Official Newsletter of BERTOLINO LLP | | | |
Our Firm
Tony R. Bertolino, Esq.
Managing Partner
Sheri L. Middlemas
Chief Operating Officer
Troy Beaulieu, Esq.
Director of Legal Services
LaJuana Acklin, Esq.
Senior Associate Attorney
Kerry Bloodsaw, Esq.
Associate Attorney
Amy Cadwell, Esq.
Associate Attorney
London de la Teja
Accounts Receivable Manager
Melissa Hooper
Legal Support Manager
Valerie Rivera
Paralegal [Certificated]
Cimone Murphree
Public Education and Awareness Manager
Jasen Dalus
Client Success Manager
Donald Collora
Client Success Liaison
Dena Lackey
Marketing Specialist
| | |
Texas State Board of Public Accountancy FAQs and Defending Your Accountant License.
By Tony Bertolino, Esq.
The Texas State Board of Public Accountancy (TSBPA) ensures that all Texas certified public accountants (CPAs) comply with the rules and laws that apply to the nursing profession. As a result, TSBPA receives, investigates, and pursues disciplinary complaints against licensees if necessary.
If TSBPA ultimately decides that you have violated a rule or law, you could face sanctions that are extremely damaging to your license and career. An accountant license defense attorney can guide you through any disciplinary proceedings that you may be facing and help you fight to safeguard your license and career. The following Frequently Asked Questions (FAQ) explain more about disciplinary proceedings for CPAs.
- What is the Texas State Board of Public Accountancy (TSBPA)?
- What are some reasons for disciplinary complaints against accountants?
- What happens when TSBPA receives a complaint against a CPA?
- How does the TSBPA resolve disciplinary complaints?
- What is an Agreed Consent Order?
- Do accountants have hearings in their disciplinary proceedings?
- What sanctions can accountants receive from TSBPA in disciplinary proceedings?
1. What is the Texas State Board of Public Accountancy (TSBPA)?
TSBPA receives complaints against any accountants accused of violating an applicable rule or law. They investigate each complaint for violations of the Public Accountancy Act and TSBPA’s disciplinary rules. If necessary, they bring formal disciplinary action against certified public accountants.
2. What are some reasons for disciplinary complaints against accountants?
Generally, any violation of the Public Accountancy Act or TSBPA’s disciplinary rules by a CPA is grounds for disciplinary action. However, more specific grounds for disciplinary action include the following:
- Fraud or deceit in any aspect of licensing;
- Fraud, dishonesty, or gross negligence in performing CPA services;
- Knowingly participating in the preparation of a false or misleading financial statement or tax return;
- Failing to file personal or business income tax returns;
- Final conviction or deferred adjudication of a criminal offense that:
- Is a felony offense; or
- Contains fraud or dishonesty as an element of the offense; or
- Conduct indicating a lack of fitness to serve the public as a CPA.
3. What happens when TSBPA receives a complaint against a CPA?
When TSBPA receives a complaint against a licensed accountant, the agency's Enforcement Division must investigate whether enforcement action against the accountant is necessary. If the complaint contains no allegations of professional misconduct, the TSBPA will dismiss the complaint with no further action.
On the other hand, if the complaint contains allegations of professional misconduct, the Enforcement Division will open an investigation. Next, the Enforcement Division notifies the CPA of the complaint and gives them 30 days to respond in writing.
Once the Enforcement Division receives the CPA’s response to the complaint, they refer the case to a TSBPA enforcement committee. That committee reviews the complaint and determines how to proceed at that point.
4. How does the TSBPA resolve disciplinary complaints?
If TSBPA finds no evidence of a violation, it will dismiss the complaint. If TSBPA finds evidence of a violation, it can try to resolve the complaint through an informal conference designed to reach an agreed consent order between the agency and the licensee. If the parties are unable to.
5. What is an Agreed Consent Order?
In most disciplinary cases, TSBPA will schedule an informal conference with the complainant and the licensee to try to resolve the matter by agreement. If they agree, each will sign an Agreed Consent Order (ACO). An ACO is an agreement between the licensee and TSBPA outlining the violation(s) at issue and the agreed-upon sanction(s) for the violation(s). The TSBPA reviews all ACOs and either accepts or rejects them.
