The commissioner may deny, temporarily or permanently, the privilege of appearing or practicing before the department in any way to any person, other than an attorney acting in that capacity, who is found by the commissioner, after notice of and opportunity for hearing, to be subject to any of the following:
(a)The person does not possess the requisite qualifications to represent others.
(b)The person is lacking in character or integrity or has engaged in unethical or improper professional conduct.
(c)The person has willfully violated, or willfully aided and abetted the violation of any provision of this code, or the rules and regulations promulgated thereunder.
(Added by Stats. 1986, Ch. 1328, Sec. 7.)
Any person whose license to practice as an accountant, actuary, or other expert has been revoked or suspended in any state, territory, district, commonwealth, or possession, or any person who has been convicted of a felony, or of a misdemeanor involving moral turpitude, shall be forthwith suspended from appearing or practicing before the commissioner. A suspension, revocation, or conviction within the meaning of this article shall be deemed to have occurred when the suspending, revoking, or convicting agency or tribunal enters its judgment or order, regardless of whether appeal is pending or could be taken, and includes a judgment or order on a plea of nolo contendere.
(Added by Stats. 1986, Ch. 1328, Sec. 7.)
(a)An application for reinstatement of a person permanently suspended or disqualified under Section 13500 may be made at any time, and the applicant may, in the commissioner?s discretion, be afforded a hearing. However, the suspension or disqualification shall continue unless and until the applicant has been reinstated by the commissioner for good cause shown.
(b)Any person suspended under Section 13501 shall be reinstated by the commissioner, upon appropriate application, if all the grounds for application of the provisions of Section 13501 are subsequently removed by a reversal of the conviction or termination of the suspension or revocation. An application for reinstatement on any other grounds by any person suspended under Section 13501 may be filed at any time and the applicant shall be afforded an opportunity for a hearing in the matter. However, the suspension shall continue unless and until the applicant has been reinstated by the commissioner for good cause shown.
(Added by Stats. 1986, Ch. 1328, Sec. 7.)
Any person appearing or practicing before the commissioner who has been the subject of an order, judgment, decree, or finding relevant to Section 13501 shall promptly file with the commissioner a copy thereof, together with any related opinion or statement of the agency or tribunal involved. Failure to make this filing shall not impair the operation of any other provision of this article.
(Added by Stats. 1986, Ch. 1328, Sec. 7.)
Any proceeding brought under any section of this article shall not preclude a proceeding under any other section.
(Added by Stats. 1986, Ch. 1328, Sec. 7.)
All hearings held under this article shall be closed to the public, unless the commissioner on the commissioner?s own motion, or at the request of a party, otherwise directs.
(Amended by Stats. 2021, Ch. 50, Sec. 260. (AB 378) Effective January 1, 2022.)