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title-30•Alabama Administrative Code, Title 30 — Alabama State Board of Public Accountancy
title-30Alabama Admin. Code Title 30Regulation1 janv. 1900
For the purposes of these regulations the following definitions shall apply:
(a) Board. The term Board means the Alabama State Board of Public Accountancy, a public authority created by Section 2 of the Public Accountancy Act of 1973.
(b) State. The term state includes any state, territory, or insular possession of the United States or the District of Columbia. The term State means the State of Alabama.
(c) Certified Public Accountant. A Certified Public Accountant or CPA is a person holding a Certified Public Accountant certificate issued under the laws of the State of Alabama or the accountancy act of another state.
(d) Public Accountant. A Public Accountant is a person holding a permit to practice under the Public Accountancy Act of 1973.
(e) Opinions on Financial Statements. Opinions on financial statements are any reports based on examinations in accordance with generally accepted auditing standards as to whether the presentation of information used for guidance in financial transactions or for accounting for or assessing the status or performance of commercial and noncommercial enterprises, whether public, private, or governmental, is in conformity with generally accepted principles or other comprehensive basis of accounting.
(f) Practice of Public Accounting. The practice of Public Accounting or the practice of Public Accountancy is:
Performing services as one skilled in the knowledge and practice of Public Accounting; or
Providing Attest services as defined by the following services:
(i) Any audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS).
(ii) Any review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS).
(iii) Any engagement to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE).
(iv) Any engagement to be performed in accordance with the auditing standards of the Public Company Accounting Oversight Board (PCAOB).
(v) The statements on standards specified in this definition shall be adopted by reference by the board pursuant to rule making and shall be those developed for general application by recognized national accountancy organizations such as the AICPA and PCAOB.; or
Providing a service of any compilation engagement performed in accordance with Statements on Standards for Accounting and Review Services (SSARS); or
Providing a service of any preparation of financial statements engagement performed in accordance with Statements on Standards for Accounting and Review Services (SSARS).
(g) Report. A report is a brief description based on the accountant's professional judgement conveying the nature and extent of services performed and the degree of responsibility assumed for the client's representations contained in the related financial statements.
(h) Good Moral Character. Prima facie evidence of a lack of good moral character includes, but is not limited to: any deferred prosecution agreement involving an admission of wrongdoing, or any criminal conviction, including conviction following a guilty plea or plea nolo contendre, for any felony or any crime, an essential element of which is fraud, dishonesty, deceit, or any other crime which evidences an unfitness of the applicant to practice public accountancy in a competent manner consistent with public protection.
(i) Masculine terms shall also include feminine.
(j) Singular terms shall also include the plural.
History
A meeting of the Board for the election of officers for the ensuing year shall be held annually. Other regular meetings shall be held in January, May, and September, and special meetings shall be held on call of the Chair or on request of three or more members of the Board. A majority of the Board shall be a quorum and may exercise the powers and perform the duties devolving on the Board.
History
The Chair shall preside at all meetings and shall perform such other duties as the Board may direct. In the absence of the Chair, the Vice Chair shall perform the duties of the Chair.
Author: Alabama Board of Public Accountancy
History
The Secretary shall keep a complete and comprehensive record of the meetings of the Board.
Author: Alabama Board of Public Accountancy
History
The Board is an independent agency of the State of Alabama. All costs of operating the Board, including administrative, secretarial, clerical, and investigative, are paid from legislative appropriation of fees collected by the Board. The Attorney General and his assistants provide legal services to the Board.
Author: Alabama Board of Public Accountancy
History
All proceedings of the Board shall be governed by Roberts Rules of Order, except during disciplinary hearings and except where otherwise provided in these rules.
Author: Alabama Board of Public Accountancy
History
The Chair of the Board shall, in accordance with these rules, rule upon questions of procedure and, in the event that evidence is taken, on the admissibility of that evidence. The decision of the Chair shall be final.
Author: Alabama Board of Public Accountancy
History
All Board members, including the Chair, are entitled to vote and are entitled to make or second motions. A majority of those members of the Board present and voting on any matter shall decide that matter before the Board, except on procedural and evidentiary matters which are provided for in Rule 30-X-2-.06 and except as to decisions in disciplinary proceedings, where majority vote of the Board as a whole is required for disciplinary action. The Chair shall vote as a member of the Board and his/her vote shall count no more than the vote of any other member, except that in the event of a tie vote the Chair shall vote again to break the tie.
Author: Alabama Board of Public Accountancy
History
All applications and requests for which the Board has prescribed a form must be made on the prescribed form. Forms used by the Board may be acquired from the Executive Director.
Author: Alabama Board of Public Accountancy
History
The Board shall select an Executive Director who shall be responsible for the administration of Board policy. The Executive Director is designated as agent for the Board for service of legal process upon the Board except as otherwise provided by law. All correspondence to the Board, including requests for information and all submissions and other requests, should be made to the Executive Director at the Board's headquarters as follows:
Location:
Executive Director
Alabama State Board of Public Accountancy
RSA Plaza, Suite 226
770 Washington Avenue
Montgomery, Alabama 36104
Mailing Address:
Executive Director
Alabama State Board of Public Accountancy
P. O. Box 300375
Montgomery, Alabama 36130-0375
History
(1) "Public record" for the purpose of these rules means all Board records which are reasonably necessary to record the business and activities required to be done or carried on by the Board so that the status and condition of such business and activities can be known by the public. Records which do not constitute "public records" include, but are not limited to, those received by public officer in confidence, sensitive personnel and licensee records, complaints against licensees, and records the disclosure of which would be detrimental to the best interest of the public.
(2) Any person wishing to obtain copies of specific public records may request same by completing the Public Records Request Form located on the Board website for public records (www.asbpa.alabama.gov/publicrecords). Upon payment of the cost of retrieving and supplying, the requested records will be supplied by electronic means or by paper. The cost of retrieving and supplying the requested records shall be estimated and set from time to time by resolution of the Board and posted on the Board website.
History
The Board may employ investigators, inspectors, attorneys, consultants and any other agents and employees and assistants as may from time to time be necessary, and may use any other means necessary to bring about and maintain a rigid administration and enforcement of the Code and these rules.
Author: Alabama Board of Public Accountancy
History
The Board shall maintain an annual directory listing all persons licensed by the Board. The directory shall contain the names of the members of the Board and all other information deemed proper by the Board Copies of the directory, in an electronic format approved by the Board, shall be made available to licensees and the public on the Board's website.
History
(1) The Board may issue declaratory rulings to any person substantially affected by a rule with respect to the validity of the rule, with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by the Board, with respect to the meaning and scope of any order of the Board. Such rulings shall be issued providing the following criteria are met:
(a) The petitioner shows that he/she is substantially affected by the rule in question,
(b) Sufficient facts are supplied in the request to permit the Board to make a valid determination,
(c) The request arises from an actual question or controversy.
(2) A petition for a declaratory ruling shall be submitted in the following form: (See form at end of chapter).
(3) Such rulings will be made in accordance with the Alabama Administrative Procedure Act, Code of Ala. 1975, § 41-22-11.
Author: Alabama Board of Public Accountancy
History
Registration of permit holders and officers shall be as provided in Sections 5, 7, 8, and 9 of the Act.
Author: Alabama Board of Public Accountancy
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(1) Each person who holds a certificate as a Certified Public Accountant of this State, or who is registered as a Public Accountant under the Act, or who is registered as a non-licensee owner under the Act shall register on the first day of October in each year on a form furnished by the Board, giving his present place of residence, his present employer, and such other information as the Board may require, and signing under penalty of perjury that all representations made on the form are true and accurate and that the licensee has not been convicted of any felony during the time from his or her prior registration through the date signed.
(2) Each licensee and non-licensee owner shall notify the Board in writing within thirty (30) days of any change of address and, in the case of individual licensees and non-licensee owners, change of employment.
History
Each Certified Public Accountant and Public Accountant who is engaged in the practice of public accounting in the State of Alabama must hold an annual permit issued by the Alabama State Board of Public Accountancy.
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(1) A person who is licensed as a certified public accountant in another state whose principal place of business is not in this state shall have all the privileges of a certified public accountant in this state without the need to obtain a certificate, license, or permit or to notify or register with the Board and may offer or render professional services in this state in person or by mail, telephone, or electronic means, without any notice, fee, or other submission. No firm or office not located in this state, even if engaged in business in this state, shall be required to register as a firm with this Board.
(2) A person exercising the practice privilege granted in subsection (1) and any firm that employs the person, as a grant of the practice privilege, are deemed to consent to all of the following:
(a) The personal and subject matter jurisdiction and disciplinary authority of the Board and the courts of Alabama.
(b) Compliance with Alabama's accountancy laws and any Rules promulgated by the Board.
(c) That the person shall cease offering or rendering professional services under the practice privilege personally and on behalf of a firm, if the license of the person from the state by which the person was licensed as a certified public accountant when any professional services were offered or rendered, or began to be offered or rendered, pursuant to the practice privilege provided in this section, is no longer valid.
(d) To the appointment of any out-of-state board by which the person was licensed as a certified public accountant when any professional services were offered or rendered, or began to be offered or rendered, pursuant to the practice privilege provided in this section, to be his or her agent for the purpose of process in any action or proceeding by the Board in this state against the person.
History
(1) Each firm and office for which registration is required pursuant to the Act shall register with the Board within 30 days after it is opened, and annually thereafter, on a form prescribed by the Board. Each firm shall submit reports to the Board with the registration form as provided in Rule 30-X-8-.03. Each firm must pay an annual firm permit fee as provided for in these rules however, no fee is required for the registration of the offices.
