(a) Committee appointments. Appointments to standing
committees and ad hoc committees shall be considered annually by the
board's presiding officer to assist in carrying out the functions
of the board under the provisions of the Act. Committee appointments
shall be made by the presiding officer for a term of two years but
may be terminated at any point by the presiding officer. Committee
members may be re-appointed at the discretion of the presiding officer.
The board's presiding officer shall be an ex officio member of each
standing committee and ad hoc committee and chair of the executive
committee.
(b) Committee actions. The actions of the committees
are recommendations only and are not binding until ratification by
the board at a regularly scheduled meeting.
(c) Committee meetings. Committee meetings shall be
held at the call of the committee chair, and a report to the board
at its next regularly scheduled meeting shall be made by such chair
or, in the absence of the chair, by another board member serving on
the committee.
(d) Vacancies. If for any reason a vacancy occurs on
a committee, the board's presiding officer may appoint a replacement
in accordance with subsection (a) of this section.
(e) Standing committee structure and charge to committees.
The standing committees shall consist of policy-making committees
and working committees comprised of the following individuals and
shall be charged with the following responsibilities.
(1) The executive committee shall be a policy-making
committee comprised of the board's presiding officer, assistant presiding
officer, secretary, treasurer, immediate past presiding officer of
the board if still serving on the board, and at least one other officer
elected by the board. The executive committee shall also be the board's
audit committee. The executive committee may act on behalf of the
full board in matters of urgency, or when a meeting of the full board
is not feasible; the executive committee's actions are subject to
full board ratification at its next regularly scheduled meeting. The
functions of the executive committee shall be to advise, consult with,
and make recommendations to the board concerning matters requested
by the board's presiding officer, including:
(A) the board's budget and finances;
(B) litigation;
(C) emergency suspensions pursuant to §519.12
of this title (relating to Emergency Suspension);
(D) emergency rulemaking pursuant to §2001.034
of the Administrative Procedure Act;
(E) amendments to the Act;
(F) responses/positions relating to papers, reports,
and other submissions from national or international associations
or boards;
(G) legislative oversight, including, but not limited
to, budget, performance measures, proposed changes in legislation
affecting the board, and computer utilization; and
(H) special issues.
(2) The CPE committee shall be a working committee
comprised of at least two board members, one of whom shall serve as
chair, assisted by at least two non-board members who shall serve
in an advisory capacity. The committee shall make recommendations
to the board regarding:
(A) the mandatory CPE program in accordance with Chapter
523 of this title (relating to Continuing Professional Education);
(B) investigations of sponsor compliance with the terms
of the sponsor agreements, including the related recordkeeping requirements;
(C) the results of monitoring CPE courses for the purpose
of evaluating the facilities, course content as presented, and the
adequacy of the course presenter(s);
(D) any significant deficiencies observed in carrying
out subparagraphs (B) and (C) of this paragraph; and
(E) make recommendations to the board's policy-making
committees (the executive committee and the rules committee) concerning
proposed changes in board rules, opinions, and policies related to
the mandatory CPE program as it relates to licensees and to relations
with sponsors of CPE.
(3) The qualifications committee shall be a working
committee comprised of at least two board members, one of whom shall
serve as chair, assisted by at least two non-board members who shall
serve in an advisory capacity. The committee shall make recommendations
to the board regarding:
(A) the educational qualifications of an applicant
for the UCPAE in accordance with Chapter 511, Subchapter C of this
title (relating to Educational Requirements) and courses that may
be used to meet the education requirements to take the examination;
(B) the administration, security, discipline, and other
aspects of the conduct of the UCPAE in Texas;
(C) the work experience qualifications of an applicant
for the CPA certificate in accordance with §§511.121 - 511.124
of this title (relating to Experience Requirements); and
(D) recommendations to the board's policy-making committees
(the executive committee and the rules committee) concerning proposed
changes in board rules, opinions, and policies relating to the qualifications
process.
(4) The licensing committee shall be a working committee
comprised of at least two board members, one of whom shall serve as
chair, assisted by at least two non-board members who shall serve
in an advisory capacity. The committee shall make recommendations
to the board regarding:
(A) applications for certification, registration, and
licensure;
(B) where applicable, the equivalency examination measuring
the professional competency of an applicant for a CPA certificate
by reciprocity; and
(C) recommendations to the board's policy-making committees
(the executive committee and the rules committee) concerning proposed
changes in board rules, opinions, and policies as they relate to the
licensing process.
(5) The behavioral enforcement committee shall be a
working committee comprised of at least two board members, one of
whom shall serve as chair, assisted by at least two non-board members
who shall serve in an advisory capacity. The committee shall:
(A) review requests or applications for reinstatement
of any certificate, registration, or license which the committee recommended
and the board revoked, suspended, or refused to renew;
(B) investigate complaints involving alleged violations
of the Act and the board's rules, primarily concerning behavioral
issues, and based upon its findings, make recommendations to the board
or authorize the staff to offer an agreed consent order, or in the
alternative, to litigate the findings of Act or rule violations;
(C) follow up on board orders to insure that licensees
and certificate holders and others adhere to sanctions prescribed
by or agreements with the board; and
(D) make recommendations to the board's policy-making
committees (the executive committee and the rules committee) concerning
proposed changes in board rules, opinions, and policies related to
the behavioral restraints of the rules and the Act.
(6) The technical standards review committee shall
be a working committee comprised of at least two board members, one
of whom shall serve as chair, assisted by at least three non-board
members who shall serve in an advisory capacity. The committee shall:
(A) review requests or applications for reinstatement
of any certificate, registration, or license which the committee recommended
and the board revoked, suspended, or refused to renew;
(B) investigate complaints from any source involving
alleged violations of the Act and the board's rules, primarily concerning
technical issues and based upon its findings, make recommendations
to the board or authorize the staff to offer an agreed consent order,
or in the alternative, to litigate the findings of Act or rule violations;
(C) follow up on board orders to insure that licensees
or certificate holders and others adhere to sanctions prescribed by
or agreements with the board; and
(D) make recommendations to the board's policy-making
committees (the executive committee and the rules committee) concerning
proposed changes in board rules, opinions, and policies related to
enforcement of technical standards.
(7) The peer review committee shall be a working committee
comprised of at least two board members, one of whom shall serve as
chair, assisted by at least two non-board members who shall serve
in an advisory capacity. The committee shall:
(A) conduct a periodic review of firms in accordance
with Chapter 527 of this title (relating to Peer Review);
(B) refer to the technical standards review committee
firms with deficient reviews for which educational rehabilitation
has not been effective; and
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