W. Va. Code R. § 1-1-13 - Refusal to Issue or Renew; Suspension, Revocation of License; Disciplinary Action
13.1. Authority
and grounds for refusal to issue or renew a license or to suspend, revoke
and/or fine a licensee. The Board may refuse to issue, refuse to renew,
suspend, revoke or limit any license or practice privilege of any licensee,
substantial equivalency practitioner or firm and may take disciplinary action
against a licensee or substantial equivalency practitioner practicing in this
state who, after a hearing held pursuant to W. Va. Code §
30-1-1, et seq.,
has been adjudged by the Board as unqualified because of any of the following
reasons:
13.1.a. Fraud or deceit in obtaining
or maintaining a license or substantial equivalency practice
privilege;
13.1.b. Cancellation,
revocation, suspension or refusal to renew an out-of-state certificate , an
out-of-state permit or substantial equivalency practice privilege for
disciplinary reasons in any other state for any cause other than failure to pay
an annual fee for the renewal of an out-of-state certificate or out-of-state
permit in the other state;
13.1.c.
Failure by any licensee to maintain compliance with requirement for issuance or
renewal of a license or to timely notify the Board as required under W. Va.
Code §
30-9-18;
13.1.d.
Revocation or suspension of the right of the licensee or substantial
equivalency practitioner to practice before any state or federal
agency;
13.1.e. Dishonesty, fraud,
professional negligence in the performance of services as a licensee or
substantial equivalency practitioner or in the filing or failure to file the
licensee 's or substantial equivalency practitioner's own income tax returns, or
a willful departure from accepted standards of professional conduct applicable
to licensees and substantial equivalency practitioners;
13.1.f. Violation of any provision of this
article, any lawful order of this Board , or any Rule, including the violation
of any professional standard or rule of professional conduct;
13.1.g. Conviction of a felony or any crime
an element of which is dishonesty or fraud under the laws of the United States
or this state, or conviction of any similar crime under the laws of any other
state if the underlying act or omission involved would have constituted a crime
under the laws of this state;
13.1.h. Performance of any fraudulent act by
any licensee or substantial equivalency practitioner;
13.1.i. Any conduct reflecting adversely upon
the licensee 's or substantial equivalency practitioner's fitness to perform
professional services;
13.1.j.
Making any false or misleading statement or verification in support of an
application for a license filed by another person or firm ; or
13.1.k. Engaging in the unlawful practice of
law as defined by the West Virginia Supreme Court of Appeals.
13.2. If the Board renders a
decision to deny issuance or renewal of a license, or to suspend or revoke a
license, or the Board takes disciplinary action, the Board shall determine
whether the licensee, substantial equivalency practitioner or firm holds an
out-of-state certificate or permit, and, if so, the Board shall notify the
Board of Accountancy of the state of issuance of its decision.
13.2.a. The Board shall notify of the
decision 30 days from the time the decision becomes final including the final
determination of any appeals that may be made.
13.2.b. Upon expiration of the time period
set forth in subdivision 13.2.a., the Board shall provide a certified copy of
its decision and any decision of a circuit court or the West Virginia Supreme
Court of Appeals issued in the matter to the licensee, substantial equivalency
practitioner or firm.
13.3. When the Board has suspended, revoked
or refused to renew a license or has revoked the practice privileges of a
substantial equivalency practitioner, the licensee, firm, or substantial
equivalency practitioner against whom the action has been taken shall be
afforded an opportunity to demonstrate the qualifications to resume practice or
regain licensure.
13.3.a. A request for
reinstatement shall be made in writing and directed to the Board . It shall
state with specificity the reasons that the applicant believes that he or she
is qualified to resume practice or regain licensure. The applicant requesting
reinstatement may also request to address the Board at a future Board meeting.
The Board may also request a meeting and may require any additional information
that it considers necessary to issue a decision.
13.3.b. Upon a determination with regard to
the request for reinstatement, the Board shall notify the requesting party of
its decision in writing.
13.3.c.
The provisions of this subsection are separate and distinct from the 1CSR2
Contested Case Hearing Procedure. A request for reinstatement shall not meet
the petition requirements set forth in that rule.
Notes
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