If your Certified Public Accountant (CPA) license is under investigation, you have several rights that can help make the process as fair as possible. That said, you might not have time to research the rights afforded to you, especially if you are dealing with the stress of an investigation.
Fortunately, a Texas CPA license defense lawyer from Bertolino, LLP, can explain the rights you have as a CPA under a license investigation. They’ll answer questions about the laws that apply to your case and can even represent you during the disciplinary process. No matter how serious the allegations you’re facing are, our team can work hard to protect your license.
You Have the Right to Be Notified About Complaints Made Against Your CPA License
If your CPA license is under investigation, you have the right to receive a notice of the complaint made against you. The letter you receive will state the type of complaint made against you and notify you that an investigation file has been opened. The letter will also include documents that were included in the initial complaint.
There are several types of complaints that the Texas State Board of Public Accountancy (TSBPA) handles. Depending on your unique situation, you may receive a complaint for any of the following offenses:
- Professional misconduct
- Negligence
- Incompetence
- Fraud
- Fraud or deceit during the CPA license application process
- Aiding and abetting an unlicensed practice
- Violation of TSBPA rules
- Conviction of a crime related to your CPA duties
These are only a few examples of the allegations that you may face during a CPA investigation. If you’ve been accused of one of the above-listed offenses or something else, an attorney can explain the complaint and help you craft an effective response to it.
You Have the Right to Respond to a CPA License Investigation Letter
Once you’ve received a complaint notice, you have the right to draft a response to the complaint. You’ll have 30 days from the day you received the notice to submit a response.
It’s strongly recommended that you avoid contacting the TSBPA staff or board members directly and only respond to the notice in writing. You’ll also want to work with an experienced lawyer who can make sure your response is worded in a way that doesn’t damage your case.
Your initial response to the notice of your CPA license investigation can play a significant role in the outcome of your case. In your response, you have the right to tell your side of the story and include information and evidence that challenges the complaint accusations made against you.
With the help of a skilled lawyer, you can draft a response that can increase your chances of a positive outcome.
Your Involvement in an Informal Conference or Hearing
Once you respond to the complaint notice, your CPA license investigation will be handed off to a TSBPA enforcement committee. Based on your response and the available evidence, the committee will decide to either propose a disciplinary order or conduct an informal conference, including you and your attorney.
At an informal conference, the committee will ask you and the complainant questions, and you’ll have the right to present information that sheds light on your side of the situation. If the committee can reach an agreement with you that the TSBPA signs off on, the investigation will likely be resolved.
However, if an agreement isn’t reached, your case will go to an administrative law judge (ALJ) from the State Office of Administrative Hearings. At your hearing, you’ll have the right to defend your CPA license by offering relevant evidence and testimony.
Once both sides have presented their cases, the ALJ will recommend a resolution to the issue that the TSBPA will then vote on.
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You Have the Right to a Hearing
If you disagree with the committee recommendation, you have the right to request a hearing. An attorney can help you do so by requesting a hearing before an ALJ. During the hearing, you’ll be allowed to argue your case and offer evidence and testimony in your favor.
An attorney can help you make a strong argument as to why you shouldn’t face the punishment that the committee has recommended.
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You Have the Right to Hire an Attorney
One of the most important rights you have during a CPA license investigation is the right to hire an attorney. Hiring a trusted lawyer can dramatically increase the likelihood that you’ll get a fair result from the investigation and hearing process.
With a knowledgeable CPA license defense attorney by your side, you’ll have an excellent chance at avoiding consequences that could severely impact your career, such as:
- Probation
- Education requirements
- Corrective action
- Reprimand
- Limitations of your practice
- Suspension or revocation of your license to practice
A lawyer can help you craft a complaint notice response, compile evidence that speaks to your innocence, represent you during hearings, and answer any questions you have about the investigation process.
Schedule a Free Consultation to Discuss Your Situation Today
When your CPA license is under investigation, your career is in jeopardy, and you should take every measure you can to protect your right to practice. Fortunately, a CPA license defense attorney from Bertolino, LLP, can represent you throughout the investigation and the disciplinary process.
Contact us today to schedule a free consultation to discuss how Bertolino LLP can help protect your license and fight for your livelihood when under attack by the TSBPA. We look forward to hearing from you soon.
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