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RULE §501.91Reportable Events

(a) A licensee or certificate holder shall report in writing to the board the occurrence of any of the following events within 30 days of the date the licensee or certificate holder has knowledge of these events:

  (1) the conviction or imposition of deferred adjudication of the licensee or certificate holder of any of the following:

    (A) a felony;

    (B) a crime of moral turpitude;

    (C) any crime of which fraud or dishonesty is an element or that involves alcohol abuse or controlled substances; and

    (D) any crime related to the qualifications, functions, or duties of a public accountant or CPA, or to acts or activities in the course and scope of the practice of public accountancy or as a fiduciary;

  (2) the cancellation, revocation, or suspension or a voluntary consent decree of the right to practice as a CPA or a public accountant before any governmental body or agency or state, foreign country, or other jurisdiction;

  (3) an un-appealable adverse finding in any state or federal court or an agreed settlement in a civil action against the licensee or certificate holder concerning professional accounting services or professional accounting work or a finding of a breach of fiduciary duty, fraud or misappropriation; or

  (4) the revocation, suspension, voluntary consent decree or any limitation on a professional license from any state or federal regulatory agency such as an insurance license or a securities license, resulting from an un-appealable adverse finding.

(b) The report required by subsection (a) of this section shall be signed by the licensee or certificate holder and shall set forth the facts which constitute the reportable event. If the reportable event involves the action of an administrative agency or court, then the report shall set forth the title of the matter, court or agency name, docket number, and dates of occurrence of the reportable event.

(c) Nothing in this section imposes a duty upon any licensee or certificate holder to report to the board the occurrence of any of the events set forth in subsection (a) of this section either by or against any other licensee or certificate holder.

(d) As used in this section, a conviction includes the initial plea, verdict, or finding of guilt, plea of no contest, or pronouncement of sentence by a trial court even though that conviction may not be final or sentence may not be actually imposed until all appeals are exhausted.

(e) Interpretive Comment: A crime of moral turpitude is defined in this chapter as a crime involving grave infringement of the moral sentiment of the community and further defined in §501.90(18) and §519.7 of this title (relating to Discreditable Acts and Misdemeanors that Subject a Certificate or Registration Holder to Discipline by the Board).

Source Note: The provisions of this §501.91 adopted to be effective June 11, 2000, 25 TexReg 5341; amended to be effective February 4, 2004, 29 TexReg 964; amended to be effective February 17, 2008, 33 TexReg 1098; amended to be effective December 8, 2010, 35 TexReg 10694; amended to be effective December 7, 2011, 36 TexReg 8237; amended to be effective October 12, 2016, 41 TexReg 8068

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