6. Do accountants have hearings in their disciplinary proceedings?
If the TSBPA and the licensee cannot reach an ACO through an informal conference or otherwise reach an agreement to dispose of the complaint, the TSBPA typically refers the complaint to the State Office of Administrative Hearings (SOAH). SOAH assigns an administrative law judge (ALJ) to hear evidence from the TSPBA and the CPA. After the hearing, the ALJ will issue a proposal for decision (PFD) to TSPBA, who will vote to accept, reject, or amend the PFD. The TSBPA retains ultimate decision-making power for finding violations and assessing sanctions against licensees.
7. What sanctions can accountants receive from TSBPA in disciplinary proceedings?
Sanctions in TSBPA disciplinary proceedings can range from one or more of the following:
- Limitations or restrictions on the scope of practice or ability to practice;
- Corrective action;
- Completion of additional education requirements;
- Completion of a peer review program sanctioned by TSBPA;
- Assessment of administrative penalties or fines;
- Imposition of direct administrative costs of the disciplinary proceedings;
- Issuance of reprimands;
- Payment of restitution;
- Placement on probation; and
- Suspension or revocation of licenses.
No matter the sanction the TSBPA chooses in a disciplinary case, it can assess an administrative penalty against the licensee alone or in conjunction with another sanction. The amount of an administrative penalty depends on whether TSBPA classifies the violation as minor, moderate, or major but cannot exceed $100,000 per violation. This determination considers the seriousness of the violation, the history of prior violations, the threat or harm of the violation to the public, economic property damage caused by the violation, efforts made to correct the violation, and any other matter that justice may require.
Furthermore, if TSBPA decides to impose a probated license suspension, the CPA will have various responsibilities and conditions set by that suspension. For instance, the probated suspension may require the CPA to:
- Impose an administrative penalty
- Probate the suspension of a license, but require
- Regular reports to the TSBPA on matters related to the suspension
- Limited practice in areas set by the TSBPA
- Continue or renew professional education
The TSBPA also can order a combination of any of the above sanctions, depending on the situation.
Get Legal Advice and Protect Your CPA License
A Bertolino LLP CPA license defense lawyer can review your case and help you determine the best strategy to oppose the allegations against you. We can work to protect your license and minimize the impact of the disciplinary complaint that you are facing. Call us today at (512) 476-5757 or get more information about us online.
| |
Limited Series: "Sheri-isms" in Action
All In. All Out. All Year.
by Sheri Middlemas
| | |
"This year’s team motto All In. All Out. All Year. reflects how we approach every client relationship, every engagement, and every decision we make." All In. All Out. All Year.
As we enter 2026, our focus at Bertolino LLP is simple and unwavering: delivering consistent, dependable excellence for the clients who trust us with their work.
This year’s team motto All In. All Out. All Year. reflects how we approach every client relationship, every engagement, and every decision we make.
Being All In means fully understanding our clients’ goals, industries, and challenges. It means approaching our work with intention, foresight, and a deep sense of responsibility. We don’t just respond. We anticipate, advise, and align our services to support long-term success.
Being All Out speaks to how we execute. It’s the rigor behind our processes, the precision in our work, and the responsiveness our clients experience every day. It’s a commitment to quality, follow-through, and solutions that stand up under scrutiny. All Out means our clients can rely on us to deliver, not just meet expectations.
And All Year is what truly defines our approach.
Our clients don’t operate on a quarterly cycle, and neither do we. They need partners who perform consistently, not just during peak moments or urgent situations. All Year means sustained focus, proactive service, and operational stability that supports our clients through every phase of their business.
From an operational standpoint, this commitment drives how we invest in systems, talent, and process improvement. The result is efficiency, clarity, and confidence for our clients in every interaction. It also means continually refining how we serve, ensuring our standards evolve alongside the needs of those we support.
As Chief Operating Officer, my responsibility is to ensure that our firm operates with the discipline, structure, and foresight necessary to earn and keep our clients’ trust … today and throughout the year ahead.