(2) Each office shall be under the direct supervision of a resident manager who must be registered with this Board and the holder of a valid annual permit. In the case of an individual or firm practicing as a CPA or CPAs, the resident manager must also be the holder of a CPA certificate issued by this State. Such resident manager may serve in such capacity in only one office in this State, which office shall be his principal place of employment and which he manages on a continuous, full-time basis. Notice shall be given to the Board, within 30 days, of any change in the position of resident manager.
(3) A firm registered pursuant to the Act shall file with the Board a written notification of any of the following events concerning the practice of public accountancy within this State within thirty (30 days after its occurrence:
(a) Change of firm address;
(b) Formation of a new firm;
(c) Addition of a partner, member, manager or shareholder;
(d) Retirement, withdrawal or death of a partner, member, manager or shareholder;
(e) Any change in the name of the firm;
(f) Termination of the firm;
(g) Change in the resident manager of any branch office in this State;
(h) Establishment of a new branch office or the closing or change of address of a branch office in this State; and
(i) The occurrence of any event or events which would cause such firm not to be in conformity with the provisions of the Act or these Rules.
(4) In the event of any change in legal form of a firm, such new or successor firm shall within thirty (30) days of the change file an application for an initial firm permit in accordance with these rules and pay the permit fee required by these Rules.
(5) Each advertisement or written promotional statement that refers to a CPA's designation and his association with an unlicensed entity, if the use of the title tends to indicate that the firm is composed of certified public accountants, must include the disclaimer "This is not a CPA firm." The disclaimer must be in conspicuous proximity to the name of the unlicensed entity and be printed in type not less bold than that contained in the body of the advertisement or written statement. If the advertisement is in audio format only, the disclaimer shall be clearly declared at the conclusion of each such presentation.
(a) The requirements of subsection (5) of this section do not apply with regards to a person performing services:
As a licensed attorney at law of this state while in the practice of law or as an employee of a licensed attorney when acting within the scope of the attorney's practice of law; or
As an employee, officer or director of a federally insured depository institution, when lawfully acting within the scope of the legally permitted activities of the institution's trust department; or
pursuant to a practice privilege.
History
In keeping with the provisions of Section 5(1) of the Act, a firm of Certified Public Accountants and its branch offices may continue to use the designation "Certified Public Accountants" and the abbreviation "C.P.A." during the temporary period pending the receipt of an Alabama CPA certificate by a partner or resident manager newly transferred into Alabama. Such partner or resident manager must obtain an Alabama certificate within 24 months from the date of such transfer.
Author: Alabama Board of Public Accountancy
History
(1) An annual permit must be obtained by each Certified Public Accountant, registered Public Accountant, and each firm (i.e., sole proprietorship, partnership, professional association, professional corporation, limited liability company, limited liability partnership, or any other form of business entity recognized by Alabama law) doing business. Effective October 1, 2017, the amount of the annual permit fee shall be $100.00 and $130.00, individual and firm respectively, and shall be paid at the time the licensee reports continuing professional education hours, but no later than December 31 following expiration of the permit of each year.
(2) Effective October 1, 2010, the amount of the annual registration fee for Certified Public Accountants and registered Public Accountants who are ineligible for an annual permit or who have elected inactive status shall be $50.00 and shall be paid no later than December 31 following expiration of the registration of each year.
(3) Effective October 1, 2017, the amount of the annual registration fee for non-licensee owners registered under the Act shall be $100.00 and shall be paid no later than December 31 following expiration of the registration of each year.
(4) Any permit holder or registrant who fails to submit an annual registration by December 31, as provided in subsections (1), (2), and (3) of this section will be subject to a late penalty of $100 if the registration is submitted between the dates of January 1 and the last day of February, or a late penalty of $500 if the registration is submitted between March 1 and March 31, following the December due date. The late penalty provided for in this subsection shall be in addition to all other fees and penalties. The Board may, upon petition and for good cause or hardship shown, waive all or a portion of the late penalty.
History
(1) The Board shall allow a holder of a foreign license to sit for the uniform CPA Exam upon showing that
(a) The foreign license
was duly issued by a foreign agency or institute that regulates the practice of public accountancy, and has not expired or been revoked or suspended;
entitled the holder to issue reports upon financial statements;
was issued upon the basis of educational, examination, and experience requirements established by the foreign agency or institute or by law and the foreign credential is valid and in good standing at the time of application for a domestic credential; and
(b) The applicant
legally resides in the United States;
had, within the six years prior to residing in the United States, been continuously employed for no less than three years in the practice of public accountancy or its equivalent, or in an accounting-related job in a firm or audit agency that was itself required to hold a foreign license or was subject to discipline by a professional organization.
(2) The Board shall grant a CPA certificate and permit to practice to a holder of a foreign license if the applicant
(a) has passed the uniform CPA exam;
(b) has obtained one or more years of public accounting experience as defined in Rule 30-X-5-.06.
History
(1) Eligible candidates shall be notified of the time and place of the Uniform Certified Public Accountant Examination (examination) - or shall independently contact the Board or a test center operator identified by the Board to schedule the time and place for the examination at an approved test site. Scheduling reexaminations must be made in accordance with Rule 30-X-4-.04 below.
(2) The examination required by Section 34-1-4 of the Code of Ala. 1975, shall test the knowledge and skills required for performance as a newly licensed Certified Public Accountant. The examination shall include the subject areas of accounting and auditing, and any other related subjects the Board deems necessary, including, but not limited to, business law and taxation and related knowledge and skills as the Board may require.
(3) Candidates are required to complete their answers to the examination questions within the prescribed hours.
(4) In examining candidates for the CPA certificate, the Board will use the Uniform Certified Public Accountant Examination prepared by the American Institute of Certified Public Accountants, and will also make use of the Advisory Grading Service provided by the American Institute of CPAs.
History
To be eligible to take the Uniform CPA Examination (examination) - or reexamination the applicant must possess the following qualifications:
(a) The applicant must be a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government who is 19 years of age or older, and who is of good moral character.
(b) Persons who have sat for the examination prior to January 1, 2016, shall be required to meet the requirements of the Rules that were in effect at the time in which the candidate first sat for the examination.
(c) Persons who first sit for the examination on or after January 1, 2016, must have completed a total of 120 semester hours or 180 quarter hours of postsecondary education, including a baccalaureate degree at a college or university accredited by a regional accreditation board such as the Southern Association of Colleges and Universities, with a concentration in accounting or the substantial equivalent as determined by the Board. The Board may determine that a candidate has a concentration in accounting or its substantial equivalent upon receiving evidence that the candidate shall have completed
at least 24 semester hours or equivalent quarter hours in accounting (excluding introductory courses) at the upper division undergraduate and/or graduate level; and
at least 24 semester or equivalent quarter hours in business courses (other than accounting courses) at the undergraduate or graduate level from among the following subject areas: economics; legal and social environment of business; business law; marketing; finance; organization, group, and individual behavior; quantitative applications in business; communication skills, and business ethics.
(d) Professional licenses based on military education, training, or service. A member of the Armed Forces or reserves in the United States, the National Guard of any state, the military reserves of any state, or the naval militia of any state (hereinafter referred to collectively as military member) may petition any regionally accredited college or university in accordance with Board rules to accept the education, training, or service completed by the military member to count toward educational credits necessary to receive any degree required for licensure by statute or rule When an applicant has successfully presented satisfactory evidence of said education, training or service, the board will accept and recognize any degree earned by an applicant from a regionally accredited college or university.
History
(1) Applications for Examination and Reexamination
(a) Applications to take the Uniform CPA Examination (examination) must be made on a form provided by the Board and filed with the Board.
(b) An application will not be considered filed until the application fee and examination fee required by these rules and all required supporting documents have been received, including proof of identity as determined by the Board and specified on the application form, official transcripts and proof that the candidate has satisfied the education requirement.
(c) A candidate who fails to appear for the examination shall forfeit all application and examination fees charged.
(d) The Board or its designee will forward notification of eligibility for the computer-based examination to the National Association of State Boards of Accountancy's National Candidate Database
(2) Reciprocal Certificates.
(a) The Board shall issue a certificate to a holder of a certificate, license, or permit issued by another state upon a showing that--
The applicant is a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government who is at least 19 years old; and who is of good moral character.
The applicant completed the examination successfully. Successful completion of the examination means the applicant passed the examination in accordance with the rules of the other state at the time it granted the applicant's initial CPA certificate; and
The applicant--
(i) meets all current requirements in this State for issuance of a certificate at the time application is made; or
(ii) at the time of the issuance of the applicant's certificate in the other state, met all such requirements then applicable in this State; or
(iii) had, within the ten years immediately preceding the application, four years of experience outside of this State as a certified public accountant, after passing the examination upon which the applicant's certificate was based; or
(iv) For purposes of reciprocity, an applicant having a valid unrevoked license to practice as a Certified Public Accountant from any state and who is in compliance with the current Uniform Accountancy Act's CPA registration requirements shall be presumed to have qualifications substantially equivalent to this State's qualifications.
(3) Reciprocal Certificates For Select Individuals.
(a) The Board shall issue a certificate to a holder of a certificate, license, or permit issued by another state for select individuals as defined in 30-X-4-.03(2) within 30 days of application upon a showing that-
The applicant is a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government who is at least 19 years old; and who is of good moral character.
