1. (a) Subject to the hearing provisions of § 21-312 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a registration to any applicant, reprimand any registered individual, or suspend or revoke a registration if the applicant or registered individual:

   1. (1) fraudulently or deceptively obtains or attempts to obtain a registration for the applicant or registered individual or for another;
   2. (2) fraudulently or deceptively uses a registration;
   3. (3) under the laws of the United States or of any state, is convicted of a felony or a misdemeanor, either of which is directly related to the fitness and qualification of the applicant or registered individual to provide individual tax preparation services;
   4. (4) is guilty of negligence, incompetence, or misconduct while providing individual tax preparation services;
   5. (5) violates any regulation adopted under this title; or
   6. (6) violates any provision of this title.

2. (b)

   1. (1) In addition to reprimanding or suspending or revoking a registration under this subsection, the Board may impose a penalty not exceeding $5,000 for each violation.

   2. (2) To determine the amount of the penalty imposed under this subsection, the Board shall consider:

      1. (i) the seriousness of the violation;
      2. (ii) the harm caused by the violation;
      3. (iii) the good faith of the registered individual; and
      4. (iv) any history of previous violations by the registered individual.
   3. (3) The Board shall use a penalty collected under this subsection to provide for the enforcement of this section.

Added by Acts 2008, c. 623, § 3, eff. June 1, 2008.