reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 523 - CONTINUING PROFESSIONAL EDUCATION › Subchapter D - STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS AND RULES FOR SPONSORS › Section 523.141 - Evaluation

Current through Reg. 49, No. 28; July 12, 2024
(a) All programs
				  shall include a process for evaluating quality by participants to determine
				  whether:
(1) objectives have been
				  met;
(2) prerequisites were
				  necessary or desirable;
(3)
				  facilities were satisfactory;
(4)
				  the instructor(s) was effective. If multiple instructors taught the course each
				  must be evaluated for effectiveness;
(5) the program content was timely and
				  effective; and
(6) time allotted to
				  the program was adequate.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 523 - CONTINUING PROFESSIONAL EDUCATION › Subchapter D - STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS AND RULES FOR SPONSORS › Section 523.142 - Program Time Credit Measurement for Sponsors

Current through Reg. 49, No. 28; July 12, 2024
(a) Sponsored learning activities are
				  measured by actual program length, with one 50-minute period equal to one CPE
				  credit. Sponsors may recommend CPE credits under the following scenarios:
(1) Live and blended learning programs--A
				  minimum of one full credit must be awarded initially, but after the first
				  credit has been earned, credits may be awarded in one-fifth increments or in
				  one-half increments (1.0, x.2, x.4, x.5, x.6, x.8, and so on).
(2) Self- study--A minimum of one-half credit
				  must be awarded initially, but after the first full credit has been earned,
				  credits may be awarded in one-fifth increments or in one-half increments (0.5,
				  1.0, x.2, x.4, x.5, x.6, x.8, and so on).
(3) Nano learning--Credits must be awarded
				  only as one-fifth credit (0.2 credit). A 20-minute program would have to be
				  produced as two stand-alone nano learning programs.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 523 - CONTINUING PROFESSIONAL EDUCATION › Subchapter D - STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS AND RULES FOR SPONSORS › Section 523.143 - Sponsor's Record

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to
				  support the reports required of participants, the sponsor of group live, or
				  self-study, nano, or blended programs shall retain the following records:
(1) record of participation, e.g., sign-in
				  sheet reflecting the CPE credits earned by each participant including those who
				  arrive late or leave early;
(2)
				  course program, including electronic media , as required by §
											523.140(b)
				  of this chapter (relating to Program Standards);
(3) all promotional materials, including
				  date(s) and location;
(4)
				  instructor's resume or biography;
(5) evaluation of program as directed in
				  §
											523.141(b)
				  of this chapter (relating to Evaluation);
(6) pre-test data for self-study courses;
				  and
(7) all final exams completed
				  by participants for self-study courses.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 523 - CONTINUING PROFESSIONAL EDUCATION › Subchapter D - STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS AND RULES FOR SPONSORS › Section 523.144 - Board Registered CPE Sponsors

Current through Reg. 49, No. 28; July 12, 2024
(a) The board
				  may enter into an agreement with any sponsor of CPE programs to become a board
				  registered CPE sponsor where the sponsor, in the opinion of the board,
				  demonstrates that it will comply with its obligations to the board and that its
				  programs will conform to the board's standards as outlined in:
(1)
											§
											523.115
				  of this chapter (relating to Credits for Instructors and Discussion
				  Leaders);
(2)
											§
											523.130
				  of this chapter (relating to Ethics Course Requirements), (if
				  applicable);
(3)
											§
											523.140 of this
				  chapter (relating to Program Standards);
(4)
											§
											523.141 of
				  this chapter (relating to Evaluation); and
(5)
											§
											523.142
				  of this chapter (relating to Program Time Credit Measurement for
				  Sponsors).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 523 - CONTINUING PROFESSIONAL EDUCATION › Subchapter D - STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS AND RULES FOR SPONSORS › Section 523.145 - Obligations of the Sponsor

