Delaware § 121 - Violations; penalties.

§ 121. Violations; penalties.

(a) Where the Board has determined, upon notice and hearing pursuant to Chapter 101 of Title 29, that a person is engaged in the practice of certified public accountancy or public accountancy, or is representing himself or herself to the public as the recipient of a certificate or permit, or is holding himself or herself out as being authorized to practice certified public accountancy or public accountancy, without having lawfully obtained a certificate or permit, or without having a practice privilege under § 109 of this title, or otherwise wrongfully uses such title or any similar title to practice certified public accountancy or public accountancy, or continues to practice certified public accountancy or public accountancy after the revocation or suspension of a practice privilege in this State or after the revocation, suspension or expiration of a certificate or permit from this State or another state, the Board may apply to the Division of Professional Regulation to issue a cease and desist order.

(b) Where the Board has determined, upon notice and hearing pursuant to Chapter 101 of Title 29, that a firm is improperly holding itself out as being authorized to practice certified public accountancy or public accountancy, the Board may apply to the Division of Professional Regulation to issue a cease and desist order.

(c) [Repealed.]

(d) Any person or entity who violates any provisions of this chapter or any rules or regulations promulgated hereunder, shall be liable for a civil penalty as set forth in § 118(a)(6) of this title. Where a partnership or corporation engages in the practice of certified public accountancy or public accountancy in violation of this chapter, or any rules or regulations promulgated hereunder, every partner of such partnership and every officer, director, shareholder or principal of such corporation, shall be deemed to have committed the violation in question. Nothing in this section shall be construed to prevent prosecution under, or be inconsistent with, Chapter 5 of Title 11.

27 Del. Laws, c. 98, §  7;  Code 1915, §  986;  Code 1935, §  1097;  24 Del. C. 1953, §  114;  55 Del. Laws, c. 193;  60 Del. Laws, c. 198, §  1;  65 Del. Laws, c. 167, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 139, §  1;  76 Del. Laws, c. 418, §  21;  80 Del. Laws, c. 247, § 1;