The applicant is considered a select individual of a spouse of any of the following:
(i) An active duty, reserve, or transitioning member of the United States Armed Forces, including the National Guard, or a surviving spouse of a service member who, at the time of his or her death, was serving on active duty, who is relocated to and stationed in the State of Alabama under official military orders. For the purposes of this paragraph, a transitioning member is on active duty status or on separation leave who is within 24 months of retirement.
(ii) An individual currently employed by the United States Department of Justice or any of its encompassed offices, agencies, institutes, and bureaus, including, but not limited to, the Federal Bureau of Investigation (FBI), the U.S. Attorney's Office, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (AFT), the Drug Enforcement Administration (DEA), and the United States Marshall Services (USMS), who is relocated to Alabama by order of their employer.
(iii) An individual currently employed at the National Aeronautics and Space Administration who is relocated to Alabama by order of their employer.
(iv) An individual currently employed in Alabama as a civil servant for the United States Department of Defense.
The applicant has not committed or participated in an act that would constitute grounds for refusal, suspension, or revocation of a professional license or certificate.
Has not been disciplined by an authorized entity or under investigation, in any jurisdiction, in relation to a professional license or certificate.
The applicant completed the examination successfully. Successful completion of the examination means the applicant passed the examination in accordance with the rules of the other state at the time it granted the applicant's initial CPA certificate; and
The applicant has a valid unrevoked license to practice as a Certified Public Accountant from any state and who is in compliance with the current Uniform Accountancy Act's CPA registration requirements shall be presumed to have qualifications similar to this State's qualifications.
If the Board cannot issue a certificate within 30 days of receiving the completed application from select individuals as defined in 30-X-4-.03(2), the Board will issue a temporary license that will be effective for 360 days while the Board deliberates the application to obtain a license in this state.
(4) Canadian Reciprocity. A chartered professional accountant in Canada may be issued a certificate to practice public accountancy in this State provided
(a) the applicant is a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government; who is at least 19 years old; and who is of good moral character; and
(b) the applicant passes the International Uniform Certified Public Accountant Qualification Examination (IQEX); and
(c) if the applicant obtained licensure as a chartered professional accountant as a legacy candidate, the applicant must have previously been licensed as a chartered accountant by a Canadian province or territory
(5) The Board shall issue a certificate to a holder of another foreign designation, provided that
(a) the International Qualifications Appraisal Board determines that the standards under which the applicant was licensed to engage in the practice of public accountancy or under which the applicant secured comparable authority are substantially equivalent;
(b) the applicant passes the IQEX; and
(c) the applicant is a citizen of the United States, or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government; who is at least 19 years old; and who is of good moral character.
History
(1) The passing grade for each subject is 75.
(2) A candidate may take the required test sections individually and in any order. Credit for any test section(s) passed shall be valid for that test section for thirty months from the date the passing score for such test section is released by the National Association of State Boards of Accountancy (NASBA) to the candidate or the Board, as the case may be, regardless of the number of test sections taken or having to attain a minimum score on any failed section(s).
(3)
(a) Candidates must pass all required test sections of the Uniform CPA Examination (examination) within a rolling thirty-month period. The rolling thirty-month period begins on the date the first passing score(s) are released by NASBA to the candidate or the Board, as the case may be. The rolling thirty-month period concludes on the date the candidate sits for the final test section passed, regardless of when the score is released by NASBA for the final test section.
(b) Candidates are eligible to retake a test section as soon as testing results for the prior attempt for that section are released. A Candidate shall not take a different discipline Test Section until the Candidate has been notified of the score for the most recent attempt of a failed discipline Test Section.
(c) A candidate who earns initial credit on one or more test section(s) of the CPA examination must sit for and complete the remaining required test section(s) of the examination on or before the expiration date as shown on the Uniform CPA Examination Score Notice.
(d) If all required test sections are not passed within this initial thirty-month period, credit for the first test section(s) passed shall expire and a new rolling thirty-month period shall begin on the date the second passing score(s) were released by NASBA to the candidate or the Board, as the case may be, and continue for thirty-months from that date. If all required test section(s) are not passed within the next thirty-month period, credit for the second test section(s) passed shall expire and a new rolling thirty-month period will begin on the date the next test section passing score, if any, was released by NASBA to the candidate or the Board, as the case may be, and this cycle of thirty-month rolling periods and test section credit expirations will continue until all required test sections are passed within one thirty-month rolling period.
Notwithstanding the foregoing, if a candidate stops testing for a thirty-month period, then all credit for previously passed test sections will expire.
(4) A candidate shall retain credit for any and all test sections of an examination passed in another state if such credit would have been given, under then applicable requirements, if the candidate had taken the examination in this State.
(5) The Board may in particular cases extend the term of conditional credit validity notwithstanding the requirements of paragraphs (2), and (3), upon showing that the credit was lost by reason of circumstances beyond the candidate's control.
(6) A candidate shall be deemed to have passed the examination if the candidate obtains credit for passing all required test sections in one rolling thirty-month period.
History
(1) A person who has passed parts of the Uniform CPA Examination (examination) under any state may be given credit by this Board for successfully passing those parts in accordance with Rule 30-X-4-.04 and take the remaining parts of the examination as a conditioned candidate in Alabama, provided:
(a) The passing grades of the examination parts were determined by the Advisory Grading Service of the Board of Examiners of the American Institute of Certified Public Accountants, or an equivalent professional grading service acceptable to the Board;
(b) The candidate meets the educational, citizenship, and good moral character requirements of the Alabama regulations; and
(c) At the time of applying to transfer the credit earned in another state the applicant is still eligible to be reexamined in that state except for reason of change of residence.
(2) No transfer of credits in subjects passed in another state shall be approved unless the Board finds and determines that the examination in the other state was equivalent to the examination given in Alabama. The applicant's grade or grades on subjects passed in the other U.S. jurisdiction shall be determined and approved by the Board before transfer is approved. A candidate who applies for a transfer of any credits from another state shall file an application acceptable to the Board and pay the required fee.
History
(1) An Alabama Certified Public Accountant certificate, entitling the recipient to be known as a Certified Public Accountant and to use the title or the abbreviation "C.P.A." in connection with his name, may be issued to an applicant who has met all of the education requirements that are detailed in Sections 30-X-4-.06(2) or 30-X-4-.06(3), depending on when a candidate first sat for the Uniform CPA Examination (examination).
(2) Persons who have sat for the examination prior to January 1, 2016, shall be required to meet the requirements of the Rules that were in effect at the time in which the candidate first sat for the examination.
(3) For candidates who first sit for the examination on or after January 1, 2016, once the candidate passes all test sections of the examination, the candidate will have 60 months from the time all test sections are passed to obtain a total of 150 semester hours or 225 quarter hours of postsecondary education that must include
(a) a total of 33 semester hours or equivalent quarter hours in accounting (excluding introductory courses) at the upper division undergraduate and/or graduate level, and
(b) a total of 27 semester hours or equivalent quarter hours in business courses (other than accounting courses) at the undergraduate or graduate level from among the following subject areas: economics; legal and social environment of business; business law; marketing; finance; organization, group, and individual behavior; quantitative applications in business; communication skills, and business ethics.
(4) In the event that a candidate passes all test sections of the examination but does not obtain the education requirements specified in this section within 60 months from the time all test sections are passed, the candidate will be required to complete 120 hours of continuing professional education (CPE), in addition to the 150 semester hours or 225 quarter hours of postsecondary education as required in 30-X-4-.06(3), before their certificate as a Certified Public Accountant will be granted. The proof for completing 120 hours of continuing professional education will be provided by the candidate in the form of CPE certificates and will include twenty-four (24) of the hours submitted must be obtained in accounting and auditing courses, six (6) of the hours must be in ethics and all the hours must be obtained during the year preceding the issuance of their certification.
(5) A reciprocal certificate based on a certificate issued by another state may be issued without examination to an applicant who meets the qualifications in Rule 30-X-4-.03(2).
History
Effective January 1, 2017, the non-refundable initial application fee for the Uniform CPA Examination (examination) shall be $120.00. All subsequent applications to take the examination in whole or in part shall be submitted with a non-refundable application fee of $75.00. The Board may approve a waiver or reduction of the CPA Examination application fees. The Board shall approve the fees for each section of the examination and will post these fees on the Board's website Click to view image (www.asbpa.alabama.gov). Examination fees must only be submitted for sections a candidate intends to schedule and sit for in the next six months because the authorization to test is only valid for six months after being approved. The non-refundable application fee for a Reciprocal Certified Public Accountant Certificate and Transfer of Credits shall be $120.00 each. The Board may approve a waiver or reduction of the application fees for the Reciprocal Certified Public Accountant Certification and Transfer of Credit. The application fee for a Reciprocal Certified Public Accountant Certificate shall be waived for select individuals as identified in Section 30-X-4-.03(3)(a)(2)
History
(1) Cheating by a candidate in applying for, taking or subsequent to the Uniform CPA Examination (examination) will be deemed to invalidate any grade otherwise earned by a candidate on any test section of the examination and may warrant summary expulsion from the test site and disqualification from taking the examination for a specified period of time.
