Chapter 8. Enforcement
Sanctions and disciplinary action; investigating complaints
Sec. 1. (a) The board may impose sanctions for any of the
(1) A violation of IC 25-1-11-5, including:
(A) a peer review rating of fail; or
(B) an act or omission that is the basis of a peer review
rating of fail;
on any peer review report issued under this article after June 30,
(2) Revocation or suspension of the right to practice before a
state or federal agency.
(3) Dishonesty, fraud, or gross negligence in the practice of
accountancy or in the filing of or failure to file the licensee's
own income tax returns.
(4) Any conduct reflecting adversely on the licensee's fitness to
engage in the practice of accountancy.
(5) Failure to complete continuing education requirements
(6) Failure to furnish evidence, when required, of satisfactory
completion of continuing education requirements.
(b) A holder of a CPA certificate issued under this article is
subject to disciplinary action in this state if the CPA certificate
(1) offers or renders services or uses the CPA title in another
(2) commits an act in that other state for which the CPA
certificate holder would be subject to discipline in the other
state if the CPA certificate holder were licensed in the other
The board shall investigate a complaint made by a board of
accountancy or the equivalent of a board of accountancy in another
As added by P.L.30-1993, SEC.7. Amended by P.L.173-1996, SEC.2;
P.L.128-2001, SEC.40; P.L.190-2007, SEC.13; P.L.197-2011,
Quality review and continuing professional education
requirements in addition to remedies
Sec. 2. In place of or in addition to any remedy specifically
provided in IC 25-1-11, the board may require the following of a
(1) To undergo a quality review (before July 1, 2012) or a peer
review (after June 30, 2012).
(2) To satisfactorily complete continuing professional education
As added by P.L.30-1993, SEC.7. Amended by P.L.173-1996, SEC.3;
(Repealed by P.L.179-1997, SEC.8.)
Accountant investigative fund; establishment; appropriation;
memorandum of understanding; review
Sec. 4. (a) The accountant investigative fund is established to
provide funds for administering and enforcing the provisions of this
article, including investigating and taking enforcement action against
violators of this article. The fund shall be administered by the
Indiana professional licensing agency.
(b) The expenses of administering the fund shall be paid from the
money in the fund. The fund consists of:
(1) money from a fee imposed upon a person who holds a
certificate as an accounting practitioner, a CPA, or a PA under
IC 25-2.1-2-12(b); and
(2) civil penalties collected under IC 25-2.1-13-3(b).
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund. However, if the total amount in the
fund exceeds seven hundred fifty thousand dollars ($750,000) at the
end of a state fiscal year after payment of all claims and expenses,
the amount that exceeds seven hundred fifty thousand dollars
($750,000) reverts to the state general fund.
(e) Money in the fund is continually appropriated to the Indiana
professional licensing agency for its use in administering and
enforcing this article and conducting investigations and taking
enforcement action against persons violating this article.
(f) The attorney general and the Indiana professional licensing
agency may enter into a memorandum of understanding to provide
the attorney general with funds to conduct investigations and pursue
enforcement action against violators of this article.
(g) The attorney general and the Indiana professional licensing
agency shall present the memorandum of understanding annually to
the board for review.
As added by P.L.190-2007, SEC.14.