| (a) The board has the sole discretion in determining
if a penalty will be assessed as well as the amount of the penalty.
If assessed, the penalty will be in accordance with the following
guidelines:
(1) an unlicensed individual who uses terms restricted
for use by CPAs in violation of §§901.451, 901.452, 901.453
or 901.454 of the Act (relating to Use of Title or Abbreviation for "Certified
Public Accountant"; Use of Title or Abbreviation for "Public
Accountant"; Use of Other Titles or Abbreviations; and Title
Used by Certain Out-of-State or Foreign Accountants) shall pay a penalty
of no less than $1,000.00 and no more than $5,000.00 for a first offense;
and no less than $5,000.00 and no more than $25,000.00 for two or
more offenses;
(2) an unlicensed entity that uses terms restricted
for use by licensed firms in violation of §901.351(a) of the
Act (relating to Firm License Required) shall pay a penalty of no
less than $5,000.00 and no more than $10,000.00 for a first offense;
and no more than $25,000.00 for two or more offenses;
(3) an unlicensed individual who asserts an expertise
in accounting through use of the term "accounting service"
or any variation of that term shall pay a penalty of no less than
$1,000.00 and no more than $5,000.00 for a first offense; and no more
than $25,000.00 for two or more offenses;
(4) an unlicensed entity that asserts an expertise
in accounting through use of the term "accounting service"
or any variation of that term shall pay a penalty of no less than
$5,000.00 and no more than $10,000.00 for a first offense; and no
more than $25,000.00 for two or more offenses;
(5) an unlicensed individual who claims to provide
attest services shall pay a penalty of no less than $5,000.00 and
no more than $25,000.00;
(6) an unlicensed entity that claims to provide attest
services shall pay a penalty of no less than $5,000.00 and no more
than $25,000.00;
(7) an unlicensed individual who claims to be a CPA
shall pay a penalty of no less than $5,000.00 and no more than $25,000.00;
and
(8) an unlicensed entity that claims to be a CPA firm
shall pay a penalty of no less than $5,000.00 and no more than $25,000.00.
(b) An offense is counted as a second or more offense
when the person has been notified in writing by the board that the
person's actions violate the Public Accountancy Act and the person
fails to correct the violation(s) within the time required in the
written notification.
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