(2) For purposes of this Rule, the following actions or attempted activities, among others, may be considered cheating:
(a) Falsifying or misrepresenting educational credentials or other information required for admission to the examination;
(b) Communicating by any means with other candidates inside or outside the test site or copying another candidate's answers while the examination is in process;
(c) Communicating by any means with others inside or outside the test site while the examination is in progress;
(d) Substituting of another person to sit in the test site in the stead of a candidate;
(e) Referencing crib notes, textbooks, or other material or electronic media, other than that provided to the candidate as part of the examination, inside or outside the test site while the examination is in progress;
(f) Violating the nondisclosure prohibitions of the examination or aiding or abetting another in doing so, or otherwise participating in the collection of test items for use, redistribution or sale;
(g) Retaking or attempting to retake a test section by an individual holding a valid certificate or by a candidate who has unexpired credit for having already passed the same test section, unless the individual has been directed to retake a test section pursuant to Board order or unless the individual has been expressly authorized by the Board to participate in a "secret shopper" program;
(h) Failing to comply with the testing administrator's instructions.
(3) In any case where it appears that cheating has occurred or is occurring, the Board or its representatives may either summarily expel the candidate involved from the examination or move the candidate to a position in the test center away from other examinees where the candidate can be watched more closely.
(4) In any case where the Board believes that it has evidence that a candidate has cheated on the examination, including those cases where the candidate has been expelled from the examination, the Board shall conduct an investigation and may conduct a hearing consistent with the requirements of the state's Administrative Procedures Act following the examination session for the purpose of determining whether or not there was cheating, and if so what remedy should be applied. In such proceedings, the Board shall decide:
(a) Whether the candidate shall be given credit for any portion of the examination completed in that session; and
(b) Whether the candidate shall be barred from taking the examination and if so, for what period of time.
(5) In any case where the Board or its representative permits a candidate to continue taking the examination, it may, depending upon the circumstances:
(a) Admonish the candidate;
(b) Seat the candidate in a segregated location for the rest of the examination;
(c) Keep a record of the candidate's seat location and identifying information and the names and identifying information of the candidates in close proximity of the candidate; and/or
(d) Notify the National Candidate Database and AICPA and/or the test center of the circumstances, so that the candidate may be more closely monitored in future examination sessions.
(6) In any case in which a candidate is refused credit for any test section of an examination taken, disqualified from taking any test section, or barred from taking the examination in the future, the Board may provide to the board of accountancy of any other state to which the candidate may apply for the examination information as to the Board's findings and actions taken.
History
Notwithstanding any other provisions under these rules, the Board may postpone scheduled Uniform CPA Examinations (examination), the release of grades, or the issuance of certificates due to a breach of examination security; unauthorized acquisition or disclosure of the contents of an examination; suspected or actual negligence, errors, omissions, or irregularities in conducting an examination; or for any other reasonable cause or unforeseen circumstance.
History
(1) The continuing professional education requirement applies to all registered Public Accountants and Certified Public Accountants holding annual permits issued by the Board and all non-licensee owners registered with the Board.
(2) The Board may make exceptions from the continuing professional education rules where:
(a) Reasons of health, certified by a medical doctor, prevent compliance by the permit holder; or
(b) CPAS and PAs who are not in the practice of public accountancy and elect Retired or Inactive status. The continuing professional education requirement does not apply to any individual over the age of 55 who is retired from the practice of public accountancy and who informs the Board in writing that he wishes to be placed on retired status with the Board. Also, a licensee may inform the Board in writing that he wishes to be placed on inactive status with the Board. Retirement and inactive status is defined as not performing any of the duties of public accountancy and which for the purposes of this chapter includes, but is not limited to, services involving the use of accounting or auditing skills, including issuance of reports on financial statements, the preparation of tax returns or the furnishing of advice on tax matters. Although nothing in this section shall preclude a retired or inactive CPA or PA from providing the following volunteer, uncompensated services: tax preparation services, participating in a government-sponsored business mentoring program, serving on the board of directors for a non-profit or governmental organization, or serving on a government-appointed advisory body. In addition, retired and inactive CPAs and PAs should place the word "retired" or "inactive," respective of their status, adjacent to their CPA title or PA title on any business card, letterhead or any other document or device, with the exception of their CPA certificate or PA registration, on which their CPA or PA title appears. Requesting to be placed on retired or inactive status shall be deemed to be reasonable cause for the failure of a certificate holder to report continuing professional education. Additionally, electing retired status no longer requires the CPA or PA to renew his annual permit to practice under Code of Ala. 1975, § 34-1-11, so as not to constitute grounds for revocation or suspension of the individual's certificate under Code of Ala. 1975, § 34-1-12.
(c) Other good cause exists.
History
(1) Each person to whom the continuing professional education requirement applies must complete forty (40) hours of acceptable continuing professional education each fiscal year ending September 30.
(a) At least eight of the forty hours reported must be obtained in the subject of accounting and auditing. Computer software and applications courses dealing with the general use of software will not qualify for accounting and auditing CPE; although, software courses that focus on the application of the software in accounting or audit will qualify as accounting and auditing CPE.
(b) At least 2 hours must be earned in a qualifying ethics course.
(c) The Board will accept a maximum of twelve hours of the forty in personal development courses. CPE classified as personal development center on workplace behaviors, including but not limited to time management, leadership, team building, goal setting, and other soft skills related to working in an office or professional setting.
(2) A person who elects active licensure within 5 years of passing the Certified Public Accountant examination must complete at least forty (40) acceptable professional continuing education hours within the period ending one year after the September 30 following the date of initial election of active licensure.
(3) If a CPA or PA who has been licensed previously (active status) and who has since elected any status other than active wishes to return to active status, he shall make application to the Board for an annual permit to practice with proof that he has obtained forty (40) hours of continuing professional education (CPE) for each year that he was not on active status, not to exceed a total of 120 hours of CPE. Twenty percent of the hours submitted to the Board must be obtained in accounting and auditing courses, and all of the hours must be obtained during the three-year period preceding the date of request for an annual permit to practice. Upon satisfaction of the Board that the applicant has completed the above requirement, the Board shall issue him a permit to practice and transfer him to active status.
(4) If a licensee has never elected active status, has elected inactive status for more than five years, and wishes to enter the practice of public accountancy, he shall make application to the Board for an annual permit to practice with proof that he has obtained forty (40) hours of continuing professional education (CPE) for each year that he was on inactive status, not to exceed a total of 120 hours of CPE. Twenty percent of the hours submitted to the Board must be obtained in accounting and auditing courses, and all of the hours must be obtained during the three-year period preceding the date of request for an annual permit to practice. Upon satisfaction of the Board that the applicant has completed the above requirement, the Board shall issue him a permit to practice and transfer him to active status.
History
The following standards will be used to measure the hours of credit to be given for acceptable continuing professional education (CPE).
| Qualifying CPE | Minimum initial credit that must be earned | After first credit has been earned, credit Program that must be earned may be earned in these increments |
|---|---|---|
| Group | One (50 minutes) | One-fifth or one-half |
| Blended learning | One (50 minutes) | One-fifth or one-half |
| Self-study | One-half (25 minutes) | One-fifth or one-half |
| Nano-learning | One-fifth (10 minutes) | Not applicable (single nano-learning program is one-fifth credit) |
(a) Credit will be given based on program length, with one fifty (50)-minute period equal to one CPE hour. One-fifth CPE hour increments (equal to 10 minutes) and one-half CPE hour increments (equal to 25 minutes) are permitted after the first CPE hour has been earned in a given learning activity for all delivery methods, except nano-1earning, which is always only one-fifth credit in length. The minimum allowable credit for self-study CPE is one-half hour (25 minutes). For group and blended learning activities in which individual segments are less than 50 minutes, the sum of the segments should be considered one total program. For example, five 30-minute presentations would equal 150 minutes and should be counted as three CPE hours. When the total minutes of a sponsored learning activity are greater than 50, but not equally divisible by 10, the CPE hours granted should be rounded down to the nearest one-fifth hour.
(b) In order to qualify, a group and blended learning program must be at least one hour (fifty minute period) in length, a self-study program must be at least one-half hour (twenty-five minutes) in length, and a nano-1earning program must be at least one-fifth hour (ten minutes) in length. Eight hours credit will be granted for a one-day or split-day session or program, provided the course or program, exclusive of the time taken by introductions, announcements or other activity which may be a part of the program, is in actual session at least six clock hours (360 minutes).
(c) Only class hours, actual hours of attendance, or equivalent (and not student hours devoted to preparation) will be counted.
(d) The credit to be granted for service as a lecturer, instructor/developer or discussion leader of an acceptable program will be equal to twice the number of actual hours of the lecture or session. However, no additional credit will be allowed for repetition of a program. The instructor/ developer of any approved CPE program who wishes to claim CPE credit as instructor/developer must be either instructing individuals who are required by Section 30-X-5-.01 to complete CPE or instructing an acceptable course for university/college credit, as allowed for in Section 30-X-5-.04(2)(e).
History
(1) The overriding consideration in determining whether a specific program qualifies as acceptable continuing professional education CPE is that it be a formal program of learning which contributes directly to the professional competence of a person who is required by Section 30-X-5-.01 to meet the Board's CPE requirements. It is left up to each individual to determine the course of study to be pursued, provided that the course of study meets all applicable CPE requirements. For example, the individual in public practice may study accounting and auditing, tax, or other topics concerning their practice; individuals in government may study government related topics; and individuals in business or industry may study topics related directly to their specific business or industry.
(2) Continuing professional education programs requiring class or meeting attendance must be conducted by persons approved by the Board whose background, training, education and experience qualify them as appropriate instructors, discussion leaders or lecturers on the subject matter of the particular programs.
(3) Subject to the condition that the subject matter meets the definition in Rule 30-X-5-.04(l), the following group study programs will qualify:
(a) Professional development programs of recognized national and state accounting organizations.
(b) Educational portions of technical sessions at meetings of recognized national and state accounting organizations and their chapters. Portions of each meeting devoted to administrative and other organizational matters cannot be included.