Current through Reg. 49, No. 28; July 12, 2024
(a) Sponsors
				  shall comply with the program standards as stated in §
										523.140 of this
				  chapter (relating to Program Standards).
(b) In consideration for registering as a CPE
				  sponsor each organization shall certify in writing, to the following:
(1) "We understand that after acceptance of
				  the application or reapplication for a registration by the board we may advise
				  prospective attendees of the program sponsor registration, our sponsor number,
				  and the number of CPE credits recommended. We further agree that if we notify
				  licensees of this registration we shall do so by use of the following language,
				  'We are registered with the Texas State Board of Public Accountancy as a CPE
				  sponsor. This registration does not constitute an endorsement by the board as
				  to the quality of our CPE program.'"
(2) "We understand that our advertising shall
				  not be false or misleading, nor will our conduct in an effort to promote our
				  services be coercive, overreaching, vexatious or harassing. We understand it is
				  a violation of these rules for us to persist in contacting a licensee when the
				  licensee has made known to us, or we should have known, the licensee's desire
				  not to be contacted by us or our representative."
(3) "We agree that parties designated by the
				  board may inspect our facilities, examine our records, attend our courses or
				  seminars at no charge, and review our program to determine compliance with the
				  sponsor registration requirements, CPE standards and applicable board
				  rules."
(4) "We understand and
				  agree that if we fail to comply with the registration requirements or fail to
				  meet acceptable standards in our programs, the sponsor registration may be
				  terminated at any time by the board, the sponsor registration or renewal
				  application may be denied, and notice of such termination or denial may be
				  provided to licensees by the board."
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 523 - CONTINUING PROFESSIONAL EDUCATION › Subchapter D - STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS AND RULES FOR SPONSORS › Section 523.146 - Registry of NASBA CPE Sponsors

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The board shall accept courses offered by sponsors shown as being in good
				  standing on the NASBA's National Registry of CPE Sponsors; however,
				  organizations that wish to offer CPE courses to Texas CPAs are not required to
				  register with NASBA.
(b) Sponsors
				  registered with NASBA's National Registry of CPE Sponsors ("NASBA CPE
				  sponsors") shall annually register with the board. NASBA CPE Sponsors are
				  exempt from the board's registration fee but may be subject to a review by the
				  board.
(c) NASBA CPE sponsors
				  registered with the board shall:
(1) comply
				  with all board standards for CPE sponsors; and
(2) cooperate with the board's sponsor review
				  program.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 523 - CONTINUING PROFESSIONAL EDUCATION › Subchapter D - STANDARDS FOR CONTINUING PROFESSIONAL EDUCATION PROGRAMS AND RULES FOR SPONSORS › Section 523.147 - Sponsor Review Program

Current through Reg. 49, No. 28; July 12, 2024
(a) A sponsor
				  review program is established for the purpose of monitoring the compliance by
				  board registered CPE sponsors and the courses they offer with the registration
				  requirements, CPE standards and/or applicable board rules. The program shall
				  emphasize high quality education and compliance with professional standards. In
				  the event a sponsor does not comply with the registration requirements, CPE
				  standards, or applicable board rules, the board shall take appropriate
				  action.
(b) The presiding officer
				  shall appoint three members who shall be either board members or advisory
				  members to the Sponsor Review Program Committee (SRPC). The SRPC's duties are
				  to:
(1) monitor the sponsor review program to
				  provide assurance to the CPE committee that the CPE sponsors are being reviewed
				  and that the reviews are conducted and reported in accordance with established
				  CPE program standards;
(2) serve as
				  mediators between the reviewers and sponsors whose courses are being reviewed;
				  and
(3) report to the CPE committee
				  as requested and make recommendations as appropriate.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 525 - CRIMINAL BACKGROUND INVESTIGATIONS › Section 525.1 - Applications for the UCPAE, Issuance of the CPA Certificate, or Initial License

Current through Reg. 49, No. 28; July 12, 2024
(a) The board may
				prohibit an individual from taking the UCPAE, and may not issue the CPA
				certificate, or an initial license, for up to five years from the date of the
				application, if the board finds that the applicant has been convicted of an
				offense listed in Article
				42A.054 of
				the Texas Code of Criminal Procedure, a sexually violent offense as defined by
				Article 62.001 of the Texas Code of Criminal Procedure, or a criminal offense
				which directly relates to the duties and responsibilities of the practice of
				public accountancy. The board may consider an individual to have been convicted
				of a criminal offense regardless of having received deferred adjudication and
				having the charges dismissed if the individual has not completed the period of
				supervision or the individual completed the supervision less than five years
				before the individual applied for the license. In determining whether the
				felony or misdemeanor conviction directly relates to the duties and
				responsibilities of the practice of public accountancy, the board shall
				consider:
(1) the nature and seriousness of
				the crime;
(2) the relationship of
				the crime to the purposes for requiring a license to engage in the practice of
				public accountancy;
(3) the extent
				to which a license to practice public accountancy might offer an opportunity to
				engage in further criminal activity of the same type as that in which the
				applicant was previously involved;
(4) the relationship of the crime to the
				ability, capacity, or fitness required to perform the duties and discharge the
				responsibilities of a CPA or public accountant; and
(5) any correlation between the elements of
				the crime and the duties and responsibilities of the practice of public
				accountancy.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 525 - CRIMINAL BACKGROUND INVESTIGATIONS › Section 525.2 - Renewal of a License for Licensees with Criminal Backgrounds

