Texas State Board of Public Accountancy License Defense Attorneys
The attorneys at Ray & Weinstein, P.C. represent clients in Texas State Board of Public Accountancy License Defense cases. Texas Certified Public Accountants face a significant number of rules and regulations promulgated by the Texas State Board of Public Accountancy. Any alleged violation of these rules and regulations can result in an obstacle to a Certified Public Accountant’s ability to practice in Texas. The firm practices Texas TSBPA License Defense. From a Texas TSBPA application Denial Hearing to a Notice of Violation, the firm’s goal is to provide effective and efficient legal representation to the firm’s Texas TSBPA License clients in these Locations of Practice. The firm represents Certified Public Accountants before the Texas State Board of Public Accountancy.
Texas State Board of Public Accountancy License Defense Lawyers
Many individuals possess Accountant Licenses issued by Texas TSBPA. Most Texas TSBPA licensed CPAs have minimal or no contact with the disciplinary systems of the Texas State Board of Public Accountancy. For Texas Certified Public Accountants who become part of the Texas TSBPA disciplinary process, the consequences are profound. The Texas Administrative Law disciplinary process is complex, procedural and time consuming.
Texas TSBPA Investigation Defense Lawyers
The majority of Texas State Board of Public Accountancy License disciplinary investigations begin with the filing of a consumer Complaint. However, disciplinary investigations also can arise from other events, such as a criminal conviction or criminal investigation. Texas TSBPA utilizes non sworn civilian investigators to conduct non criminal investigations against licensed Accountants. Texas TSBPA works with Texas law enforcement agencies to investigate criminal and administrative law violations committed by Texas Certified Public Accountants. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.
It is important to have an attorney that understands the Texas State Board of Public Accountancy License disciplinary process. At the conclusion of a Texas TSBPA investigation, Texas TSBPA has several options. The Texas State Board of Public Accountancy can choose to close the Complaint. Texas TSBPA can choose to issue an Administrative Penalty. The Texas State Board of Public Accountancy can also choose to refer the matter to its legal counsel for the filing of formal Administrative disciplinary charges, generally called a Notice of Violation. Texas TSBPA legal counsel will determine whether cause exists to file a Notice of Violation. Texas TSBPA may hold an Informal Conference with the licensee. In cases involving criminal conduct, the Texas State Board of Public Accountancy may refer the case to the District Attorney’s Office for criminal prosecution.
Texas TSBPA Notice of Violation Defense Attorneys
A Notice of Violation served on a Texas Accountant License holder serves as notice to a licensee that Texas TSBPA intends to suspend or revoke the Texas Accountant License or Texas Accountant License. The licensee, now called the Respondent, has only a specific number of days from the date that the Notice of Violation was served (not received, but served) to file a Request for Hearing. The failure to file a Request for Hearing results in a Default against the Texas Accountant License. A Default will result in the immediate Revocation of the Texas Accountant License.
The filing of a Notice of Violation is a serious matter that can result in the suspension or revocation of an Accountant License in Texas. In many cases, it is possible for licensees to reach a settlement with the Texas TSBPA. An Agreed Consent Order is a formal term for a settlement agreement. If an Agreed Consent Order cannot be reached, the parties will proceed to a formal Hearing before the Texas State Office of Administrative Hearings (SOAH).
Texas State Board of Public Accountancy Hearing Attorneys
The Texas Office of Administrative Hearings, also known as SOAH, hears Texas TSBPA disciplinary matters. SOAH is headquartered in Austin, but may hold Hearings remotely or in other locations. Hearings may be held in Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Houston, Lubbock or San Antonio. The Texas TSBPA Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.
The Administrative Law Judge, or ALJ, will issue a written Proposal for Decision approximately 60 days after the Hearing. The Texas State Board of Public Accountancy and the Respondent generally both have the ability to file responses to the Proposal for Decision, called Exceptions and Briefs. Texas TSBPA can adopt, modify or reject the ALJ’s Proposal for Decision. The Texas State Board of Public Accountancy’s action is called the Final Order. There are two main rights of Appeal of a Final Order. Texas Government Code § 2001.144 allows a licensee to file a Motion for Rehearing within 25 days after the Final Order is issued. If a Motion for Rehearing is denied, the Respondent can file a Request for Judicial Review in Travis County District Court in Austin. A Request for Judicial Review must be filed within 30 days of the denial of the Motion for Rehearing.
Texas State Board of Public Accountancy License and Criminal Convictions
Texas TSBPA can discipline Accountant Licensees for criminal convictions. Administrative Law discipline for Texas Certified Public Accountants primarily occurs for felony criminal convictions and criminal convictions related to the Accountant License. The Texas State Board of Public Accountancy and other law enforcement agencies also investigate criminal conduct by licensees in the course and scope of their license. Common criminal offenses that can cause Texas TSBPA License discipline are:
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Texas TSBPA License Denial Defense Attorneys
The Texas State Board of Public Accountancy thoroughly investigates all applicants for Accountant Licenses. Texas TSBPA may deny licensees from other states and countries. Most Texas Accountant License denials occur due to criminal convictions, financial problems or misstatements on the Accountant License application. Denial Hearings and Notice of Violation Hearings before the State Office of Administrative Hearings involve a similar procedure. However, in an Accountant License Denial Hearing, the applicant bears the burden of proof.
Texas State Board of Public Accountancy Petition for Reinstatement Lawyers
A Petition for Reinstatement allows individuals who have received a Texas TSBPA License Revocation to reinstate their Texas Accountant License. The Petition for Reinstatement may result in an investigation by Texas TSBPA. Subsequent to an investigation, the Texas TSBPA may issue the license, issue the license with a corresponding Agreed Consent Order (settlement), or deny the license. Texas TSBPA may schedule an Informal Conference prior to determining whether to grant or deny licensure. Rehabilitation from past misconduct is a primary factor in a Petition for Reinstatement.