1. (a) Whenever the board, through its Executive Committee, determines that a person is engaging in an act or practice that constitutes the practice of public accountancy without a license issued under the Act, the board, through its Executive Committee, after notice and an opportunity for a hearing, may issue a cease and desist order prohibiting the person from engaging in that activity. The Executive Committee may issue a cease and desist order by agreement or after a hearing in a contested matter. A cease and desist order issued by the Executive Committee must by ratified by the board at its next regularly scheduled meeting.
2. (b) A hearing under this rule shall be conducted in the manner of a contested case pursuant to the Act, the APA, the board's rules and SOAH's rules; provided that the time limits provided in this rule control.
3. (c) Upon the filing of a request to docket the case, SOAH shall set the matter for hearing no later than 20 days from the date of the request. The ALJ shall deliver a PFD and recommendation as to whether a cease and desist order should be issued to the Executive Committee no later than five days after the completion of the hearing. The Executive Committee shall make its determination as to whether to issue a cease and desist order no later than five days after receipt of the PFD and recommendation.
4. (d) Pursuant to Chapter 551 of the Texas Government Code (relating to Open Meetings), the Executive Committee may hold a meeting by telephone conference call if immediate action is required and the convening at one location of the Executive Committee is inconvenient for any member of the Committee.

Source Note:The provisions of this §518.2 adopted to be effective June 9, 2004, 29 TexReg 5627.