22 Tex. Admin. Code § 501.93
Responses
Effective Aug 4, 200429 TexReg 7304Source Note: The provisions of this §501.93 adopted to be effective June 11, 2000, 25 TexReg 5342; amended to be effective February 6, 2002, 27 TexReg 748; amended to be effective October 16, 2002, 27 TexReg 9573; amended to be effective February 4, 2004, 29 TexReg 964; amended to be effective August 4, 2004, 29 TexReg 7304.Texas Secretary of State
- (a) An applicant, certificate or registration holder shall substantively respond in writing to any communication from the board requesting a response, within 30 days. The board may specify a shorter time for response in the communication when circumstances so require. The time to respond shall commence on the date the communication was mailed, delivered to a courier or delivery service, faxed or e-mailed to the last address, facsimile number, or e-mail address furnished to the board by the applicant, certificate or registration holder.
- (b) An applicant, certificate or registration holder shall provide copies of documentation and/or working papers in response to the board's request at no expense to the board within 30 days. The board may specify a shorter time for response in the communication when circumstances so require. The time to respond shall commence on the date the request was mailed, delivered to a courier or delivery service, faxed or e-mailed to the last address, facsimile number or e-mail address furnished to the board by the applicant, certificate or registration holder. An applicant, certificate or registration holder may comply with this subsection by providing the board with original records for the board to duplicate. In such a circumstance, upon request the board will provide an affidavit from the custodian of records documenting custody and control of the records.
- (c) Failure to timely respond substantively to written board communications, or failure to furnish requested documentation and/or working papers, constitutes conduct indicating lack of fitness to serve the public as a professional accountant.
- (d) Each applicant, certificate holder and each person required to be registered with the board under the Act shall notify the board, in writing, of any and all changes in either such person's mailing address or telephone number and the effective date thereof within 30 days before or after such effective date.
- (e) An applicant, certificate or registration holder who is a party to a contested case in a disciplinary action brought by the board may be deposed at the board's offices in Austin, Texas. If the deponent is not a party to a contested case, the board will reimburse the deponent for reasonable expenses incurred to attend the deposition in accordance with §2001.103 of the Texas Government Code. Any deponent may seek a protective order concerning the place of deposition on grounds stated in Texas Rule of Civil Procedure 192.6.
Source Note:The provisions of this §501.93 adopted to be effective June 11, 2000, 25 TexReg 5342; amended to be effective February 6, 2002, 27 TexReg 748; amended to be effective October 16, 2002, 27 TexReg 9573; amended to be effective February 4, 2004, 29 TexReg 964; amended to be effective August 4, 2004, 29 TexReg 7304.