Administrative Penalties - Accountants - Business & Professions - CA

Section § 5116

This law allows the board to impose an administrative penalty on any license holder or applicant after a hearing if they violate rules. The penalty must not exceed the highest allowed by the law. The board will set rules for how penalties are decided, considering factors like harm to consumers and the violator's ability to pay. These penalties are on top of any other punishments, like losing the license or being denied the chance to take the licensing exam. Funds collected from penalties go to the Accountancy Fund.

(a) The board, after appropriate notice and an opportunity for hearing, may order any licensee or applicant for licensure or examination to pay an administrative penalty as provided in this article as part of any disciplinary proceeding or other proceeding provided for in this chapter.

(b) The board may assess administrative penalties under one or more provisions of this article. However, the total administrative penalty to be paid by the licensee shall not exceed the amount of the highest administrative penalty authorized by this article.

(c) The board shall adopt regulations to establish criteria for assessing administrative penalties based upon factors, including, but not limited to, actual and potential consumer harm, nature and severity of the violation, the role of the person in the violation, the person’s ability to pay the administrative penalty, and the level of administrative penalty necessary to deter future violations of this chapter.

(d) Administrative penalties assessed under this article shall be in addition to any other penalties or sanctions imposed on the licensee or other person, including, but not limited to, license revocation, license suspension, denial of the application for licensure, denial of the petition for reinstatement, or denial of admission to the licensing examination. Payment of these administrative penalties may be included as a condition of probation when probation is ordered.

(e) All administrative penalties collected under this article shall be deposited in the Accountancy Fund.

administrative penalty disciplinary proceeding consumer harm

Section § 5116.1

If someone holding a professional license breaks the rules in this chapter, they can be fined up to $5,000 for their first offense and up to $10,000 for any following offenses, unless Section 5116.2 says otherwise.

In accordance with Section 5116 and applicable regulations, except as provided in Section 5116.2, any licensee who violates any provision of this chapter may be assessed an administrative penalty of not more than five thousand dollars ($5,000) for the first violation and not more than ten thousand dollars ($10,000) for each subsequent violation.

licensee violations administrative penalty first offense fine

Section § 5116.2

This law states that if a licensed professional breaks certain rules, they can face hefty fines. For businesses, the fine can be up to $1 million for the first offense and up to $5 million for later offenses. However, if the licensee is an individual person, the fines are smaller: up to $50,000 for the first offense and up to $100,000 for subsequent ones.

In accordance with Section 5116 and applicable regulations, any licensee who violates subdivision (a), (c), (i), (j) or (k) of Section 5100 may be assessed an administrative penalty of not more than one million dollars ($1,000,000) for the first violation and not more than five million dollars ($5,000,000) for any subsequent violation, except that a licensee who is a natural person may be assessed an administrative penalty of not more than fifty thousand dollars ($50,000) for the first violation and not more than one hundred thousand dollars ($100,000) for any subsequent violation.

licensee violations administrative penalty first violation

Section § 5116.3

If someone is caught cheating or helping someone else cheat on a licensing exam, they can be fined up to $5,000 for the first time and up to $10,000 for future offenses.

In accordance with Section 5116 and applicable regulations, any person who is found to have cheated or subverted or attempted to subvert or cheat on any licensing examination or who conspired with or aided or abetted any other person to cheat, subvert or attempt to subvert any examination may be assessed an administrative penalty of not more than five thousand dollars ($5,000) for the first violation and not more than ten thousand dollars ($10,000) for each subsequent violation.

cheating on licensing exam subverting examinations aiding in exam cheating

Section § 5116.4

This law explains that the executive officer of the board can ask for an administrative fine in disciplinary matters or when notifying an applicant about a decision. If the person involved doesn't contest the penalty within a specific time frame, it becomes final. Even if not contested, the penalty can still be part of a final decision or notice once the time for asking for a hearing is over.

(a) The board’s executive officer may request assessment of an administrative penalty in any disciplinary or other proceeding provided in this chapter or in any notice to an applicant pursuant to Section 5112.

(b) The administrative penalty pursuant to subdivision (a) shall become final unless contested within the time period provided for the filing of a notice of appeal, for the filing of a notice of defense, or for requesting a hearing in the proceeding.

(c) Nothing in this article shall prevent an administrative penalty from being included in a final contested or default decision of the board or in a notice issued pursuant to Section 5112 once the time period for requesting a hearing has expired.

executive officer administrative penalty disciplinary proceeding

Section § 5116.5

This law allows the board to go to court to make someone pay an administrative penalty that the board has already decided on. They do this by filing a certified copy of their final decision or notice.

The board may obtain a judgment in any court of competent jurisdiction ordering the payment of any final administrative penalty assessed by the board pursuant to this article upon the filing of a certified copy of the board’s final decision or notice issued pursuant to Section 5112.

judgment administrative penalty final decision

Section § 5116.6

This law section explains that when the term “licensee” is mentioned, it refers to a variety of individuals and entities involved in public accounting, including certified public accountants, public accountants, and those authorized to practice accounting, as well as those violating certain accounting laws.

Anywhere the term “licensee” is used in the article it shall include certified public accountants, public accountants, partnerships, corporations, holders of practice privileges, other persons licensed, registered, or otherwise authorized to practice public accountancy under this chapter, and persons who are in violation of any provision of Article 5.1 (commencing with Section 5096).

licensee definition certified public accountants practice privileges