If you’re a certified public accountant facing disciplinary action from the Texas State Board of Public Accountancy (TSBPA), a CPA license defense lawyer can represent you in administrative hearings.
These formal proceedings before the State Office of Administrative Hearings determine whether you’ll face penalties like license suspension or revocation. With so much at stake for your career, enlisting a skilled Texas CPA license/tax license defense lawyer ensures you have legal advocacy protecting your professional interests and rights at these high-stakes hearings.
What the Administrative Hearing Process Entails
A Texas professional license defense lawyer can explain what will happen during your administrative hearing and prepare you for every step of the process.
If the TSBPA determines there is sufficient evidence of a violation after investigating a complaint against your CPA license, they will initiate formal disciplinary proceedings. This process culminates in an administrative hearing before an impartial Administrative Law Judge (ALJ) at the State Office of Administrative Hearings (SOAH).
These hearings are highly formal and follow strict procedures akin to a trial in a civil court. The Board’s attorneys will present evidence and call witnesses to prove the allegations against you. Your lawyer can cross-examine their witnesses, object to improper evidence or testimony, and mount a vigorous defense by calling your own witnesses and introducing your own evidence.
Testifying in an Administrative Hearing
You’ll have the opportunity to testify on your own behalf. Also, your CPA license defense attorney can call any supporting witnesses or present documentary evidence countering the claims against your professional conduct. Both sides can make opening and closing arguments before the ALJ.
Proposal for Decision
After weighing all the evidence and arguments from both parties, the ALJ will issue a Proposal for Decision (PFD), as required per Title 1 Tex. Admin. Code § 155.507. The ALJ will decide whether any violations occurred and, if so, what disciplinary sanctions are appropriate.
While the Board of Public Accountancy is not completely bound by this recommendation, they typically adopt the PFD unless clear errors are identified that support deviating from the PFD. Given the formality and adversarial nature of these proceedings, having an experienced CPA license defense lawyer representing and advising you is invaluable and critical to a successful outcome.
How a CPA License Defense Lawyer Can Help With the Administrative Hearing Process
A skilled Texas CPA license/tax license defense attorney knows the nuances of administrative hearings and can provide invaluable representation throughout this complex process. They know how to defend your CPA license and can:
- Formulate a comprehensive legal strategy and defenses tailored to refuting the specific allegations in your case. This involves meticulously reviewing all evidence, investigating mitigating circumstances, and researching applicable statutes and board regulations.
- Thoroughly prepare you for all facets of the hearing by explaining all procedural steps, preparing your sworn testimony, and conducting mock cross-examinations.
- If applicable, identify, prepare, and call expert witnesses to counter the complaints or bolster defenses with specialized analysis or testimony regarding your professional conduct.
- Aggressively cross-examine and challenge the board’s witnesses or evidence through skilled examination to identify biases, flaws, or inconsistencies to undermine the prosecution’s case.
- Handle all pretrial procedural requirements such as motions, discovery matters, and any interim hearings, allowing you to focus on your defense rather than complex legal processes.
Most importantly, a CPA license defense lawyer tenaciously advocates to protect your professional rights, reputation, and career at every turn. They provide objective counsel while passionately arguing for the minimum disciplinary actions or outright dismissal of charges against you.
Potential Outcomes of a CPA License Administrative Hearing
The ALJ’s Proposal for Decision lays out recommended findings addressing whether any violations occurred, the specific grounds for discipline, and what disciplinary sanctions should apply based on factors like:
- The nature and severity of the proven violations
- Any potential harm to clients, the public, or the accountancy profession
- Prior disciplinary history or actions by other authorities
- Potential mitigating evidence or circumstances
Depending on the specifics of your case, the judge can recommend severe penalties such as actively suspending or fully revoking your CPA license if serious violations like fraud, gross negligence, or unlawful conduct are proven.
For less egregious matters, they may suggest more limited sanctions like a probated suspension, required additional education courses, fines, or reprimands. The Board of Public Accountancy has final authority to ultimately accept, reject, or modify the judge’s discipline recommendations within defined legal parameters.
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Don’t Risk Your Career—Retain a CPA License Defense Attorney
The grave, potentially career-ending ramifications of disciplinary actions by the TSBPA cannot be overstated. Even lesser sanctions like fines and reprimands create a permanent blemish that can jeopardize your professional reputation and future opportunities.
With so much at stake, representing yourself in these adversarial administrative hearings proves risky. Boards are inherently incentivized to safeguard the public and profession by imposing harsh discipline, but a dedicated legal advocate can counter their arguments.
An attorney can prepare you for an administrative hearing and represent you during disciplinary proceedings before the Texas State Board of Public Accountancy.
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Our CPA License Defense Lawyers Can Represent You in Your Administrative Hearing; Call Us Now!
For over 16 years, our nationally-recognized license defense team at Bertolino LLP in Austin has defended Texas CPAs statewide during this crucial stage. Our attorneys’ understanding of the board’s processes, rules, and expected standards allows us to formulate powerful defense strategies and aggressively protect your license.
Do not put your professional future at risk by going it alone against the Board’s prosecuting attorneys. Retain legal representation from Bertolino LLP’s CPA license defense lawyers from the outset. Call us now to begin your case with a free initial consultation.
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