In 2026, All In. All Out. All Year. is our promise to our clients: unwavering commitment, consistent execution, and a partnership built to last.
| | |
Blue Cross Blue Shield v. BT
Facts: Our client, BT, hired us to assist in defending against a decision to terminate insurance credentials.
Outcome: The Firm analyzed the facts and applicable termination policy. It was determined that BCBS lacked grounds to terminate his credentials. The Firm crafted a robust advocacy response in support of overturning the decision and represented BT during the appeal. BCBS overturned the decision to terminate BT’s credentials. Since the Firm successfully defended BT’s livelihood, career, and reputation, BT can continue to serve the patients in his community.
| |
Texas Appraiser Licensing and Certification Board v. PL
Facts: PL hired Bertolino LLP to defend him against a complaint filed with the Board by Fannie Mae. The complainant made accusations that PL had violated state law, the Uniform Standards of Professional Appraisal Practice (USPAP), and Board rules in connection with his appraisal of a residential property in a mortgage finance transaction that Fannie Mae had purchased. These allegations threatened to harm PL’s professional reputation and exposed him to risk of disciplinary sanctions from the Board.
Outcome: Bertolino LLP evaluated the complaint accusations and assessed the applicable law. We compiled the necessary documents, crafted compelling arguments and assembled evidence to fight back against Fannie Mae’s false accusations. The goal was to show the Board this complaint was invalid and PL’s complaint needed to be dismissed. Bertolino LLP’s legal team developed a solid written response supporting dismissal of all the accusations. The Board considered our submission and agreed to dismiss the charges in full. The Board took no action against our client. This allowed PL to focus on his appraisal practice and take care of his clients without dealing with this unsupported complaint and the risk of disciplinary action by the Board.
| | |
Seven Common Oversights That Can Get You in Trouble With Your Regulator
by Troy Beaulieu, Esq.
| | |
Most people try to meet the obligations of their professional or occupational license. People want to do the right thing and work hard to be ethical, competent and diligent in their work for clients, patients and users of their services and products. However, life is busy and people are often tied up with work, family obligations and commitments. It’s easy to lose sight of some of the more mundane, periodic requirements people must satisfy as a license holder.
As a license defense attorney and a former regulator myself, I can say that there are certain things people overlook which can lead to problems with your regulatory agency. Often, it’s not until an otherwise groundless complaint gets filed and the government investigates your practice that they notice one of these shortcomings. What would ordinarily have been a straightforward dismissal of a groundless complaint from an unreasonable client, patient or consumer now may turn into a legitimate complaint with disciplinary action due to your failure to comply with the law.
These common seven oversights are worth paying close attention to and investing some time and resources into so that you don’t end up facing a complaint or receiving disciplinary action from your regulator.
-
Records Deficiencies – Many license holders forget their records obligations. The law prescribes specific documentation you are required to keep in your file for each patient, client, consumer or services / transaction. Sometimes, it can involve obligations to retain records for a certain period or to destroy them in a safe and appropriate manner to protect confidential information. Other times it has to do with data breach / security issues and the obligation to notify clients, patients or consumers when that occurs. Regardless of the particulars, records deficiencies are a very common issue where license holders can get tripped up and receive discipline from their regulator. Staying on top of your records obligations is key to staying out of trouble and having those records available is also critical to successfully challenging groundless allegations made against you. Consult a lawyer before problems arise to stay on top of your records obligations and protect your business, your license, and your livelihood.
-
Unlicensed Activity – Its easy to be busy with work, family and other obligations and loose sight of the practice boundaries your license provides. Before you know it, you could be practicing beyond the scope of your license limitations. This is a violation of the law, and in many instances can even be treated as a crime. Rmembering the bounds of your license and when you need to consult with another license holder who has the appropriate license, knowledge and competence is crucial if you want to avoid problems with your regulator. If you are considering starting a new business or expanding your services and products offered, you need legal advice to determine whether a new, additional or upgraded license, registration or permit needs to be acquired from the government first. Asking for it afterwards is typically not going to prevent the government from coming after you, so its important to get legal advice about these boundaries to protect you from disciplinary consequences harming your business, your livelihood and your reputation.
