; or (D) with intent to defraud, willfully and knowingly misleads or threatens the person being represented or a prospective person to be represented. (3) The Secretary may impose a monetary penalty on any representative or tax return preparer described in paragraph (2). If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. Such penalty shall not exceed the gross income derived (or to be derived) from the conduct giving rise to the penalty and may be in addition to, or in lieu of, any suspension of the representative, the decertification of the tax return preparer, or censure of the representative or the tax return preparer. (d) After notice and opportunity for a hearing to any appraiser, the Secretary may— (1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and (2) bar such appraiser from presenting evidence or testimony in any such proceeding. (e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. (f) (1) The Secretary of the Treasury may impose fees on tax return preparers necessary to implement such programs as required by subsection (a). (2) In addition to paragraph (1), the Commissioner of Internal Revenue may impose an annual fee necessary for any competency testing and training required for licensure and certification under this section. (3) Nothing in this section may be construed to limit