1. (a) Any individual practicing or wanting to practice under a practice privilege who wishes to contest an action taken by the Board or the Executive Officer under Section 5096(g), 5096(h), or 5096(i) of the Business and Professions Code may appeal such action to the Board. The appeal shall be filed within 15 days of the date of the action or written notification of the action from the Board. Two signed copies of the appeal shall be mailed or delivered to the office of the California Board of Accountancy. The appeal shall contain the following information:

   1. (1) The name, business address, residence address, and state of licensure of the out-of-state licensee making the appeal.
   2. (2) The action being appealed and the date of the action or written notification of the action from the Board.
   3. (3) A summary of the basis for the appeal, including any information which the out-of-state licensee believes was not given adequate consideration by the Board or the Executive Officer.
2. (b) If the action taken under Section 5096(g), 5096(h), or 5096(i) of the Business and Professions Code was taken by the Executive Officer, the Board will consider only appeals based on information previously considered by the Executive Officer. If the individual wishes to submit for consideration additional evidence or information not previously submitted to the Executive Officer, such additional information should be submitted with the request for appeal. An appeal based on evidence or information not previously submitted to the Executive Officer will be referred by the Board to the Executive Officer for further consideration.
3. (c) The out-of-state licensee shall comply with any action or order of the Board until such time as the appeal is acted upon.

Note: Authority cited: Section 5010 and 5096.9, Business and Professions Code. Reference: Sections 5096, 5096.6, 5103 and 5108, Business and Professions Code; and Section 11415.50, Government Code.

History

1. Amendment filed 12-24-57; effective thirtieth day thereafter (Register 58, No. 1).

2. Amendment filed 2-4-60; effective thirtieth day thereafter (Register 60, No. 3).

3. Amendment filed 4-9-74; effective thirtieth day thereafter (Register 74, No. 15).

4. Amendment filed 12-24-75; effective thirtieth day thereafter (Register 75, No. 52).

5. Amendment filed 4-12-83; effective thirtieth day thereafter (Register 83, No. 16).

6. Amendment of section heading, section and Note filed 2-26-96; operative 3-27-96 (Register 96, No. 9).

7. Designation and amendment of first paragraph as subsection (a), new subsections (b)-(c) and amendment of Note filed 5-1-2006; operative 5-31-2006 (Register 2006, No. 18).

8. Renumbering of former section 21 to section 36.1 and new section 21 filed 6-10-2013 as an emergency; operative 7-1-2013 pursuant to Government Code section 11343.4(b)(2) (Register 2013, No. 24). A Certificate of Compliance must be transmitted to OAL by 12-30-2013 or emergency language will be repealed by operation of law on the following day.

9. Editorial correction of History 8 (Register 2013, No. 40).

10. Certificate of Compliance as to 6-10-2013 order, including nonsubstantive amendment of Note, transmitted to OAL 11-5-2013 and filed 12-18-2013 (Register 2013, No. 51).