22 Tex. Admin. Code § 518.3 - Violation of a Cease and Desist Order
(a) Whenever the board, through its executive
director, determines that a person subject to a cease and desist order issued
by the board has violated that order, the board, through its executive
director, after notice and an opportunity for a hearing, may assess an
administrative penalty, after consulting with the board's presiding officer,
against the person in violation in accordance with the guidelines contained in
§
518.6
of this chapter (relating to Administrative Penalty Guidelines for the
Unauthorized Practice of Public Accountancy) and Subchapter L of the Act, as
amended.
(b) The board staff acting
through the executive director will offer the person found in violation of a
cease and desist order an agreed consent order.
(1) The agreed consent order will act as the
preliminary report as required by §
901.553
of the Act (relating to Report and Notice of Violation and Penalty), including
findings of fact to support the administrative penalty as well as the amount of
the penalty to be imposed.
(2)
Board staff will advise the person found in violation of a cease and desist
order that he has 20 days to either sign the agreed consent order or to request
a hearing in writing, as required by §
901.554
of the Act (relating to Penalty to be Paid or Hearing Requested).
(3) If the person found to be in violation of
a cease and desist order signs the agreed consent order, then the agreed
consent order will be presented to the board for its consideration. If the
board ratifies the agreed consent order, then it will issue a board
order.
(c) If the board,
through its executive director, determines that a person subject to a cease and
desist order issued by the board has violated that order, the board, through
its executive director and after consulting with the board's presiding officer,
may seek to enjoin the person in violation in state district court.
Notes
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