South Dakota § 36-20B-40 - Disciplinary action--Remedies available to board--Grounds.

§ 36-20B-40. Disciplinary action--Remedies available to board--Grounds.

The board may, in accordance with chapter 1-26, revoke any certificate, license, or permit issued pursuant to this chapter or corresponding provisions of prior law or revoke or limit practice privileges under the provisions of § 36-20B-66 or 36-20B-67; suspend any such certificate, license, or permit, or refuse to renew any such certificate, license, or permit for a period of not more than five years; reprimand, censure, or limit the scope of practice of any licensee; impose an administrative fine not exceeding one thousand dollars, or place any licensee on probation, all with or without terms, conditions, and limitations, for any one or more of the following reasons:

(1)    Fraud or deceit in obtaining a certificate or permit;

(2)    Cancellation, revocation, suspension, or refusal to renew a certificate, license, or permit to engage in the practice of public accountancy in any other state for any cause;

(3)    Failure, on the part of a holder of a certificate, license, or permit under this chapter or registration under this chapter, or of a certificate, license or permit issued by another state, to maintain compliance with the requirements for issuance or renewal of such certificate, license, permit, or registration or to report changes to the board;

(4)    Revocation or suspension of the right to practice before any state or federal agency;

(5)    Dishonesty, fraud, or repeated acts of negligence in the performance of services as a licensee or individual granted practice privileges under the provisions of § 36-20B-66 or 36-20B-67 or in the filing or failure to file one's own income tax returns;

(6)    Violation of any provision of this chapter or rule, promulgated by the board pursuant to chapter 1-26, or violation of professional standards;

(7)    Violation of any rule of professional conduct promulgated by the board pursuant to chapter 1-26;

(8)    Conviction of a felony, or of any crime an element of which is dishonesty or fraud, under the laws of the United States, of this state, or of any other state if the acts involved would have constituted a crime under the laws of this state;

(9)    Performance of any fraudulent act while holding a certificate, license, or permit or 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 practice privileges under the provisions of § 36-20B-66 or 36-20B-67;

(11)    Making any false or misleading statement or verification, in support of an application for a certificate, registration, or permit filed by another; and

(12)    Dishonesty or repeated acts of negligence in the performance of peer reviews.

In lieu of or in addition to any remedy specifically provided in this section, the board may require of a licensee a peer review conducted in the manner as the board may specify or satisfactory completion of the continuing professional education programs as the board may specify, or both.

In any proceeding in which a remedy provided by this section is imposed, the board may also require the respondent licensee to pay the costs of the proceeding.

Source: SL 2002, ch 179, § 41; SL 2005, ch 199, § 54; SL 2009, ch 185, § 9.