WSR 13-21-105
EXPEDITED RULES
BOARD OF ACCOUNTANCY
[Filed October 21, 2013, 2:03 p.m.]
Title of Rule and Other Identifying Information: Chapter 4-30 WAC, changing WAC 4-30-038 to allow for multiple delivery formats and correcting grammatical and consistency errors in WAC 4-30-134.
NOTICE
THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Richard C. Sweeney, CPA, Washington State Board of Accountancy, P.O. Box 9131, Olympia, WA 98501, AND RECEIVED BY December 23, 2013.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 1. WAC 4-30-038, remove the wording "computer diskette."
2. WAC 4-30-134, changes references of "4 CPE" to "four CPE."
Reasons Supporting Proposal: 1. The board provides the list referred to in WAC 4-30-038 through multiple delivery formats.
2. Correct inconsistencies and grammatical errors before the rule goes into effect January 1, 2014.
Statutory Authority for Adoption: WAC 4-30-038 is RCW 18.04.065 and WAC 4-30-134 is RCW 18.04.215.
Statute Being Implemented: WAC 4-30-038 is RCW 18.04.065 and WAC 4-30-134 is RCW 18.04.215.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: The Washington state board of accountancy, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Richard C. Sweeney, Olympia, Washington, (360) 586-0163.
Agency comments or recommendations, if any, as to statutory language, implementation, enforcement, and fiscal matters: The language being eliminated or altered is not essential to the main topic, context or impact of the rules either before or after this amendment.
October 21, 2013
Richard C. Sweeney, CPA
Executive Director
AMENDATORY SECTION (Amending WSR 10-24-009, filed 11/18/10, effective 12/19/10)
WAC 4-30-038 Fees.
RCW 18.04.065 provides that the board shall set fees related to licensure at a level adequate to pay the costs of administering chapter 18.04 RCW. The board has established the following fee schedule:
(1)
Initial application for individual license, individual license through reciprocity, CPA firm license (sole proprietorships  with no employees are exempt from the fee), or registration as a resident nonlicensee firm owner . . . .
$330
(2)
Renewal of individual license, CPA-Inactive certificate, CPA firm license (sole proprietorships with no employees are exempt from the fee), or registration as a resident nonlicensee firm owner . . . .
$230
(3)
Application for CPA-Inactive certificate holder to convert to a license . . . .
$0
(4)
Application for reinstatement of license, CPA-Inactive certificate, or registration as a resident nonlicensee owner . . . .
$480
(5)
Quality assurance review (QAR) program fee (includes monitoring reviews for up to two years)
 
 
Firm submits reports for review . . . .
$400
 
Firm submits a peer review report for review
. . . . 
$60
 
Firm is exempted from the QAR program because the firm did not issue attest reports . . . .
$0
(6)
Late fee * . . . .
$100
(7)
Amendment to firm license except for a change of firm address (there is no fee for filing a change of address) . . . .
$35
(8)
Copies of records, per page exceeding fifty pages . . . .
$0.15
(9)
((Computer diskette)) Listing of licensees, CPA-Inactive certificate holders, or registered resident nonlicensee firm owners . . . .
$75
(10)
Replacement CPA wall document
. . . . 
$50
(11)
Dishonored check fee (including, but not limited to, insufficient funds or closed accounts) . . . .
$35
(12)
CPA examination. Exam fees are comprised of section fees plus administrative fees. The total fee is contingent upon which section(s) is/are being applied for and the number of sections being applied for at the same time. The total fee is the section fee(s) for each section(s) applied for added to the administrative fee for the number of section(s) applied for.
 
(a)
Section fees: Section fees for the computerized uniform CPA examination are set by third-party providers for the development and delivery of the exam. These fees are collected and retained by the third-party provider.
 
(b)
Administrative fees: Administrative fees for the qualification and application processes are set by a third-party provider. These fees are collected and retained by the third-party provider.
 
