§ 5-3.1-14 - Initiation of proceedings – Hearings before board – Appeals – Notice to other states.
SECTION 5-3.1-14
§ 5-3.1-14 Initiation of proceedings– Hearings before board – Appeals – Notice to other states.– (a) The board may initiate proceedings under this chapter against a licenseeeither on its own motion, on the complaint of any person, upon the finding ofprobable cause by a probable cause committee appointed by the board pursuant to§ 5-3.1-4, or upon receiving notification from another state board ofaccountancy of its decision to:
(1) Revoke, suspend, or refuse to renew the practiceprivileges granted in that state to the licensee, or
(2) Censure in writing, limit the scope of practice, imposean administrative fine upon, or place on probation the licensee.
(b) A written notice stating the nature of the charge orcharges against the licensee and the time and place of the hearing before theboard on the charges shall be served on the licensee not less than twenty (20)days prior to the date of the hearing either personally or by mailing a copy ofthe notice by certified mail, return receipt requested, to the address of thelicensee last known to the board.
(c) If, after being served with the notice of hearing asprovided for in this section, the licensee fails to appear at the hearing andto defend against the stated charges, the board may proceed to hear evidenceagainst the licensee and may enter an order that is justified by the evidence.That order is final unless the licensee petitions for a review of it asprovided in this chapter; provided, that within thirty (30) days from the dateof any order, upon a showing of good cause for failing to appear and defend,the board may reopen the proceedings and may permit the licensee to submitevidence in his, her, or its behalf.
(d) At any hearing under this section, the licensee may:
(i) Appear in person or be represented by counsel;
(ii) Produce evidence and witnesses on his, her, or itsbehalf;
(iii) Cross examine witnesses; and
(iv) Examine any evidence that is produced.
(2) A partnership may be represented before the board bycounsel or by any partner. A corporation may be represented before the board bycounsel or by any shareholder or member of the corporation. A soleproprietorship may be represented before the board by counsel or by the soleproprietor. The licensee is entitled, on written application to the board, tothe issuance of subpoenas to compel the attendance of witnesses on thelicensee's behalf.
(e) The board or any member of the board may issue subpoenasto compel the attendance of witnesses and the production of documents, and mayadminister oaths, take testimony, hear proofs, and receive exhibits in evidencein connection with or upon a hearing under this chapter. In case ofdisobedience to a subpoena, the board may petition the superior court torequire the attendance and testimony of witnesses and the production ofdocumentary evidence.
(f) The board shall not be bound by strict rules of procedureor by the laws of evidence in the conduct of its proceedings, but anydetermination of the board shall be based upon sufficient legal evidence tosustain the determination.
(g) A stenographic record of all hearings under this sectionshall be kept and a transcript filed with the board.
(h) At all hearings, the attorney general of this state, orany other legal counsel that is employed, shall appear and represent the board.
(i) The decision of the board shall be made by vote inaccordance with rules and regulations established under § 5-3.1-4.
(j) Any appeal from the decision of the board, by a person orpersons adversely affected by the decision, shall be governed by §42-35-15.
(k) On rendering a decision to: (1) revoke or suspend acertificate issued under the laws of this state, (2) revoke or suspend anauthority as a public accountant issued under the prior laws of this state, (3)revoke, suspend, or refuse to renew a permit issued under the laws of thisstate, or (4) censure in writing, limit the scope of practice of, impose anadministrative fine upon, or place on probation a licensee, the board shallexamine its records to determine whether the licensee holds a certificate or apermit to practice in any other state. If the board determines that thelicensee in fact holds a certificate or permit, the board shall immediatelynotify the board of accountancy of the other state by mail of its decisionunder this section, and shall include in the notice an indication as to whetheror not the licensee has appealed that decision.
(l) The board may, in its discretion, order any licenseeagainst whom proceedings have been initiated under § 5-3.1-12 or 5-3.1-13to reimburse the board for any fees, expenses, and costs incurred by the boardin connection with those proceedings, including attorneys' fees. Those feesshall be paid within thirty (30) days from the date they are assessed and maybe reviewed in accordance with § 42-35-15.