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				shall apply when renewing a license annually.
(1) Each licensee shall be asked in their
				license renewal application to affirm, under penalty of perjury, whether or not
				the licensee has ever been convicted of a felony or misdemeanor of which the
				board has not previously been informed.
(2) The board may consider an individual to
				have been convicted of an offense regardless of having received deferred
				adjudication and having the charges dismissed if the individual has not
				completed the period of supervision or the individual completed the supervision
				less than five years before the individual applied for license
				renewal.
(3) If the licensee has
				been convicted, as provided in paragraph (2) of this subsection, of an offense
				listed in Article
				42A.054 of
				the Texas Code of Criminal Procedure, a sexually violent offense as defined by
				Article 62.001 of the Texas Code of Criminal Procedure, or a criminal offense
				which directly relates to the duties and responsibilities of the practice of
				public accountancy, the licensee may be subject to disciplinary
				action.
(4) In determining whether
				the felony or misdemeanor conviction directly relates to the duties and
				responsibilities of the practice of public accountancy, the board shall
				consider:
(A) the nature and seriousness of
				the crime;
(B) the relationship of
				the crime to the purposes for requiring a licensee to engage in the practice of
				public accountancy;
(C) the extent
				to which a license to practice public accountancy might offer an opportunity to
				engage in further criminal activity of the same type as that in which the
				licensee was previously involved;
(D) the relationship of the crime to the
				ability, capacity, or fitness required to perform the duties and discharge the
				responsibilities of a CPA or public accountant; and
(E) any correlation between the elements of
				the crime and the duties and responsibilities of the practice of public
				accountancy.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 525 - CRIMINAL BACKGROUND INVESTIGATIONS › Section 525.3 - Criminal Background Checks

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Applicants to take the UCPAE and licensees applying for license renewal shall
				arrange to provide to the Texas Department of Public Safety a complete and
				legible set of fingerprints from a vendor approved by the Texas Department of
				Public Safety for the purpose of obtaining the applicant's or licensee's
				criminal history record information unless the fingerprints have been
				previously submitted after September 1, 2014. Once fingerprints have been
				provided, additional fingerprints will not be required so long as the
				fingerprints provided were complete and legible.
(b) Criminal history record information
				obtained from the Texas Department of Public Safety and the Federal Bureau of
				Investigation will be maintained pursuant to §
									411.084 of the Texas
				Government Code in order to protect the confidentiality of the
				information.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 526 - BOARD OPINIONS › Section 526.1 - Issuance of Opinions

Current through Reg. 49, No. 28; July 12, 2024
The board may issue opinions upon the written request of any
				  person. These opinions shall be based on actual facts specific to the situation
				  and submitted in accordance with board instructions and shall be limited to
				  areas within the board's jurisdiction. The board may determine not to issue an
				  opinion.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 526 - BOARD OPINIONS › Section 526.2 - Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) The appropriate
				board committee will review requests for opinions and determine if the opinion
				request is appropriate for board consideration and if so submit a recommended
				action to the board. The board may decline to consider requests for opinions on
				interpretations of the Act or board rules. All recommendations will be
				submitted for consideration by the board at a regularly scheduled
				meeting.
(b) The board will
				consider the recommendation of the committee and will:
(1) decline to ratify the recommendation of
				the committee;
(2) approve or amend
				the recommendation of the committee and issue an opinion; or
(3) take such other action as the board may
				deem appropriate.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 526 - BOARD OPINIONS › Section 526.3 - Advisory Opinions

