10.82—Expedited suspension.
        
        (a) When applicable.
         Whenever the
 Director of the Office of Professional
 Responsibility determines that a practitioner is
 described in paragraph (b) of this section, the
 Director of the Office of Professional
 Responsibility may institute a proceeding under
 this section to suspend the practitioner from
 practice before the Internal Revenue Service.
    
    
        
        (b) To whom applicable.
         This
 section applies to any practitioner who, within
 five years of the date a complaint instituting a
 proceeding under this section is served:
    
    
        
        (1) 
         Has had a license to practice as an
 attorney, certified public accountant, or actuary
 suspended or revoked for cause (not including
 failure to pay a professional licensing fee) by
 any authority or court, agency, body, or board
 described in  § 10.51(a)(10).
    
    
        
        (2) 
         Has, irrespective of whether an appeal has
 been taken, been convicted of any crime under
 title 26 of the United States Code, any crime
 involving dishonesty or breach of trust, or any
 felony for which the conduct involved renders the
 practitioner unfit to practice before the Internal
 Revenue Service.
    
    
    
        
        (4) 
         Has been sanctioned by a court of competent
 jurisdiction, whether in a civil or criminal
 proceeding (including suits for injunctive
 relief), relating to any taxpayer's tax liability
 or relating to the practitioner's own tax
 liability, for—
    
    
    
    
    
        
        (c) Instituting a proceeding.
         A
 proceeding under this section will be instituted
 by a complaint that names the respondent, is
 signed by the Director of the Office of
 Professional Responsibility or a person
 representing the Director of the Office of
 Professional Responsibility under  § 10.69(a)(1) ,
 is filed in the Director of the Office of
 Professional Responsibility's office, and is
 served according to the rules set forth in
 paragraph (a) of  § 10.63. The complaint must give
 a plain and concise description of the allegations
 that constitute the basis for the proceeding. The
 complaint must notify the respondent—
    
    
    
        
        (2) 
         That a decision by default may be rendered
 if the respondent fails to file an answer as
 required;
    
    
        
        (3) 
         That the respondent may request a
 conference with the Director of the Office of
 Professional Responsibility to address the merits
 of the complaint and that any such request must be
 made in the answer; and
    
    
        
        (4) 
         That the respondent may be suspended either
 immediately following the expiration of the period
 within which an answer must be filed or, if a
 conference is requested, immediately following the
 conference.
    
    
        
        (d) Answer.
         The answer to a
 complaint described in this section must be filed
 no later than 30 calendar days following the date
 the complaint is served, unless the Director of
 the Office of Professional Responsibility extends
 the time for filing. The answer must be filed in
 accordance with the rules set forth in  § 10.64 ,
 except as otherwise provided in this section. A
 respondent is entitled to a conference with the
 Director of the Office of Professional
 Responsibility only if the conference is requested
 in a timely filed answer. If a request for a
 conference is not made in the answer or the answer
 is not timely filed, the respondent will be deemed
 to have waived his or her right to a conference
 and the Director of the Office of Professional
 Responsibility may suspend such respondent at any
 time following the date on which the answer was
 due.
    
    
        
        (e) Conference.
         The Director of
 the Office of Professional Responsibility or his
 or her designee will preside at a conference
 described in this section. The conference will be
 held at a place and time selected by the Director
 of the Office of Professional Responsibility, but
 no sooner than 14 calendar days after the date by
 which the answer must be filed with the Director
 of the Office of Professional Responsibility,
 unless the respondent agrees to an earlier date.
 An authorized representative may represent the
 respondent at the conference. Following the
 conference, upon a finding that the respondent is
 described in paragraph (b) of this section, or
 upon the respondent's failure to appear at the
 conference either personally or through an
 authorized representative, the Director of the
 Office of Professional Responsibility may
 immediately suspend the respondent from practice
 before the Internal Revenue Service.
    
    
        
        (f) Duration of suspension.
         A
 suspension under this section will commence on the
 date that written notice of the suspension is
 issued. A practitioner's suspension will remain
 effective until the earlier of the following—
    
    
        
        (1) 
         The Director of the Office of Professional
 Responsibility lifts the suspension after
 determining that the practitioner is no longer
 described in paragraph (b) of this section or for
 any other reason; or
    
    
        
        (2) 
        
        (g) 
         pension is lifted by an
Administrative Law Judge or the Secretary of the
Treasury in a proceeding referred to in paragraph
(g) of this section and instituted under  §
10.60.
    
    
        
        (g) 
        
            Proceeding instituted under §
 10.60. If the Director of the Office of
 Professional Responsibility suspends a
 practitioner under this section, the practitioner
 may ask the Director of the Office of Professional
 Responsibility to issue a complaint under  § 10.60.
 The request must be made in writing within 2 years
 from the date on which the practitioner's
 suspension commences. The Director of the Office
 of Professional Responsibility must issue a
 complaint requested under this paragraph within 30
 calendar days of receiving the request.
    
    
    Code of Federal Regulations
Code of Federal Regulations
                                
                                    Code of Federal Regulations
                                
                                188