-
Failure to Renew Your License Timely – Many people hold licenses in multiple jurisdictions or have a sudden growth in their business and it’s easy to forget about renewing your license timely. If you don’t, most state agencies will treat that as practicing without a license. You could face disciplinary action, pay late fees and face other legal risks connected to practicing when you do not have an active and valid license. It is often treated as a crime and can have serious consequences for you professionally such as the inability to rely on your malpractice or errors and omissions insurance, accusations of fraudulent billing (because you didn’t hold a valid license, but you still billed insurance or the government for the services). Employees of your business may forget to renew their license, and those consequences can impact your business too. Having clear, written and well-documented processes for timely license renewal protects you and your business from regulatory liability. Consult a regulatory compliance lawyer to help you proactively address these issues before they cause problems.
-
Incomplete Continuing Education – Most professional or occupational license regulatory agencies require license holders to complete annual or biannual continuing education. Failure to complete these requirements can lead to disciplinary consequences, fines, and suspension or loss of your license. Courses aren’t always readily available, and integrating time into your busy schedule to complete these classes can be challenging. On top of that, you often must report completion of the coursework and submit course completion certificates (or other proof) to your regulator. Many state agencies periodically audit continuing education coursework to make sure people really have completed their obligations. Many times, I’ve seen people forget to complete their coursework in a timely manner, which can lead to regulatory investigations and disciplinary consequences. Having clear, written and well-documented processes for you and your employees to complete their continuing education obligations timely protects everyone from damaging regulatory consequences. Contact a regulatory compliance attorney to help you develop the policies and procedures that keep you, your employees and your business out of legal trouble.
-
Failure to Supervise Other Employees Adequately – Many businesses and professional practices involve a variety of employees who hold different types of licenses needed to provide services to your clients, patients and consumers. However, much of that work comes with supervisory obligations imposed by your regulatory agency. For example, physicians must supervisor physician assistants and nurse practitioners, real estate appraisers must supervise their trainees, licensed professional counselor supervisors must oversee the practice of their licensed professional counselor associates, attorneys must supervisor their legal support staff, and licensed plumbers and electricians must supervise their apprentice level employees. In the busy, fast-paced environment we work in, it’s easy to lose sight of those obligations and forget to check on things. When that happens, you expose yourself to regulatory liability before your licensing agency. This can lead to disciplinary action, including suspension or revocation of your license. Knowing what your supervisory obligations are, and having a written process in place that everyone in your business or practice has been trained on is critical to avoiding this significant regulatory consequence. You don’t’ want the first time that you’re addressing this issue to be when you are responding to a complaint made by a client or patient. Get the legal counsel you need up front, put a plan in place and make sure your people are trained properly on their obligations so you and your business stay out of regulatory trouble.
-
Failure to Disclose or Report Matters or Misrepresent Them – When you renew your license or apply to update your license, or obtain a new kind of credential, you may forget about a legal issue that happened years ago, but that your regulator requires you to disclose. It could be a minor criminal matter when you were in college, it could be a civil lawsuit that you settled with the help of your malpractice carrier. It could be something recent that your regulator requires you to disclose within very specific timeframes (even if you may think you were not convicted of anything). Regardless, if you don’t disclose those issues properly and fully, you can face disciplinary action and/or denial of your application for licensure. It’s easy to get confused about what does and does not need to be disclosed. Some records are sealed, some may have been expunged, some involve a confidential settlement agreement and each unique situation requires scrutiny by a trained attorney, so you don’t make a mistake and expose yourself to regulatory consequences that harm your business, your license, your reputation and your livelihood. In fact, if your regulatory agency thinks your oversight was an intentional lie, the regulator can deny your license or even consider referring you to law enforcement for criminal prosecution because making false statements on a license application in Texas can be a crime. Don’t wait -- get the legal help you need to navigate the complicated waters associated with license applications, renewals and self-reporting obligations.