Current through Reg. 49, No. 28; July 12, 2024
The board's staff or board members may issue an opinion to
				  any person with a cover letter clearly identifying that the opinion is advisory
				  in nature, and is restricted to the specific fact situation identified in the
				  opinion, and is not binding on the board. Board staff may respond to routine
				  questions without the need for issuing formal staff opinions.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 527 - PEER REVIEW › Section 527.1 - Establishment of Peer Review Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to §901.159 of the Act
				(relating to Peer Review), the board establishes a peer review program to
				monitor CPAs' compliance with applicable accounting, auditing and other
				attestation standards adopted by generally recognized standard-setting bodies.
				The program may include education, remediation, disciplinary sanctions or other
				corrective action where reporting does not comply with professional or
				regulatory standards.
(b) This
				chapter shall not require any firm to become a member of any sponsoring
				organization and all sponsoring organization(s) shall charge the same
				administrative fee to all firms participating in peer review regardless of
				their membership or affiliation with a sponsoring organization.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 527 - PEER REVIEW › Section 527.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms used in this chapter shall have
				  the following meanings, unless the context clearly indicates otherwise.
(1) "Engagement Review" means a peer review
				evaluating engagements performed and reported on in conformity with applicable
				professional standards in all material respects and unless agreed to otherwise
				is performed off-site from the reviewed firm's office and does not provide a
				basis for expressing any assurance regarding the firm's system of quality
				control for its accounting practice.
(2) "Systems Review" means a peer review
				designed to provide a peer reviewer with a reasonable basis for expressing an
				opinion on whether, during the year under review:
(A) the reviewed firm's system of quality
				control for its accounting and auditing practice has been designed in
				accordance with quality control standards; and
(B) the reviewed firm's quality control
				policies and procedures were being complied with to provide the firm with
				reasonable assurance of performing and reporting in conformity with applicable
				professional standards in all material respects.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 527 - PEER REVIEW › Section 527.3 - Standards for Peer Reviews and Sponsoring Organizations

Current through Reg. 49, No. 28; July 12, 2024
(a) The board
				adopts Standards for Performing and Reporting on Peer Reviews (the Standards)
				promulgated by AICPA.
(b) Qualified
				sponsoring organizations shall be the AICPA, the TXCPA and state CPA societies
				fully involved in the administration of the AICPA Peer Review Program, and such
				other entities which are approved by the board.
(c) For firms required to be registered with
				and subject to inspection by the PCAOB, the board recognizes and adopts the
				PCAOB's inspection process and standards for reviewing practices subject to its
				authority, which are not included in the scope of this peer review
				program.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 527 - PEER REVIEW › Section 527.5 - Deficient Reviews

Current through Reg. 49, No. 28; July 12, 2024
(a) The board at its sole discretion may
				require a firm which has received a rating of pass with deficiencies or fail to
				have an accelerated peer review or subject it to any other disciplinary or
				corrective action under the Act.
(b) A firm, including a successor firm, which
				receives two consecutive reviews on a system or engagement review with ratings
				of either pass with deficiencies or fail in any order, or two pass with
				deficiencies shall be required to have an accelerated review. If that
				accelerated review results in a rating of pass with deficiencies or fail:
(1) the firm may complete attest engagements
				for which field work has already begun only if:
(A) prior to issuance of any report, the
				engagement is reviewed and approved by a third-party reviewer acceptable to the
				chairman of the Technical Standards Review Committee or the Peer Review
				Committee; and
(B) the engagement
				is completed within 60 days of the acceptance of the peer review report and LOR
				by the sponsoring organization; and
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 527 - PEER REVIEW › Section 527.6 - Reporting to the Board

Current through Reg. 49, No. 28; July 12, 2024
(a) A firm must
				submit to the board:
(1) a copy of the peer
				review report and the FLOA from the sponsoring organization, if such report has
				a rating of pass;
(2) a copy of the
				peer review report, the firm's LOR, the CAL, and FLOA if the report has a
				rating of pass with deficiencies or fail; or
(3) a copy of any final report resulting from
				any inspection by the PCAOB firm inspection program together with documentation
				of any significant deficiencies and findings and the firm's response.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 527 - PEER REVIEW › Section 527.7 - Peer Review Oversight Board

Current through Reg. 49, No. 28; July 12, 2024
(a) The board shall
				retain the Peer Review Oversight Board (PROB) for the purpose of:
(1) monitoring sponsoring organizations to
				provide reasonable assurance that peer reviews are being conducted and reported
				in accordance with the Standards promulgated by the AICPA Peer Review
				Board;
(2) reviewing the policies
				and procedures of sponsoring organization applicants as to their conformity
				with the peer review standards; and
(3) reporting to the board on the conclusions
				and recommendations reached as a result of performing the functions in
				paragraphs (1) and (2) of this subsection.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 527 - PEER REVIEW › Section 527.8 - Retention of Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				reviewer shall maintain all documentation necessary to establish that each
				review conformed to the review standards of the relevant review program,
				including the review working papers, copies of the review report, and any
				correspondence indicating the firm's concurrence, non-concurrence, and any
				proposed remedial actions and any related implementation.
(b) The documents described in subsection (a)
				of this section shall be retained by the reviewer for a period of time
				corresponding to the retention period of the sponsoring organization, and upon
				request of the PROB, shall be made available. In no event shall the retention
				period be less than 120 days from the date of completion of the review by the
				sponsoring organization.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 527 - PEER REVIEW › Section 527.9 - Procedures for a Sponsoring Organization

