIVILEGE HOLDERS

(1) The following terms may be cause for imposition of disciplinary action:

(a) continues to practice public accounting, or uses the designation CPA or LPA, after failure to comply with the requirements for annual renewal;

(b) failure of a Montana firm or a firm using practice privilege to comply with the peer review rules of subchapter 11;

(c) violation of any of the provisions of Title 37, chapter 50, MCA, or rules promulgated by the board;

(d) performance of any fraudulent act while holding a license or practice privilege issued or extended under Title 37, chapter 50, MCA;

(e) failure of a Montana active licensee or practice privilege holder to meet the continuing education requirements established by the board;

(f) noncompliance with the basic CPE requirement established in ARM 24.201.2106, prior to the department administering the provisions of 37-1-321, MCA, for more than one audit in a five-year period;

(g) failure to respond to correspondence from the board, or to comply with orders of the board;

(h) failure of a Montana firm or a firm using practice privilege to comply with ownership requirements;

(i) receiving a "fail" peer review report, or second or subsequent "pass with deficiency" peer review report;

(j) failure of a firm to comply with conditions imposed by the peer review program as a result of a "pass with deficiencies" or "failed" peer review classification;

(k) failure of a firm, licensee, or practice privilege holder to comply with professional conduct rules established in ARM Title 24, chapter 201, subchapter 7;

(l) failure of any firm or individual using the practice privilege in Montana to qualify for such practice privilege;

(m) failure of any firm or individual using the practice privilege in Montana to notify this board of any suspension, revocation, termination, or discipline of the license in any jurisdiction in which the firm or individual practices;

(n) failure of a Montana firm or licensee who is using the practice privilege in another jurisdiction to cooperate with another jurisdiction's board of accountancy's investigation into acts of the licensee in that other jurisdiction; or

(o) failure of a licensee or practice privilege holder to comply with board rules of professional conduct, and the AICPA Code of Professional Conduct effective December 15, 2014.

(i) The board adopts and incorporates by reference the AICPA Code of Professional Conduct, effective December 15, 2014, which sets forth the principles, rules, and interpretations in the performance of professional responsibilities. A copy of the AICPA Code of Professional Conduct may be obtained from the Board of Public Accountants, 301 S. Park Ave., Helena, MT 59601.

 

History: 37-1-131, 37-1-136, 37-1-319, 37-50-203, MCA; IMP, 37-1-136, 37-1-316, 37-1-319, 37-1-321, 37-50-203, 37-50-325, 37-50-330, 37-50-335, MCA; NEW, 1984 MAR p. 961, Eff. 6/29/84; AMD, 1986 MAR p. 1500, Eff. 9/12/86; AMD, 1990 MAR p. 584, Eff. 3/30/90; AMD, 1997 MAR p. 540, Eff. 3/25/97; AMD, 1998 MAR p. 463, Eff. 2/13/98; AMD, 2004 MAR p. 2916, Eff. 12/3/04; TRANS, from Commerce, 2005 MAR p. 2668; AMD, 2009 MAR p. 9, Eff. 1/16/09; AMD, 2010 MAR p. 2574, Eff. 10/29/10; AMD, 2014 MAR p. 2849, Eff. 11/21/14; AMD, 2016 MAR p. 1016, Eff. 6/4/16; AMD, 2017 MAR p. 2283, Eff. 12/9/17; AMD, 2019 MAR p. 1863, Eff. 10/19/19.