(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.     
     Source Note:        The provisions of this §518.6 adopted to be effective August 4, 2016, 41 TexReg 5550; amended to be effective February 3, 2021, 46 TexReg 813