Current through Reg. 49, No. 28; July 12, 2024
(a) To qualify as a sponsoring organization,
				an entity must submit a peer review administration plan to the board for review
				and approval by the PROB. The plan of administration must:
(1) establish a PRRC and subcommittees as
				needed, and provide professional staff as needed for the operation of the peer
				review program;
(2) establish a
				program to communicate to firms participating in the peer review program the
				latest developments in peer review standards and the most common findings in
				the peer reviews conducted by the sponsoring organization;
(3) establish procedures for resolving any
				disagreement which may arise out of the performance of a peer review;
(4) establish procedures to resolve matters
				which may lead to the dismissal of a firm from the peer review program, and
				conduct hearings pursuant to those procedures;
(5) establish procedures to evaluate and
				document the performance of each reviewer, and conduct hearings, which may lead
				to the disqualification of a reviewer who does not meet the AICPA
				standards;
(6) require the
				maintenance of records of peer reviews conducted under the program in
				accordance with the records retention rules of the AICPA; and
(7) provide for periodic reports to the PROB
				on the results of the peer review program.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 527 - PEER REVIEW › Section 527.10 - Peer Review Report Committee

Current through Reg. 49, No. 28; July 12, 2024
A PRRC is comprised of CPAs practicing public accountancy and
				  formed by a sponsoring organization for the purpose of accepting peer review
				  reports submitted by firms on peer review engagements.
(1) Each member of a PRRC must be active in
				the practice of public accountancy at a supervisory level in the assurance or
				auditing function while serving on the committee. The member's firm must be
				enrolled in an approved practice-monitoring program and have received a report
				with a rating of pass on its most recently completed peer review. A majority of
				the committee members must satisfy the qualifications required of system peer
				review team captains as established and reported in the AICPA Standards
				.
(2) Each member of a PRRC must be
				approved for appointment by the governing body of the sponsoring
				organization.
(3) In determining
				the size of a PRRC, the requirement for broad industry experience, and the
				likelihood of some members needing to recuse themselves during the
				consideration of some reviews as a result of the members' close association to
				the firm or because they performed the review, shall be considered.
(4) No more than one PRRC member may be from
				the same firm.
(5) The PRRC
				members' terms shall be staggered to provide for continuity.
(6) A PRRC member may not concurrently serve
				as:
(A) a member of any state's board of
				accountancy; or
(B) a member of any
				state's CPA society's ethics committee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 527 - PEER REVIEW › Section 527.11 - Responsibilities of Peer Review Report Committee

Current through Reg. 49, No. 28; July 12, 2024
The PRRC shall:
(1)
				establish and administer the sponsoring organization's peer review program in
				accordance with the AICPA Standards;
(2) prescribe actions designed to assure
				correction of the deficiencies in the reviewed firm's system of quality control
				policies and procedures;
(3)
				monitor the prescribed remedial and corrective actions to determine compliance
				by the reviewed firm;
(4) resolve
				instances in which there is a lack of cooperation and agreement between the
				committee and review teams or reviewed firms in accordance with the sponsoring
				organization's adjudication process;
(5) act upon requests from firms for changes
				in the timetable of their reviews;
(6) appoint members to subcommittees and task
				forces as necessary to carry out its functions;
(7) establish and perform procedures
				providing reasonable assurance that reviews are performed and reported on in
				accordance with the AICPA Standards for Performing and Reporting on Peer
				Reviews;
(8) establish a report
				acceptance process, which facilitates the exchange of viewpoints among
				committee members;
(9) communicate
				to the governing body of the sponsoring organization on a recurring basis:
(A) problems experienced by the enrolled
				firms in their systems of quality control as noted in the peer reviews
				conducted by the sponsoring organization;
(B) problems experienced in the
				implementation of the peer review program; and
(C) a summary of the historical results of
				the peer review program.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 527 - PEER REVIEW › Section 527.12 - Engagement Reviews and System Reviews

