Guam § 35109 - Enforcement and Grounds for Discipline.

§ 35109. Enforcement and Grounds for Discipline.

(a) After notice and hearing pursuant to § 35111 of this Chapter, the

Board may revoke any certificate, licenses, or Firm Permit to Practice issued

under § 35105, § 35106, or § 35107 or corresponding provisions of prior

law, or revoke or limit privileges under § 35122; suspend any such

certificate, license or Firm Permit to Practice or refuse to renew any such

certificate, license, or Firm Permit to Practice for a period of not more than

five (5) years; reprimand, censure, or limit the scope of practice of any

licensee; impose an administrative fine not exceeding Five Thousand Dollars

($5,000), or place any licensee on probation, all with or without terms,

conditions, and limitations, for any one (1) or more of the following reasons:

(1) Dishonesty, fraud or deceit in obtaining a license;

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(2) Cancellation, revocation, suspension, or refusal to renew a

license or privileges under § 35122 for disciplinary reasons in any other

state for any cause;

(3) Failure, on the part of a licensee under § 35106 or Firm

Permit to Practice under § 35107, to maintain compliance with the

requirements for issuance, or renewal of such license or Firm Permit to

Practice, or to report changes to the Board under § 35106(g) or §

35107(g);

(4) Revocation or suspension of the right to practice before any

State or federal regulatory authority or by the PCAOB;

(5) Dishonesty, fraud, deceit or gross negligence in the

performance of services as a licensee or individual granted privileges

under § 35122, or in the filing or failure to file one’s own income tax

returns, or other required tax filings;

(6) Violation of any provision of this Chapter, or rule

promulgated by the Board under this Chapter, or violation of

professional standards;

(7) Violation of any rule of professional conduct promulgated by

the Board under § 35104(h)(4) of this Chapter;

(8) Conviction of a felony, or of any other crime an element of

which is dishonesty, deceit or fraud, under the laws of the United

States, of Guam, or of any other state, if the acts involved would have

constituted a crime under the laws of Guam;

(9) Performance of any fraudulent act while holding a certificate,

license, Firm Permit to Practice, or § 35122 privilege issued under this

Chapter, or prior law;

(10) Any conduct reflecting adversely upon the licensee’s fitness

to perform services while a licensee, or individual granted privileges

under § 35122;

(11) Making any false or misleading statement or verification, in

support of an application for a certificate or Firm Permit to Practice

filed by another; or

(12) Failure to pay child support as determined by the Child

Support Enforcement Division of the Office of the Attorney General of

Guam.

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(b) In lieu of, or in addition to any remedy specifically provided in §

35109(a), the Board may require of a licensee or the holder of a certificate

under § 35105, or prior law:

(1) A peer review conducted in such fashion as the Board may

specify; and/or

(2) Satisfactory completion of such continuing professional

education programs as the Board may specify; or both.

(c) In any proceeding in which a remedy provided by § 35109(a) or §

35109(b) is imposed, the Board may also require the respondent licensee to

pay the costs of the proceeding and fees including reasonable attorneys fees

incurred by the Board.