-
Billing / Time Entry Oversights – Sometimes simple billing errors or timecard oversights can lead to huge regulatory problems that threaten your business and your license. Invoices or billing records submitted incorrectly to an insurance company or the government for payment can lead to serious legal liability, including regulatory, civil or even criminal charges. You need to have solid systems, processes and procedures in plan and the appropriate training for your employees so that your business, your license and your livelihood are protected. Don’t wait until the problems arise. Get the regulatory legal advice, guidance and assistance you need to stay out of trouble.
Things that seem simple and ordinary can have huge regulatory consequences for your license and your business. Invest in legal counsel and guidance to keep your business and your regulated license on the right path that avoids disciplinary consequences which harm your reputation, livelihood and career. Call the Bertolino Law Firm today and we can help you tackle these issues proactively and effectively so you can focus on growing your business and career without worrying that you are out of compliance and exposed to legal consequences.
| | |
Engage with your regulatory agency like never before! Navigating the laws that govern your license and profession can be challenging. That’s why we’ve created Know Your Regulator, an educational resource designed to help license holders take charge of their careers. Stay informed with important agency updates, gain valuable insights, and discover opportunities to enhance your professional license by following and subscribing to our podcast and Youtube channel.
Ever wonder why smart, diligent professionals still get blindsided by licensing trouble? The answer isn’t malice… it’s momentum. We pull together our most-listened lessons of the year to show how moving quickly within a system you don’t fully understand can turn a small issue into a career-sized problem.
Episode 64: Most-Watched, Most-Useful: Know Your Regulator’s Biggest Takeaways of 2025
Click here or the video to view..
| Empower your license and career, and stay ahead in your industry. Take advantage of our free educational resources by visiting Know Your Regulator today! | |
Learn how you can proactively protect your license by engaging with your regulator and staying informed about regulatory developments in your industry.
With Bertolino LLP's insights regulatory insight, suggestions, and information, we can help you minimize your compliance risk profile and stay ahead of your competition by engaging with your regulator.
| | | |
Recognition Days:
January 2026 Calendar
Team Bertolino is grateful for the expertise and dedication of these professionals. Thank you for your outstanding contributions to your respective industries.
January Professional Days
01.01: National Eye Care Month
01.02: National Personal Trainer Day
01.09. National Law Enforcement Day
01.12: National 4th Graders Day
National Pharmacist Day
01.19: Elementary School Teacher Day
01.23: National Report Pharmaceutical Fraud Day
National Certified Registered Nurse
Anesthetists Week
01.24 International Day of Education
01.25: National IV Nurse Day
01.28: American Immigration Lawyers
Association Day of Action
National Pediatrician Day
| | |
12 Days of Compliance
A quick, practical way to protect your license!
Let's start the year by sharing something we truly enjoyed creating as a team. During the holidays, the Bertolino LLP attorneys and staff recorded a short, holiday-themed video series called 12 Days of Compliance. Each day features a different team member sharing one practical tip to help Texas professionals protect their licenses.
Now we are sharing the full playlist with our clients so you can watch all twelve videos at your own pace. In less than 15 minutes total, you will get clear, helpful guidance you can use right now to reduce risk, avoid common missteps, and stay ahead of compliance issues.
These videos are not about reacting to problems. They are about awareness, prevention, and smart habits that help you protect what you have worked hard to earn.
Start with Day One
In the first video, Tony Bertolino, Managing Partner at Bertolino LLP, explains an important reality many professionals do not realize. Texas licensing boards do not need a complaint or phone call to open an investigation. Information can come from employers, mandatory reporters, statewide databases, and national systems.
Understanding how investigations start is the first step to protecting your license.
You can watch all twelve videos in one place on the Know Your Regulator YouTube playlist.
Subscribe to the Know Your Regulator YouTube Channel for more helpful tips and highly knowledgeable quests that can provide all that you might want to know about your license and regulator or board!
It is a fast, approachable way to stay informed and proactive.
-Bertolino LLP Team
| | BERTOLINO LLP | (512) 476-5757 | 823 Congress Avenue, Suite 300, Austin, TX 78701 www.bertolinolaw.com | info@bertolinolaw.com | | | | |