Current through Reg. 49, No. 28; July 12, 2024
(a) In order to balance the public's risk
				with the public's protection, the board is requiring peer review of firms
				providing financial reporting services. In implementing the peer review
				program, the board will consider the level of risk to the public of various
				attest services and require different levels of peer review based on those
				risks. Those firms that provide limited financial statement services can elect
				to perform non-attest preparation engagements under SSARS which do not require
				peer review.
(b) A firm whose only
				level of financial reporting is preparation engagements under SSARS must
				request on its annual license renewal an exemption from peer review.
(c) A firm that performs the following is
				subject to Engagement Peer Review.
(1)
				Compilations with disclosures or omitting substantially all disclosures and/or
				reviews of financial statements performed in accordance with SSARS. If the firm
				performs both an attest service and a preparation engagement(s), then the
				preparation engagement(s) is also subject to review and could be selected for
				peer review.
(2) Reviews and/or
				agreed-upon procedures engagements performed in accordance with SSAEs, or
				alternate wording engagements performed under the SSAEs, other than
				examinations.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 531 - CANONS OF PROFESSIONAL ETHICS AND CONDUCT › Section 531.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Commission--The Texas
				Real Estate Commission.
(2) License
				Holder--A real estate broker or sales agent licensed under Chapter 1101, Texas
				Occupations Code.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 531 - CANONS OF PROFESSIONAL ETHICS AND CONDUCT › Section 531.2 - Fidelity

Current through Reg. 49, No. 28; July 12, 2024
A license holder, while acting as an agent for another, is a
				  fiduciary. Special obligations are imposed when such fiduciary relationships
				  are created. They demand:
(1) that the
				primary duty of the license holder is to represent the interests of the client,
				and the license holder's position, in this respect, should be clear to all
				parties concerned in a real estate transaction; that, however, the license
				holder, in performing duties to the client, shall treat other parties to a
				transaction fairly;
(2) that the
				license holder be faithful and observant to trust placed in the license holder,
				and be scrupulous and meticulous in performing the license holder's functions;
				and
(3) that the license holder
				place no personal interest above that of the client.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 531 - CANONS OF PROFESSIONAL ETHICS AND CONDUCT › Section 531.3 - Integrity

Current through Reg. 49, No. 28; July 12, 2024
A license holder has a special obligation to exercise
				  integrity in the discharge of the license holder's responsibilities, including
				  employment of prudence and caution so as to avoid misrepresentation, in any
				  way, by acts of commission or omission.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 531 - CANONS OF PROFESSIONAL ETHICS AND CONDUCT › Section 531.4 - Competency

Current through Reg. 49, No. 28; July 12, 2024
It is the obligation of a license holder to be knowledgeable
				  and competent as a real estate brokerage practitioner. The license holder
				  must:
(1) be informed on local market
				issues and conditions affecting real estate in the geographic area where a
				license holder provides services to a client;
(2) be informed on national, state, and local
				issues and developments in the real estate industry;
(3) exercise judgment and skill in the
				performance of brokerage activities; and
(4) be educated in the characteristics
				involved in the specific type of real estate being brokered for
				others.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 531 - CANONS OF PROFESSIONAL ETHICS AND CONDUCT › Section 531.18 - Consumer Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission adopts by reference the
				Consumer Protection Notice, TREC No. CN 1-5. This document is published by and
				available from the Texas Real Estate Commission, P.O. Box 12188, Austin, Texas
				78711-2188,
www.trec.texas.gov
.
(b) Each license holder shall provide the
				notice adopted under subsection (a) by:
(1)
				displaying it in a readily noticeable location in each place of business the
				broker maintains; and
(2) providing
				a link to it in a readily noticeable place on the homepage of each business
				website, labeled:
(A) "Texas Real Estate
				Commission Consumer Protection Notice", in at least 10 point font; or
(B) "TREC Consumer Protection Notice", in at
				least 12 point font.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 531 - CANONS OF PROFESSIONAL ETHICS AND CONDUCT › Section 531.19 - Discriminatory Practices