(c) Participation and work on a technical committee of an international, national or state professional association, council or member organization or a governmental entity that supports professional services or industries that require unique and specific knowledge in technical fields of study. Portions of each meeting devoted to administrative and other organizational matters cannot be included.
(d) University or college credit courses. Each semester hour credit shall equal fifteen hours toward the requirement. Each quarter hour credit shall equal ten hours.
(e) University or college noncredit courses. Each classroom hour will equal one qualifying hour.
(f) Formal organized in-firm and inter-firm education programs. Portions of each meeting devoted to administrative and firm matters cannot be included.
(g) Programs in other recognized organizations (accounting, industrial, professional, etc.) with attendees who are required by Section 30-X-5-.01 to complete CPE.
(h) Group internet-based education programs (live webinars) that provide for real-time interaction with the instructor.
(4) Subject to condition that the subject matter meets the definition in Rule 30-X-5-.04(l), the following programs also qualify for credit:
(a) Formal self-study programs (including internet based non-interactive programs and on-demand webinars). Permit holders claiming credit for such courses will be required to obtain evidence of satisfactory completion of the course from the sponsor. Credit will be allowed in the renewal period in which the course is completed. The Board will not approve any program of learning that does not offer sufficient evidence that the work has actually been accomplished. The amount of credit to be allowed in each case shall be determined by the Board. A qualified assessment must be used to evaluate completion before credit is allowed.
(b) Credit may be allowed for published articles and books provided they contribute to the professional competence of the permit holder. The amount of credit so awarded will be determined by the Board. Credit for preparation of such publications may be given on a self-declaration basis up to fifty percent of the renewal period requirement. In exceptional circumstances a permit holder may request additional credit by submitting the article(s) or book(s) to the Board with an explanation of the circumstances which he feels justify a greater credit.
(c) Blended-Learning courses. Credit may be allowed for formal learning activities in which multiple learning formats are incorporated. CPE credit must equal the sum of the CPE credit determination for the various components of the program. A qualified assessment must be used to evaluate completion of any self-study portions of the course before credit is allowed.
(d) Nano Learning courses. Credit may be allowed for tutorial programs designed to permit a participant to learn a given subject in a 10-minute time frame through the use of electronic media and without interaction with a real-time instructor. A nano learning program focuses on a single learning objective and is not paper-based. A qualified assessment must be used to evaluate completion before credit is allowed. No more than twenty-five percent of the total required hours will be allowed for nano learning courses.
(5) Continuing professional education program sponsors must provide program participants with documentation of their participation, which includes the following:
(a) Continuing professional education program sponsor name and contact information.
(b) Participant's name.
(c) Course title.
(d) Course field of study.
(e) Date offered or completed.
(f) If applicable, location and instructor name.
(g) Type of instructional/delivery method used.
(h) Amount of continuing professional education credit hours recommended.
(i) Verification by continuing professional education sponsor representative.
(6) Continuing professional education program sponsors must retain adequate documentation for five years to support their compliance with these rules and the reports that may be required of participants.
History
(1) Annual permits to practice expire on the last day of September of each year. Applications and fees for renewal of annual permits shall be submitted to the Board no later than the last day of December of each year. Each licensee applying for renewal of an annual permit to practice public accounting must submit a signed statement to the Board, under penalty of perjury, that all applicable continuing professional education (CPE) requirements have been met and must disclose at a minimum the following information pertaining to each educational program submitted for the purpose of meeting the CPE requirements:
(a) Sponsoring organization.
(b) Delivery method.
(c) Course field of study.
(d) Title of course.
(e) Dates of attendance or completion.
(f) Number of CPE hours.
(2) Licensees shall maintain written evidence of satisfactory completion in the form of certificates of completion, attendance records, examination results, transcripts, or other such independently verifiable evidence of completion acceptable to the Board. All such evidence of completion shall be maintained for a period of five years following completion of each learning activity. The Board at its discretion may require other information it deems necessary to determine the acceptability of a program for the purposes of the continuing professional education requirements or for administration of these rules.
(3) The Board will verify on a test basis the information submitted by licensees for renewal of their annual permits. In cases where the Board determines that the CPE requirement is not met, the Board may grant an additional period of time in which the deficiencies can be resolved or the Board may bring disciplinary action. Any licensee who fails a CPE audit will be automatically audited for two additional fiscal years. If the licensee fails in a follow-up audit, disciplinary action may be brought before the Board.
(4) In all cases, the responsibility for establishing that a particular course or other program for which credit is claimed is acceptable and meets these CPE rules rests solely on the licensee.
(5) A non-resident licensee seeking renewal of an annual permit in this state shall be deemed to have met the CPE requirements of this state by meeting the CPE requirements for renewal of a certificate in the state in which the licensee's principal office is located.
(a) Non-resident licensees applying for renewal of an annual permit in this state shall demonstrate compliance with the CPE renewal requirements of the state in which the licensee's principal office is located by signing a statement to that effect on the annual registration form of this state.
(b) If a non-resident licensee's principal office state has no CPE requirements for renewal of a certificate, the nonresident licensee must comply with all the CPE requirements for renewal of an annual permit in this state.
(c) Non-licensee owners are not required to report CPE if their principal officer is not in this state.
History
(1) Permits to engage in the practice of public accounting shall be issued by the Board to a holder of a certified public accountant certificate issued under the laws of this state to a person who shall have furnished evidence satisfactory to the Board of one year of experience in public accounting, or its equivalent as defined in (2) below. For the purposes of this section public accounting shall mean full-time employment by a public accounting firm as a staff accountant and supervised by a practicing certified public accountant or registered public accountant holding a valid permit to practice in this or any other state. In addition, experience as a registered public accountant shall qualify as public accounting experience.
(2) The following shall be deemed the equivalent of one year of experience in public accounting: Two years' full-time employment in the accounting field in industry, business, government or college teaching; or any combination of the above; or any combination of the above and experience in public accounting. Such experience in industry, business, government or college teaching must be properly supervised, have sufficient quality and depth, and meet one of the following criteria for the duration of that qualifying experience:
(a) For qualifying experience in industry or business, the candidate must have been employed by a person or entity in the performance of duties primarily involving the use of financial accounting and auditing skills; the installation of internal control systems; the use of management advisory, financial advisory, or consulting skills; or compliance with accounting aspects of tax or regulatory laws.
(b) For qualifying experience in government, the candidate must have been employed by a government agency recognized by the Board as having the responsibility and organizational structure for performing auditing and accounting functions.
(c) For qualifying teaching experience, the candidate must have taught courses primarily in the accounting discipline for academic credit at a college or university accredited by the Southern Association of Colleges and Schools or its regional equivalent.
(3) The following are required for issuing a permit to practice:
(a) Compliance with the continuing education requirement.
(b) Paying the annual fee.
History
(1) All holders of CPA certificates issued by the Alabama State Board of Public Accountancy and all public accountants registered under provisions of the Public Accountancy Act who are engaged in the practice of public accounting shall observe and comply with all of the following rules of professional conduct adopted by the Board. Certificate holders and registered Public Accountants not engaged in the practice of public accounting must observe only Rules 30-X-6-.01(4), 30-X-6-.05(1) and 30-X-6-.05(2), since all other rules of conduct relate solely to the practice of public accounting. Failure to observe and comply with the applicable rules will subject any Certified Public Accountant or Registered Public Accountant to disciplinary action authorized by Section 34-1-12, Code of Ala. 1975, of the Public Accountancy Act of 1973.
(2) The rules of professional conduct which follow apply to all services performed in the practice of public accountancy including tax and management advisory services except (a) where the wording of the rule indicates otherwise and (b) that a registrant who is practicing outside the United States will not be subject to discipline for departing from any of the rules stated herein so long as his conduct is in accord with the rules of the organized accounting profession in the country in which he is practicing. However, where a registrant's name is associated with financial statements in such a manner as to imply that he is acting as an independent public accountant and under circumstances that would entitle the reader to assume that United States practices were followed, he must comply with Rules 30-X-6-.03(2) and 30-X-6-.03(3).
(3) A registrant may be held responsible for compliance with the rules of professional conduct by all persons associated with him in the practice of public accounting who are either under his supervision or are his partners or shareholders in the practice.
(4) A Certified Public Accountant or Public Accountant shall not permit others to carry out on his behalf, either with or without compensation, acts which, if carried out by the Certified Public Accountant or Public Accountant would place him in violation of the rules of professional conduct.
History
(1) Independence. A registrant or a firm of which he is a partner or shareholder shall not express an opinion on financial statements of an enterprise unless he and his firm are independent with respect to such enterprise. Independence will be considered to be impaired if, for example:
(a) During the period of his professional engagement, or at the time of expressing his opinion, he or his firm
had or was committed to acquire any direct or material indirect financial interest in the enterprise; or
was a trustee of any trust or executor or administrator of any estate if such trust or estate had or was committed to acquire any direct or material indirect financial interest in the enterprise; or
had any joint closely held business investment with the enterprise or any officer, director, or principal stockholder thereof which was material in relation to his or his firm's net worth; or
had any loan to or from the enterprise or any officer, director or principal stockholder thereof. This latter proscription does not apply to the following loans from a financial institution when made under normal lending procedures, terms and requirements:
(i) Loans obtained by him or his firm which are not material in relation to the new worth of such borrower.
(ii) Home mortgages.
(iii) Other secured loans, except loans guaranteed by his firm which are otherwise unsecured.
