Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 22 - TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 519 - PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 519.12 - Emergency Suspension

Current through Reg. 49, No. 28; July 12, 2024
(a) Whenever
				  the board, through its executive committee, determines that a licensee or
				  certificate holder is engaged in or about to engage in an act of fraud or a
				  violation of the Act and the licensee's or certificate holder's continued
				  practice constitutes an immediate threat to the public welfare, the board,
				  through its executive committee, may issue an order temporarily suspending the
				  licensee's or certificate holder's license without notice and without a
				  hearing. An order temporarily suspending a license issued by the executive
				  committee must be ratified by the board at its next regularly scheduled
				  meeting.
(b) "Immediate threat to
				  the public welfare" means a real and present danger to clients caused through
				  the licensee's or certificate holder's lack of competence, impaired status, or
				  failure to adequately service clients. A "real and present danger" exists if
				  clients have a likely exposure to or significant risk of loss of funds or
				  records or financial injury and is based on actual actions or inactions of the
				  licensee or certificate holder. The executive committee may consider
				  information that the licensee or certificate holder previously committed
				  similar actions or inactions in determining whether the licensee or certificate
				  holder poses an immediate threat to commit such actions or inactions in the
				  future.
(c) Pursuant to Chapter 551
				  of the Texas Government Code (relating to Open Meetings), the executive
				  committee may hold a meeting by telephone conference call if immediate action
				  is required and the convening at one location of the executive committee is
				  difficult or impossible. Whenever possible, the executive committee will
				  attempt to provide the licensee or certificate holder with notice and an
				  opportunity to be present at the emergency suspension proceeding.
(d) The determination of the executive
				  committee may be based not only on evidence admissible under the Texas Rules of
				  Evidence, but may be based on information of a type on which a reasonably
				  prudent person commonly relies in the conduct of the licensee's or certificate
				  holder's affairs. Presentations by the parties may be based on evidence or
				  information and shall not be excluded on objection of a party unless determined
				  by the chair that the evidence or information is clearly irrelevant or unduly
				  inflammatory in nature; however, objections by a party may be noted for the
				  record. Witnesses may provide sworn statements in writing or verbally and may
				  choose to provide statements that are not sworn. However, whether a statement
				  is sworn may be a factor to be considered by the executive committee in
				  evaluating the weight to be given to the statement. Questioning of witnesses by
				  board staff, the respondent or executive committee members is under the control
				  of the executive committee chair.
(e) The executive committee shall immediately
				  serve notice of the suspension on the licensee or certificate holder in
				  accordance with §
										901.5045(b)
				  of the Act (relating to Emergency Suspension). The suspended licensee or
				  certificate holder shall be provided the opportunity to request a hearing in
				  accordance with §901.5045(c) of the Act. The hearing shall be conducted in
				  the manner of a contested case pursuant to the Act, the APA, the board's rules
				  and SOAH's rules; provided that time limits provided in §901.5045(c) of
				  the Act shall control. At the close of the hearing, the ALJ shall recommend to
				  the executive committee whether to uphold, vacate or modify the suspension
				  order. If the ALJ's recommendation is to vacate the emergency suspension order,
				  the executive committee shall determine whether to adopt that recommendation no
				  later than the second business day after it receives that
				  recommendation.