The amount of the administrative penalty assessed under this chapter will be in accordance with the following guidelines:

1. (1) an unlicensed individual who uses terms restricted for use by CPAs only in violation of §§901.451, 901.452 and 901.453 of the Act (relating to Use of Title or Abbreviation for "Certified Public Accountant"; Use of Title or Abbreviation for "Public Accountant"; and Use of Other Titles or Abbreviations) shall pay a penalty of no less than $1,000.00 and no more than $5,000.00;
2. (2) an unlicensed entity that uses terms restricted for use by licensed firms only 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;
3. (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;
4. (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;
5. (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. (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. (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. (8) an unlicensed entity that claims to be a certified public accounting firm shall pay a penalty of no less than $5,000.00 and no more than $25,000.00.

Source Note:The provisions of this §518.4 adopted to be effective June 9, 2004, 29 TexReg 5627; amended to be effective October 15, 2008, 33 TexReg 8517; amended to be effective June 7, 2012, 37 TexReg 4052.