(b) During the period covered by the financial statements, during the period of the professional engagement, or at the time of expressing an opinion, he or his firm
was connected with the enterprise as a promoter, underwriter, or voting trustee, a director or officer or in any capacity equivalent to that of a member of management or of an employee; or
was a trustee for any pension or profit-sharing trust of the enterprise.
(c) The above examples are not intended to be all-inclusive.
(2) Integrity and Objectivity. A Certified Public Accountant or Public Accountant shall not knowingly misrepresent facts, and when engaged in the practice of public accounting, including the rendering of tax and management advisory services, shall not subordinate his judgment to others. In tax practice, he may resolve doubt in favor of his client as long as there is reasonable support for his position.
Author: Alabama Board of Public Accountancy
History
(1) General Standards. A registrant shall comply with the following general standards as interpreted by bodies designated by Council of the American Institute of Certified Public Accountants and must justify any departures therefrom.
(a) Professional Competence. He shall undertake only those engagements which he or his firm can reasonably expect to complete with professional competence.
(b) Due Professional Care. He shall exercise due professional care in the performance of an engagement.
(c) Planning and Supervision. He shall adequately plan and supervise an engagement.
(d) Sufficient Relevant Data. He shall obtain sufficient relevant data to afford a reasonable basis for conclusions or recommendations in relation to an engagement.
(e) Forecasts. He shall not permit his name to be used in conjunction with any forecast of future transactions in a manner which may lead to the belief that he vouches for the achievability of the forecast.
(2) Auditing Standards. A registrant shall not permit his name to be associated with financial statements in such a manner as to imply that he is acting as an independent public accountant unless he has complied with the applicable generally accepted auditing standards promulgated by the American Institute of Certified Public Accountants. Statements on auditing standards issued by the Institute's Auditing Standards Executive Committee are, for the purposes of this rule, considered to be interpretations of the generally accepted auditing standards, and departures from such statements must be justified by those who do not follow them.
(3) Accounting Principles. A registrant shall not express an opinion that financial statements are presented in conformity with generally accepted accounting principles if such statements contain any departure from an accounting principle promulgated by the body designated by Council of the American Institute of Certified Public Accountants to establish such principles which has a material effect of the statements taken as a whole, unless he can demonstrate that due to unusual circumstances the financial statements would otherwise have been misleading. In such cases his report must describe the departure, the approximate effects thereof, if practicable, and the reasons why compliance with the principle would result in a misleading statement.
(4) Other Technical Standards. A registrant shall comply with other technical standards promulgated by bodies designated by Council of the American Institute of Certified Public Accountants to establish such standards, and departures therefrom must be justified by those who do not follow them.
Author: Alabama Board of Public Accountancy
History
(1) Confidential Client Information. A registrant shall not disclose any confidential information obtained in the course of a professional engagement except with the consent of the client.
(a) This rule shall not be construed
to relieve registrant of his obligation under Rules 30-X-6-.03(2) and 30-X-6-.03(3),
to affect in any way his compliance with a validly issued subpoena or summons enforceable by order of a court,
to prohibit review of a practitioner's professional practices as a part of voluntary quality review, or,
to preclude him from responding to any inquiry made by the ethics division or Trial Board of the American Institute of CPAs, by a duly constituted investigative or disciplinary body of a State CPA Society or PA Association, or under State statutes.
(2) Contingent Fees. A member in public practice shall not
(a) Perform for a contingent fee any professional services for, or receive such a fee from a client for whom the member or the member's firm performs,
an audit or review of a financial statement' or
a compilation of a financial statement when the member expects, or reasonably might expect, that a third party will use the financial statement and the member's compilation report does not disclose a lack of independence; or
an examination of prospective financial information; or
(b) Prepare an original or amended tax return or claim for a tax refund for a contingent fee for any client.
(c) The prohibition in (1) above applies during the period in which the member or the member's firm is engaged to perform any of the services listed above and the period covered by any historical financial statements involved in any such listed services.
(d) Except as stated in the next sentence, a contingent fee is a fee established for the performance of any service pursuant to an arrangement in which no fee will be charged unless a specified finding or result is attained, or in which the amount of the fee is otherwise dependent upon the finding or result of such service. Solely for purposes of this rule, fees are not regarded as being contingent if fixed by courts or other public authorities, or, in tax matters, if determined based on the results of judicial proceedings or the findings of governmental agencies.
(e) A member's fees may vary depending, for example, on the complexity of services rendered.
(3) Sale or Transfer of Licensee's Practice. A licensee that sells or transfers all or part of the licensee's practice to a successor firm or individual and will no longer retain any ownership in the practice shall comply with all of the following:
(a) send a written notice regarding the sale or transfer of the practice via first class mail to the last known address of each client that may be subject to the sale or transfer. The notice shall contain, at a minimum, the following: a request for the client's consent to transfer that client's files or records to the successor firm or individual and a notice that the client's consent will be presumed if it does not notify the licensee that it objects within 90 days from the date of the written notice. The licensee may not transfer any client files or records to the successor firm or individual until either the client's consent is obtained, or the time indicated in the licensee's written notice has lapsed without any objection from the client, whichever is shorter. The licensee is required to retain a copy of the written notice and any document reflecting the client's consent or objection to the transfer. The written notice and any document reflecting the client's consent or objection to the transfer of the client's files shall be retained for not less than five years from the sale or transfer of the licensee's practice.
(b) if the client objects to the transfer of their files or records, client records as defined in 30-X-7-.07(2), to the successor firm or individual, the licensee shall return the files or records in a reasonable period of time or as agreed upon with the client; and
(c) with respect to files or records not subject to the sale or transfer, a licensee shall return the client's files or records in a reasonable period of time or as agreed upon with the client.
(d) If the licensee is unable to contact a client, that client's files or records, if not transferred or returned, shall be retained by the licensee for a period of not less than five years from the date of sale or transfer of the licensee's practice. After the five-year retention period required by this section, the licensee shall dispose of or arrange for the disposal of client records that are no longer to be retained by the licensee by shredding, erasing, or otherwise modifying the personal information in those records to make it unreadable or undecipherable through any means.
(4) Discontinuance of Licensee's Practice.
(a) In the case of a discontinuance of a licensee's practice without a sale or transfer of the practice to a successor firm or individual, a licensee shall send a written notice via first class mail regarding the discontinuance of the practice to the last known address of each client. The licensee shall also return the client's files or records, client records as defined in 30-X-7-.07(2), in a reasonable period of time, or as agreed upon with the client.
(b) If the licensee is unable to contact a client, that client's files or records shall be retained for a period of not less than five years from the date the licensee's practice discontinues. After the five-year retention period required by this Section, the licensee shall dispose of or arrange for the disposal of client records that are no longer to be retained by the licensee by shredding, erasing, or otherwise modifying the personal information in those records to make it unreadable or undecipherable through any means.
History
(1) Conduct in General. A Certified Public Accountant or Public Accountant shall conduct himself in a manner which will contribute to the honor and dignity of the State and the profession and shall not at any time commit an act or engage in any conduct discreditable to the public accounting profession.
(2) Disbarment by Treasury, Agencies, or Boards. A Certified Public Accountant or a Public Accountant shall conduct himself in a manner which will not cause him to be suspended or disbarred from practice before the Treasury Department or other federal agency, or have his CPA certificate issued by any other state or territory revoked or suspended. Such disbarment, revocation or suspension shall automatically raise the question of unprofessional conduct.
(3) Advertising and Other Forms of Solicitation. A registrant shall not seek to obtain clients by advertising or other forms of solicitation in a manner that is false, misleading, or deceptive.
(4) Commissions.
(a) Prohibited Commissions. A member in public practice shall not for a commission recommend or refer to a client any product or service, or for a commission recommend or refer any product or service to be supplied by a client, or receive a commission, when the member or the member's firm also performs for that client
an audit or review of a financial statement; or
a compilation of a financial statement when the member expects, or reasonably might expect, that a third party will use the financial statement and that member's compilation report does not disclose a lack of independence; or
an examination of prospective financial information.
This prohibition applies during the period in which the member is engaged to perform any of the services listed above the period covered by any historical financial statements involved in such listed services.
(b) Disclosure of Permitted Commissions. A member in public practice who is not prohibited by this rule from performing services for or receiving a commission and who is paid or expects to be paid a commission shall disclose that fact to any person or entity to whom the member recommends or refers a product or service to which the commission relates.
(c) Referral Fees. Any member who accepts a referral fee for recommending or referring any service of a CPA to any person or entity or who pays a referral fee to obtain a client shall disclose such acceptance or payment to the client.
(5) Incompatible Occupations. A person who is engaged in the practice of public accounting shall not concurrently engage in any business or occupation which would create a conflict of interest in rendering professional services.
(6) Form of Practice and Name. A registrant may practice public accounting, whether as an owner or employee, only in the form of a sole proprietorship, a partnership, a professional association, professional corporation, limited liability company, limited liability partnership, or any other form of business entity now or hereafter recognized by Alabama law. All firms regardless of their business form shall be duly registered with the Board. A registrant shall not practice public accounting under a firm name which is misleading or is misleading as to the type of organization (proprietorship, partnership, or corporation). However, names of one or more past partners or shareholders may be included in the firm name of a successor business entity recognized by Alabama law.
(7) Professional Corporations. Professional corporations practicing public accounting in Alabama, in addition to matters covered by other rules of the Board, shall comply with the following:
(a) All shares of stock shall be owned by Certified Public Accountants if practicing as Certified Public Accountants, or by Certified Public Accountants or Public Accountants if practicing as Public Accountants.