Current through Reg. 49, No. 28; July 12, 2024
(a) No license
				holder shall inquire about, respond to or facilitate inquiries about, or make a
				disclosure of an owner, previous or current occupant, potential purchaser,
				lessor, or potential lessee of real property which indicates or is intended to
				indicate any preference, limitation, or discrimination based on the following:
(1) race;
(2) color;
(3) religion;
(4) sex;
(5) national origin;
(6) ancestry;
(7) familial status; or
(8) disability.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 531 - CANONS OF PROFESSIONAL ETHICS AND CONDUCT › Section 531.20 - Information About Brokerage Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission adopts by reference the
				Information About Brokerage Services Notice, TREC No. IABS 1-0 (IABS Notice).
				The IABS Notice is published by and available from the Texas Real Estate
				Commission, P.O. Box 12188, Austin, Texas 78711-2188,
www.trec.texas.gov
.
(b) Each license holder shall provide:
(1) a link to a completed IABS Notice in a
				readily noticeable place on the homepage of each business website, labeled:
(A) "Texas Real Estate Commission Information
				About Brokerage Services", in at least 10 point font; or
(B) "TREC Information About Brokerage
				Services", in at least 12 point font; and
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter B - GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE › Section 533.2 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
This subchapter provides for an efficient and uniform
					 system of practice and procedure before the Commission. This subchapter governs
					 the institution, conduct, and determination of adjudicative proceedings
					 required or permitted by law, whether instituted by the Commission or by the
					 filing of an application, claim, complaint, or any other pleading. This
					 subchapter does not enlarge, diminish, modify, or otherwise alter the
					 jurisdiction, powers, or authority of the Commission, the Executive Director,
					 or the substantive rights of any person or agency.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter B - GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE › Section 533.3 - Filing and Notice

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  Commission denies an application for a license, the Commission shall send the
				  applicant written notice of the denial. An applicant may accept the denial or
				  make a written request for a hearing on that denial. If an applicant fails to
				  request a hearing in writing not later than the 30th day after the date the
				  notice denying an application is sent, the Commission's denial is
				  final.
(b) When an application is
				  denied by the Commission, no subsequent application will be accepted from the
				  applicant until two years after the date of the Commission's written notice of
				  denial under subsection (a) of this section.
(c) If after investigation of a possible
				  violation and the facts surrounding that possible violation the Commission
				  determines that a violation has occurred, the Commission may issue a written
				  Notice of Alleged Violation to the respondent. The Commission shall provide
				  notice in accordance with the APA.
(d) Not later than the 30th day after the
				  date on which the Notice of Alleged Violation is sent, the respondent may:
(1) accept the determination of the
				  Commission, including sanctions recommended by the Commission; or
(2) make a written request for a hearing on
				  that determination.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter B - GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE › Section 533.4 - Failure to Answer, Failure to Attend Hearing and Default

Current through Reg. 49, No. 28; July 12, 2024
(a) If, not later
				  than the 30th day after the date a Notice of Alleged Violation is sent, the
				  respondent fails to accept the Commission's determination and recommended
				  sanctions, or fails to make a written request for a hearing on the
				  determination, the Commission shall enter a default order against the
				  respondent, incorporating the findings of fact and conclusions of law in the
				  Notice of Alleged Violation, which shall be deemed admitted.
(b) The Commission may delegate to the
				  Executive Director the Commission's authority to act under Texas Occupations
				  Code, §
										1101.704(b)
				  and subsection (a) of this section.
(c) SOAH rules relating to Default
				  Proceedings and Dismissal Proceedings apply when a respondent or applicant
				  fails to appear on the day and time set for administrative hearing. In that
				  case, the Commission's staff may move either for dismissal of the case from
				  SOAH's docket or for the issuance of a default Proposal for Decision by the
				  administrative law judge. If the administrative law judge issues an order
				  dismissing the case from the SOAH docket or issues a default Proposal for
				  Decision, the factual allegations against the respondent or applicant filed at
				  SOAH are admitted and the Commission shall enter a default order against the
				  respondent or applicant as set out in the Notice of Hearing sent to the
				  respondent or applicant. No additional proof is required to be submitted to the
				  Commission before the Commission enters the final order.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter B - GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE › Section 533.5 - Transcript Cost; Interpreters and Translators

Current through Reg. 49, No. 28; July 12, 2024
(a) Cost of a transcript of a SOAH proceeding
				  ordered by a party is paid by that party. Cost of a transcript of a SOAH
				  proceeding ordered by the administrative law judge is split equally between the
				  parties.
(b) A party or witness who
				  needs an interpreter or translator is responsible for making the request under
				  SOAH rules.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter B - GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE › Section 533.6 - Filing of Exceptions and Replies

