The Texas State Board of Public Accountancy (TSBPA) ensures that all Texas certified public accountants (CPAs) comply with the rules and laws that apply to the nursing profession. As a result, TSBPA receives, investigates, and pursues disciplinary complaints against licensees if necessary.
If TSBPA ultimately decides that you have violated a rule or law, you could face sanctions that are extremely damaging to your license and career. An accountant license defense attorney can guide you through any disciplinary proceedings that you may be facing and help you fight to safeguard your license and career. The following Frequently Asked Questions (FAQ) explain more about disciplinary proceedings for CPAs.
Frequently Asked Questions
- What is the Texas State Board of Public Accountancy (TSBPA)?
- What are some reasons for disciplinary complaints against accountants?
- What happens when TSBPA receives a complaint against a CPA?
- How does the TSBPA resolve disciplinary complaints?
- What is an Agreed Consent Order?
- Do accountants have hearings in their disciplinary proceedings?
- What sanctions can accountants receive from TSBPA in disciplinary proceedings?
What is the Texas State Board of Public Accountancy (TSBPA)?
TSBPA receives complaints against accountants accused of violating applicable rules or laws. It investigates for violations of the Public Accountancy Act and TSBPA’s disciplinary rules, and if warranted, pursues formal disciplinary action against certified public accountants (CPAs).
What are some reasons for disciplinary complaints against accountants?
Violations of the Public Accountancy Act or TSBPA’s disciplinary rules may trigger complaints. Specific grounds include:
- Fraud or deceit in licensing
- Fraud, dishonesty, or gross negligence in performing CPA services
- Participating in the preparation of false or misleading financial statements or tax returns
- Failing to file personal or business income tax returns
- Conviction or deferred adjudication of a felony or fraud-related criminal offense
- Conduct indicating a lack of fitness to serve the public as a CPA
What happens when TSBPA receives a complaint against a CPA?
The Enforcement Division reviews the complaint. If no professional misconduct is alleged, the complaint is dismissed. For allegations of misconduct, the division opens an investigation, notifies the CPA, and allows 30 days to respond. The case is then referred to a TSBPA enforcement committee for review and further action.
How does the TSBPA resolve disciplinary complaints?
If no violation is found, the complaint is dismissed. If a violation exists, TSBPA may attempt an informal conference to reach an Agreed Consent Order (ACO) with the licensee. If agreement cannot be reached, the matter may proceed to a formal hearing at SOAH.
What is an Agreed Consent Order?
An Agreed Consent Order (ACO) is a settlement between TSBPA and the licensee outlining the violation(s) and agreed-upon sanction(s). TSBPA reviews the ACO and either accepts or rejects it.
Do accountants have hearings in their disciplinary proceedings?
If TSBPA and the licensee cannot agree on an ACO, the complaint is referred to the State Office of Administrative Hearings (SOAH) for a contested hearing. An administrative law judge (ALJ) hears evidence from both sides and issues a Proposal for Decision (PFD), which TSBPA may accept, reject, or amend. TSBPA makes the final decision on violations and sanctions.
What sanctions can accountants receive from TSBPA in disciplinary proceedings?
Sanctions can include:
- Limitations or restrictions on practice
- Corrective action
- Completion of additional education requirements
- Completion of a peer review program
- Assessment of administrative penalties or fines
- Payment of direct administrative costs
- Reprimands
- Payment of restitution
- Probation
- Suspension or revocation of licenses
Administrative penalties may be assessed alone or with other sanctions, up to $100,000 per violation, depending on severity, prior history, harm to the public, or other relevant factors. Probated suspensions may include conditions such as reporting to TSBPA, limited practice, continued professional education, and payment of penalties.
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