Texas Administrative Code
Title 22 - EXAMINING BOARDS
Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
Chapter 518 - UNAUTHORIZED PRACTICE OF PUBLIC ACCOUNTANCY
Section 518.6 - Administrative Penalty Guidelines for the Unauthorized Practice of Public Accountancy
Universal Citation: 22 TX Admin Code ยง 518.6
Current through Reg. 49, No. 38; September 20, 2024
(a) The Board has the sole discretion in determining if a penalty will be assessed as well as the amount of the penalty. If assessed, the penalty will be in accordance with the following guidelines:
(1) an unlicensed
individual who uses terms restricted for use by CPAs in violation of
§§901.451, 901.452, 901.453 or 901.454 of the Act (relating to Use of
Title or Abbreviation for "Certified Public Accountant"; Use of Title or
Abbreviation for "Public Accountant"; Use of Other Titles or Abbreviations; and
Title Used by Certain Out-of-State or Foreign Accountants) shall pay a penalty
of no less than $1,000.00 and no more than $5,000.00 for a first offense; and
no less than $5,000.00 and no more than $25,000.00 for two or more
offenses;
(2) an unlicensed entity
that uses terms restricted for use by licensed firms in violation of
§901.351(a) of the Act (relating to Firm License Required) shall pay a
penalty of no less than $5,000.00 and no more than $10,000.00 for a first
offense; and no more than $25,000.00 for two or more offenses;
(3) an unlicensed individual who asserts an
expertise in accounting through use of the term "accounting service" or any
variation of that term shall pay a penalty of no less than $1,000.00 and no
more than $5,000.00 for a first offense; and no more than $25,000.00 for two or
more offenses;
(4) an unlicensed
entity that asserts an expertise in accounting through use of the term
"accounting service" or any variation of that term shall pay a penalty of no
less than $5,000.00 and no more than $10,000.00 for a first offense; and no
more than $25,000.00 for two or more offenses;
(5) an unlicensed individual who claims to
provide attest services shall pay a penalty of no less than $5,000.00 and no
more than $25,000.00;
(6) an
unlicensed entity that claims to provide attest services shall pay a penalty of
no less than $5,000.00 and no more than $25,000.00;
(7) an unlicensed individual who claims to be
a CPA shall pay a penalty of no less than $5,000.00 and no more than
$25,000.00; and
(8) an unlicensed
entity that claims to be a CPA firm shall pay a penalty of no less than
$5,000.00 and no more than $25,000.00.
(b) An offense is counted as a second or more offense when the person has been notified in writing by the board that the person's actions violate the Public Accountancy Act and the person fails to correct the violation(s) within the time required in the written notification.
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