§ 76. Unprofessional conduct
Unprofessional conduct means:
(1) The conduct prohibited by this section, by 3 V.S.A. § 129a, or by other statutes relating to public accounting, whether or not that conduct
is by a licensee, an applicant, or a person who later becomes an applicant;
(2) Disciplinary action by another state or country or federal agency of a license or
certificate to practice public accountancy;
(3) Failing to make available, upon request of a person using public accounting services,
copies of documents in the possession or under the control of the accountant, when
those documents have been prepared for and paid for by the user of services;
(4) Failing to return client-supplied information and documents, in whatever form contained,
upon request of the client;
(5) Any of the following except when reasonably undertaken in an emergency situation in
order to protect life, health, or property:
(A) practicing or offering to practice beyond the scope permitted by law; or
(B) accepting and performing public accounting responsibilities that the licensee knows
or has reason to know that he or she is not competent to perform;
(C) performing public accounting services that have not been authorized by the consumer
or the consumer’s legal representative;
(6) Dishonesty, fraud, or negligence in the practice of public accountancy, including
making misleading, deceptive, or untrue representations in the practice of public
accountancy;
(7) The making of any false or misleading statement in support of an application filed
by another;
(8) Failure of a licensee to provide any explanation requested by the Board regarding
evidence submitted by the licensee in support of an application for licensure filed
by another, or regarding evidence submitted by the licensee in support of an application
for licensure filed by another, or regarding a failure or refusal to submit such evidence;
and failure by a licensee to furnish for inspection, upon request by the Board, or
its representative, documentation relating to any evidence submitted by the licensee
in support of such an application; or
(9) Failing to report changes to the Board as required by statute and the Board’s rules. (Added 1975, No. 89, § 13; amended 1981, No. 161 (Adj. Sess.), § 2; 1991, No. 167 (Adj. Sess.), § 14; 1997, No. 145 (Adj. Sess.), § 32; 2001, No. 129 (Adj. Sess.), § 16; eff. June 13, 2002.)