(b) Members of the Board of Directors need not be shareholders of the professional corporation or professional association, provided, however, that at least one member of the Board shall be duly licensed to practice public accountancy either as a Certified Public Accountant or Public Accountant in the State of Alabama, and provided further that no member of the Board who is not duly licensed to practice as a Certified Public Accountant or Public Accountant in the State of Alabama shall participate in any decisions affecting the technical aspects of public accountancy.
(c) The chief executive officer shall be a Certified Public Accountant or Public Accountant.
(d) Revocation or suspension of the CPA certificate or permit held by the chief executive office shall also affect a corresponding revocation or suspension of the right to practice public accounting by the professional corporation, unless the Board specifically grants a continuance of such right to practice.
(8) Each office established or maintained in this State by a certified public accountancy ("Practice unit") shall comply with the annual registration, reporting, and response requirements of Code of Ala. 1975, § 34-1-10, and Chapter 30-X-8.
History
(1) The Board may initiate such action as it deems appropriate to investigate and determine certificate holders', permit holders' and registered Public Accountants' compliance with the provisions of the Act or the Board's regulations.
(2) Unless the Board initiates proceedings on its own motion, it shall take action only upon receipt of a complaint made in writing, stating in detail the activities that the party complained of is alleged to have engaged in, and presenting the evidence of when, where and how a violation occurred. The complaint shall be filed with the Executive Director.
(3) Any person submitting a complaint may be required to support it by personal appearance before the Board.
History
(1) In the event a complaint is filed against a certificate holder, permit holder or a registered Public Accountant (licensee) or the Board determines from other information that an investigation is necessary, the procedure for investigation or complaint shall be as follows:
(a) An investigative committee consisting of a Board member, the Executive Director, and/or a consultant shall investigate said information or complaint to determine whether there is probable cause for disciplinary proceedings. If the complaint or information is received by the Executive Director or someone other than a Board member, the Board member on the investigative committee shall be the Board member whose office is closest to the place of business of the licensee who is being investigated or the Board member possessing a specific technical ability related to the complaint. If the complaint or information is received by a Board member, that Board member automatically will become a member of the investigative committee. The Board member who participates on the investigative committee shall not participate in any disciplinary proceedings arising from the investigation.
(b) The investigative committee may exercise subpoena power in investigating any complaint or information obtained regarding a licensee.
(c) The investigative committee may enter into informal settlements with the licensee they are investigating provided said settlement is ratified by the Board.
(d) At the end of the investigation, the investigative committee shall make a recommendation to the Board as to whether probable cause exists for the Board to issue a summons and complaint and initiate a formal disciplinary proceeding. If the investigative committee determines at this time that no probable cause exists, the proceedings will terminate at that point.
(2) In the event the investigative committee determines that probable cause exists for the filing of a summons and complaint, the Board shall instruct its counsel to prepare such.
(3) The summons and complaint shall be mailed by certified mail, return receipt requested, and regular first class mail to the most recent address of the respondent on file with the Board and shall be mailed at least 35 days prior to the scheduled date of the hearing.
(4) The summons and complaint shall give notice of substantial compliance with the Alabama Administrative Procedure Act, Section 12 (2).
(5) If the person complained of shall be a member of the Board, the member shall be notified as provided by Section 13(b); and the person complained of shall thereafter abstain from any participation in any consideration of, or acts of, the Board upon the subject of the complaint.
History
(1) No action shall be taken to effect an informal settlement of a controversy, either prior to or during a contested case proceeding, without formal approval by the Board of such action.
(2) Informal settlement negotiations may be initiated by either party to the controversy but neither party is obligated to utilize the informal procedures.
(3) If the Board approves participation in an informal settlement procedure, it shall negotiate a settlement upon terms it believes to be in the best interest of the Board and the public, and if the settlement is effectuated the terms of the settlement shall be incorporated, by reference, in the official minutes of the Board.
History
(1) Initiation and hearings shall be in accordance with the provisions of the Alabama Administrative Procedure Act.
(2) Any Board member who has a possible conflict of interest in any matters resulting in hearings before the Board shall be disqualified from participation in the hearing.
Author: Alabama Board of Public Accountancy
History
Without being limited thereto in the interpretation of Section 15, the following designations are deemed to be violations of the Act:
(a) The term "licensed," "registered," "enrolled," "bonded," "accredited," or similar terms before the authorized designation of "public accountant."
(b) The term "certified" or similar terms before the words "tax consultant" or similar words used by a tax consultant or tax return preparer.
Author: Alabama Board of Public Accountancy
History
If the Board deems it to be in the public interest, it may publicize disciplinary action taken, in such manner and for such periods as it may direct.
Author: Alabama Board of Public Accountancy
History
(1) When considering complaints filed against licensees for violations of Section 20 of the Act a distinction shall be made in those cases where Certified Public Accountants or Public Accountants are engaged to and do record and keep the regular books of account for a client. Such actual books, whether recorded in formal records or on working papers, shall not be considered to be records or working papers made incident to or in the course of professional service to clients, and, therefore, are considered to be the property of the client.
(2) A licensee shall furnish to a client or former client, upon request and reasonable notice:
(a) A copy of the licensee's working papers, to the extent that such working papers include records that would ordinarily constitute part of the client's records and are not otherwise available to the client.
(b) Any accounting or other records belong to, or obtained from or on behalf of, the client that the licensee removed from the client's premises or received for the client's account; the licensee may make and retain copies of such documents of the client when they form the basis for work done by the licensee.
Author: Alabama Board of Public Accountancy
History
When considering complaints filed against registrants for violating Section 11(k) of the Act or Rule 30-X-6-.05(1) the phrase "conduct discreditable to the public accounting profession" shall be construed in the light of the following broad recognition of responsibilities:
(a) The reliance of the public in general and the business community in particular on sound financial reporting and advice on business affairs imposes on the public accounting profession an obligation to maintain high standards of technical competence, morality and integrity. To this end all persons permitted to practice as Certified Public Accountants or Public Accountants under the laws of Alabama shall at all times maintain independence of thought and action, hold clients' affairs in strict confidence, strive continuously to improve the practitioner's skills, observe generally accepted accounting principles and generally accepted auditing standards, promote sound and informative financial reporting, uphold the dignity and honor of the public accounting profession, and maintain high standards of personal conduct.
History
(1) Conduct of Hearing.
(a) Hearing Examiner. The Board may, and in its discretion, appoint some person to act as a hearing examiner at disciplinary hearings. In the event a hearing examiner is appointed, he shall assist the Chairman of the Board in presiding at the disciplinary proceeding and shall assist the Chairman in ruling on all questions of evidence and procedure, notwithstanding any other provisions of these rules to the contrary.
(b) Plea. The respondent shall plead either guilty or not guilty to the charges set forth in the complaint.
(c) Opening statement. Each side shall be permitted to make a short opening statement.
(d) The State shall present its evidence, followed by the respondent, followed by rebuttal by the State. Each witness called may be examined in the following manner:
Direct examination
Cross-examination
Examination by Board
Redirect examination
Recross examination
Reexamination by the Board
(e) Closing argument. Each side shall be permitted to make a short closing statement summarizing the evidence presented urging the application of relevant law to the evidence presented.
(f) The Board may request one or both sides to prepare within seven days for the Board's consideration a proposed order of the Board, including findings of fact, official notice and conclusions of law. The underlying facts of record which support the findings should be cited.
(2) Order. The Board shall issue an order within 30 days of the date of the final hearing which shall include findings of fact, official notice taken, and conclusions of law, separately stated. Respondent shall be delivered a copy of the order by certified mail, return receipt requested, and a copy shall be mailed first class to each attorney of record.
(3) Evidence. Evidence shall be admitted in accordance with Alabama Administrative Procedure Act, Section 13.
(4) Emergencies. The Board may in an emergency situation when danger to the public health, safety and welfare requires, suspend a license without hearing or with an abbreviated hearing in accordance with the Alabama Administrative Procedure Act, Section 19(4).
(5) Other. The hearing shall otherwise be conducted in compliance with the provisions of the Alabama Administrative Procedure Act.
Author: Alabama Board of Public Accountancy
History
(1) Non-licensees may not use language in any statement relating to the financial affairs of a person or entity, which is conventionally used by licensees in reports on financial statements. Notwithstanding the foregoing, non-licensees may use the following disclaimer language in connection with financial statements to not be in violation of the Act:
(a) "I (We) have prepared the accompanying (financial statements) of (name of entity) as of (time period) for the (period) then ended. This presentation is limited to preparing in the form of financial statements information that is the representation of management (owners).
(b) I (We) have not audited or reviewed the accompanying financial statements and accordingly do not express an opinion or any other form of assurance on them."
Author: Alabama Board of Public Accountancy
History
A licensee shall respond in writing to any communication from the Board requesting a response, within thirty (30) days of the mailing of such communication by registered or certified mail, to the last address furnished to the Board by the licensee.
Author: Alabama Board of Public Accountancy
History
A CPA or PA firm offering or rendering professional services via a Web site shall provide in the Web site's homepage, a name, an address, and principal state of licensure as a means for regulators and the public to contact a responsible licensee in charge at the firm regarding complaints, questions, or regulatory compliance.
Author: Alabama Board of Public Accountancy
History
Any licensee who holds a certificate, registration, or permit issued by the Board shall, upon surrender, suspension or revocation, promptly return such certificate, registration, or permit to the Board.