Current through Reg. 49, No. 28; July 12, 2024
(a) Any party of record who is adversely
				  affected by the Proposal for Decision of the administrative law judge may file
				  exceptions to the Proposal for Decision in accordance with SOAH's
				  rules.
(b) Exceptions and replies
				  are filed with SOAH with a copy served on the opposing party. The Proposal for
				  Decision may be amended by the administrative law judge pursuant to the
				  exceptions and replies submitted by the parties.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter B - GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE › Section 533.8 - Motions for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The timely filing of a motion for rehearing is a prerequisite to appeal. The
				  motion must be filed with the Commission by:
(1) delivering the motion in-person to the
				  Commission's headquarters;
(2)
				  sending the motion via email to administration@trec.texas.gov; or
(3) sending the motion via fax to (512)
				  936-3788, ATTN: TREC General Counsel.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter B - GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE › Section 533.9 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
In computing any period of time prescribed or allowed by
					 this Chapter, the day of the act, event, or default after which the designated
					 period of time begins to run is not included. The last day of the period so
					 computed is to be included, unless it is a Saturday, Sunday, or legal holiday,
					 in which event the period runs until the end of the next day that is not a
					 Saturday, Sunday, or legal holiday.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter B - GENERAL PROVISIONS RELATING TO PRACTICE AND PROCEDURE › Section 533.10 - Hearing: Subpoenas and Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition
				  to APA §2001.089, process may be served by an employee of the Commission
				  if that person is designated by the Commission.
(b) A witness or deponent who is not a party
				  and who is subpoenaed or otherwise compelled to attend any hearing or
				  proceeding to give a deposition or to produce books, records, papers, or other
				  objects that may be necessary and proper for the purposes of the proceeding is
				  entitled to receive mileage of $.20 a mile for going to and returning from the
				  place of the hearing or where the deposition is taken, if the place is more
				  than 25 miles from the person's place of residence and a fee of $20 a day for
				  each day or part of a day the person is necessarily present as a witness or
				  deponent.
(c) Pursuant to APA
				  §2001.089, a party who requests the issuance of a subpoena for a witness
				  or deponent under subsection (b) of this section, must deposit an amount with
				  the Commission that will reasonably ensure payment of the amounts estimated to
				  accrue under subsection (b) of this section and APA §2001.103.
(d) Pursuant to APA §2001.177, a party
				  seeking judicial review of a final decision of the Commission in a contested
				  case shall pay all costs of preparing the original or certified copy of a
				  record of the contested case proceedings.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter C - ALTERNATIVE DISPUTE RESOLUTION › Section 533.20 - ADR Policy

Current through Reg. 49, No. 28; July 12, 2024
It is the Commission's policy to encourage the fair and
					 expeditious resolution of all contested matters through voluntary settlement
					 procedures. The Commission is committed to working with all parties to achieve
					 early settlement of contested matters and encourages resolution of disputes at
					 any time.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter C - ALTERNATIVE DISPUTE RESOLUTION › Section 533.21 - Negotiated Settlement

Current through Reg. 49, No. 28; July 12, 2024
(a) Commission
				  staff and the respondent or applicant may enter into a settlement agreement
				  following negotiations at any time.
(b) Negotiations may be conducted in person
				  or by electronic, telephonic, or written communication.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 23 - TEXAS REAL ESTATE COMMISSION › Chapter 533 - PRACTICE AND PROCEDURE › Subchapter C - ALTERNATIVE DISPUTE RESOLUTION › Section 533.25 - Informal Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) Informal
				  disposition of any contested case involving a respondent may be made through an
				  informal conference pursuant to Texas Occupations Code, §
										1101.660.
(b) A respondent may request an informal
				  conference; however, the decision to hold a conference shall be made by the
				  Director of Enforcement.
(c) An
				  informal conference shall be voluntary and shall not be a prerequisite to a
				  formal hearing.
(d) An informal
				  conference may be conducted in person or by electronic, telephonic, or written
				  communication.
(e) The Director of
				  Enforcement or the director's designee shall decide upon the time, date, and
				  place of the informal conference and provide written notice to the respondent.
				  Notice shall be provided by certified mail no less than ten days prior to the
				  date of the conference to the last known mailing address of the respondent. The
				  ten days shall begin on the date of mailing. The respondent may waive the
				  ten-day notice requirement.
(f) A
				  copy of the Commission's rules concerning informal conferences shall be
				  enclosed with the notice of the informal conference. The notice shall inform
				  the respondent of the following:
(1) that the
				  respondent may be represented by legal counsel;
(2) that the respondent may offer documentary
				  evidence as may be appropriate;
(3)
				  that at least one public member of the Commission shall be present;
(4) that two staff members, including the
				  staff attorney assigned to the case, with experience in the regulatory area
				  that is the subject of the proceedings, shall be present;
(5) that the respondent's attendance and
				  participation is voluntary; and
(6)
				  that the complainant involved in the alleged violations may be
				  present.