Author: Alabama Board of Public Accountancy
History
(1) If a bad check or negotiable instrument is dishonored, the writer of the check or instrument shall be required to tender payment of the full amount of such check or instrument plus a service charge of $30.00 as provided by the Code of Ala. 1975, Section 8-8-15.
(2) If the dishonored check or instrument was tendered for the purpose of sitting for an examination, payment of the full amount of such check or instrument plus a service charge of $30.00 must be paid in full prior to the individual being allowed to take said examination. If the individual has already taken the examination prior to the board office receiving notification of the dishonored check or instrument, the individual's examination results will be held until such time as payment is made in full including the $30.00 service charge.
(3) If the dishonored check or instrument was tendered for the purposes of renewing an individual license/permit or registration or a firm license/permit, the license/permit or registration will be rendered invalid, unless the payment is made in full including the $30.00 service charge within 30 days.
(4) If the dishonored check or instrument was tendered for the purposes of applying for licensure or certification, the application will not be processed until such time as payment is made in full including the $30.00 service charge.
History
(1) Licensees shall comply with all professional standards for documentation applicable to particular engagements, including, but not limited to standards adopted by recognized standards setting bodies such as the Public Company Accounting Oversight Board (PCAOB), the Comptroller General of the United States, and the AICPA.
(2) If the applicable standards do not otherwise specify, the retention period for documentation shall be five (5) years and shall be measured from the report date.
(3) If documentation is required to be kept for longer than provided in the applicable standards or Rule 30-X-7-.15(2) because of a pending Board investigation or disciplinary action, documentation shall not be destroyed until the licensee has been notified in writing by the Board of the closure of a Board investigation or disciplinary proceeding.
History
(1) Licensee shall notify the Board, on a form and in the manner prescribed by the Board, within thirty (30) days of:
(a) Receipt of a peer review report or a Public Company Accounting Oversight Board (PCAOB) firm inspection report containing criticisms of or identifying potential defects in the quality control systems.
(b) Receipt of a second consecutive peer review report that is deficient or
(c) Imposition upon the licensee of discipline, including, but not limited to, censure, reprimand, sanction, probation, civil penalty, fine, consent decree or order, suspension, revocation, or modification of a license, certificate, permit or practice rights by:
the Securities and Exchange Commission (SEC), PCAOB, Internal Revenue Service (IRS) (actions by the Director of Practice); or
another state board of accountancy for any cause other than failure to pay a professional license fee by the due date or failure to meet the continuing professional education requirements of another state board of accountancy; or
any other federal or state agency regarding the licensee's conduct while rendering professional services; or
any foreign authority or credentialing body that regulates the practice of accountancy.
(d) Occurrence of any matter reportable that must be reported by the licensee to the PCAOB pursuant to Sarbanes-Oxley Section 102(b)(2)(f) and PCAOB Rules and forms adopted pursuant thereto;
(e) Notice of disciplinary charges filed by the SEC, PCAOB, IRS, or another state board of accountancy, or a federal or state taxing, insurance or securities regulatory authority, or foreign authority or credentialing body that regulates the practice of accountancy;
(f) Any judgement, award or settlement of a civil action or arbitration proceeding of $150,000 or more in which the licensee was a party if the matter included allegations of gross negligence, violation of specific standards of practice, fraud, or misappropriation of funds in the practice of accounting; provided, however, licensed firms shall only notify the Board regarding civil judgments, settlements or arbitration awards directly involving the firm's practice of public accounting in this state; or
(g) Criminal charges, deferred prosecution or conviction or plea of no contest to which the licensee is a defendant if the crime is:
any felony under the laws of the United States or of any state of the United States or any foreign jurisdiction; or
a misdemeanor if an essential element of the offense is dishonesty, deceit, or fraud.
(2) The resident manager shall report any matter reportable under this rule to which a non-licensee owner with a principal place of business in this state is a party.
(3) Reports of pending matters or reports of private litigation resolved by settlement or arbitration shall be deemed confidential records not subject to public disclosure (to the extent permitted by this State's law on Public Records) unless and until the pending matters are concluded or the Board commences a contested case proceeding based upon the subject matter of such reports.
(4) During the pendency of a reported matter, the reporting licensee may submit a written explanatory statement to be included in the licensee's record. If reported charges or allegations are subsequently concluded in the licensee's favor or otherwise closed without disciplinary action by this Board, upon the reporting licensee's request, documents received pursuant to said report shall be expunged from the Board's records.
History
There is hereby established a peer review program, the purpose of which is to ensure quality work, to monitor compliance with applicable accounting and auditing standards generally recognized in the profession, and to facilitate enforcement of State law and Board rules. The program emphasizes education and rehabilitation rather than disciplinary action.
Author: Alabama Board of Public Accountancy
History
As used in this chapter, the following words or phrases have the ascribed meanings:
(a) FY or Fiscal Year. The fiscal year of the State of Alabama, which coincides with this Board's license period, ending September 30 of the denominated year.
(b) Permit. A permit to practice public accountancy issued to a registered public accountant or certified public accountant, or a permit to engage in the practice of public accountancy issued to a practice unit.
(c) Practice Unit. Any firm or entity legally constituted under the laws of the State of Alabama and duly registered with a current permit; and each person certified or registered as a public accountant and holding a current permit who is not a member or employee of any registered firm.
(d) Program. The peer review program.
(e) Peer Review Report. The report prepared by the Reviewer and submitted to the Practice Unit for Fiscal Year during which the review was completed, which report shall include the Reviewer's report, the Reviewer's letter of comment to the Practice Unit, and the Practice Unit's letter of response to the Reviewer.
(f) Reviewer. Any individual who meets standards of the Board and has been designated by the Board as approved to conduct reviews of Practice Units under the Program.
Author: Alabama Board of Public Accountancy
History
(1) Participation in the Program and compliance with all rules of the Program and administrative guidelines issued pursuant to the Program are required of all Practice Units who perform accounting and auditing engagements for the public, including but not limited to audits, reviews, compilations, forecasts, or projections.
(2) It is the responsibility of each Practice Unit to secure a review of its practice by a Reviewer no less often than every third Fiscal Year.
(3) The Board must be notified each year by the Practice Unit for the subsequent three fiscal year period immediately following the fiscal year during which the review was conducted that a review has been completed.
(4) Each Practice Unit initially shall notify the Board a Peer Review Report has been completed along with its application for renewal of its Permit for either FY 1994, FY 1995 or FY 1996 in accordance with the schedule issued by the Board. Any Practice Unit, which has not obtained its initial Peer Review Report by December 31, 1996, shall not be renewed for FY 1997, and shall otherwise be subject to disciplinary action in accordance with State law and these rules.
(5) Following the initial notification, each Practice Unit shall notify the Board that a Peer Review has been completed by submission of a copy of the System Review Report of Engagement Review Report depending on the level of engagement, and the peer review report acceptance letter from the administering entity along with its application for renewal of its Permit not less than each third Fiscal Year. Any Practice Unit which has not obtained a Peer Review by December 31 following the end of the third fiscal year since its last submission shall not be renewed for the current fiscal year, and shall otherwise be subject to disciplinary action in accordance with State law and these rules.
(6) Any individual permit holder who performs compilation services for the public other than through a CPA or PA firm must notify the Board that a Peer Review has been completed by submission of a copy of the System Review Report of Engagement Review Report depending on the level of engagement, peer review report acceptance letter from the administering entity along with its application for renewal of their Permit not less than each third Fiscal Year. Any such individual permit holder described herein, which has not obtained a Peer Review by December 31 following the end of the third fiscal year since its last submission shall not be renewed for the current fiscal year, and shall otherwise be subject to disciplinary action in accordance with State law and these rules.
History
(1) A new Practice Unit as determined by the Board shall secure its initial peer review within eighteen (18) months of issuance of the initial Permit.
(2) A Practice Unit which does not perform any services for the public as set out in 30-X-8-.03 of this section is exempt from peer review and shall annually notify the Board as to this status. A Practice Unit which begins providing these services must have a review within eighteen (18) months of the date the services were first provided.
(3) The Board may upon application and for good cause shown grant a hardship extension of time for submission of a Peer Review Report.
Author: Alabama Board of Public Accountancy
History
(1) The Board recognizes and accepts Reviewers approved by, and Peer Reviews administered by the following programs of the American Institute of Certified Public Accountants, Inc.:
(a) Center for Public Company Audit Firms (Center)
(b) Peer Review Program
(2) The Board shall consider applications from other organizations or individuals and shall approve those it deems qualified to administer peer reviews.
(3) The Board hereby adopts the "Standards for Performing and Reporting on Peer Reviews" promulgated by the American Institute of Certified Public Accountants, Inc., as its minimum standards for peer review of Practice Units.
Author: Alabama Board of Public Accountancy
History
The Board may by resolution establish a Peer Review Oversight Committee to administer the program and perform other functions as directed by the Board. The Board staff and Oversight Committee, if established, may review any Peer Review Reports. The Board may take one or more of the following actions:
(a) Accept the report as submitted.
(b) The Board may require one or more representatives of the Practice Unit to appear before the Board.
(c) The Board may require the Practice Unit or members of the Practice Unit to take appropriate remedial measures including, but not limited to, additional specific education and acquisition of or obtaining access to specified library or practice materials.
(d) The Board may require an accelerated schedule of peer review.
(e) The Board may enter into a consent agreement with the Practice Unit.
(f) The Board may initiate an investigation and schedule a disciplinary hearing pursuant to § 34-1-12.
Author: Alabama Board of Public Accountancy.
History
This chapter, as amended, became effective October 1, 1993.
Author: Alabama State Board of Public Accountancy
History
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