*
The board may waive late filing fees for individual hardship including, but not limited to, financial hardship, critical illness, or active military deployment.
AMENDATORY SECTION (Amending WSR 13-17-094, filed 8/20/13, effective 1/1/14)
WAC 4-30-134 What are the continuing professional education (CPE) requirements for individuals?
(1) Qualifying continuing professional education (CPE) must:
(a) Contribute to the professional competency in the individual's area(s) of professional practice or relative to the individual's current work place job functions;
(b) Maintain knowledge of current ethical and other regulatory requirements; and
(c) Be completed by individuals during any board specified CPE reporting period. A CPE reporting period is a calendar year time period beginning in the calendar year a credential is first issued by this board and ending on December 31st of the subsequent third calendar year; for example, if your license was issued any time during calendar year one (2013), the CPE reporting period ends on December 31st of calendar year three (2015).
(2) General CPE requirements for renewal of valid credentials:
(a) A licensee must complete a total of 120 CPE hours, including ((4)) four CPE credit hours in ethics meeting the requirements of subsection (6) of this section. The total 120 CPE hour((s)) requirement is limited to no more than 24 CPE credit hours in nontechnical subject areas.
(b) A CPA-Inactive certificate holder or a resident nonlicensee firm owner must complete ((4)) four CPE credit hours in ethics meeting the requirements of subsection (6) of this section.
(c) Individuals eligible to exercise practice privileges are exempt from the CPE requirements of this section.
(3) Exceptions to the general CPE requirements: CPE requirements for the initial CPE renewal period after conversion of a CPA-Inactive certificate to a Washington state license:
(a) If your license was issued during the first calendar year of your CPE reporting period, you must have completed 80 CPE credit hours which is limited to 16 CPE credit hours in nontechnical subject areas and must include ((4)) four CPE credit hours in ethics meeting the requirements of subsection (6) of this section prior to December 31st of the calendar year following the calendar year in which your license was initially issued.
(b) If your license was issued during the second calendar year of your CPE reporting period, you must have completed 40 CPE credit hours which is limited to 8 CPE credit hours in nontechnical subject areas and must include ((4)) four CPE credit hours in ethics meeting the requirements of subsection (6) of this section.
(c) If your license was issued during the third calendar year of your CPE reporting period, you must have completed ((4)) four CPE credit hours in ethics meeting the requirements of subsection (6) of this section.
(4) For the following circumstances, you must have completed the requirements of subsection (2)(a) of this section within the thirty-six-month period immediately preceding the date an application is submitted to the board; however, the ((4)) four CPE hours in ethics meeting the requirements of subsection (6) of this section must be completed within the six-month period immediately preceding the date your application and the CPE documentation is submitted to the board:
(a) You are applying to reactivate a license out of retirement; or
(b) You are a CPA-Inactive certificate holder applying for a license; or
(c) You want to return to your previously held status as a licensee; or
(d) You are applying for reinstatement of a lapsed, suspended, or revoked license.
(5) For the following circumstances, you must have completed the ((4)) four CPE hours in ethics meeting the requirements of subsection (6) of this section within the six-month period immediately preceding the date your application and the CPE documentation is submitted to the board:
(a) You are applying to reactivate a CPA-Inactive certificate out of retirement; or
(b) You are applying to reinstate a lapsed, suspended, or revoked CPA-Inactive certificate, or registration as a resident nonlicensee firm owner.
(6) CPE in ethics and regulation:
(a) During each CPE reporting period after initial licensing all individuals licensed in this state, including nonresident and individuals from foreign countries who received initial Washington state licenses by reciprocity, CPA-Inactive certificate holders, and individuals initially recognized as resident nonlicensee firm owners are required to complete ((4)) four qualifying CPE credit hours in approved ethics and regulations in Washington state.
(b) The content of the course must be specific to the laws and rules applicable to the regulatory framework in Washington state including the administrative requirements for an individual's initial and continued use of restricted titles in this state.
(c) All CPE authors must submit course materials for this course to the executive director of the board for approval prior to delivery of the content for credit.
(d) The ethics and regulations course materials must cover all of the following topics, and instructors of approved courses must substantially address these topics in their presentations:
(i) General level information on the AICPA Code of Conduct.
(ii) General level information on the Public Accountancy Act, the board's rules, policies, including recent or pending changes therein, and the rule-making process.
(iii) Emphasis must be placed on key differences between Washington state law (chapter 18.04 RCW), this board's rules (Title 4 WAC), and the AICPA Code of Conduct.
(iv) Detailed information on the following:
(A) WAC 4-30-026 How can I contact the board?
(B) WAC 4-30-032 Do I need to notify the board if I change my address?
(C) WAC 4-30-034 Must I respond to inquiries from the board?
(D) WAC 4-30-040 through 4-30-058 Ethics and prohibited practices, including related board policies, if any.
(E) WAC 4-30-130 Series—Continuing competency, including related board policies, if any.
(F) WAC 4-30-142 What are the bases for the board to impose discipline?
(G) Other topics or information as defined by board policy.
(e) The course must also include case study scenarios demonstrating how to comply with the relevant provisions of the AICPA Code of Conduct and the board's statutory or regulatory framework when faced with ethical situations that might occur when offering or performing a specific type of professional service in the practice of public accounting or as a professionally regulated person not in the practice of public accounting.
(f) At least sixty percent of the course material content, presentation time, and commentary must include general level information on the Public Accountancy Act, the board's rules and policies, including recent or pending changes thereto, variances of key differences between Washington state law (chapter 18.04 RCW), the board's rules (Title 4 WAC), and the AICPA Code of Conduct, and scenarios demonstrating the different compliance outcomes that might result because the board's rules prevail when the board's rules vary from the AICPA Code of Professional Conduct and/or related official AICPA interpretations.
(7) CPE extension requests:
(a) In order to renew your license, CPA-Inactive certificate, or registration as a resident nonlicensee firm owner, you must complete the required CPE by December 31st of the calendar year preceding the calendar year of your renewal unless you can demonstrate your failure to meet the CPE requirements was due to reasonable cause.
(b) The board may provide limited extensions to the CPE requirements for reasons of individual hardship including, but not limited to, financial hardship, critical illness, or active military deployment. You must request such an extension in writing by December 31st of the calendar year preceding the calendar year of your renewal. The request must include justification for the request and identify the specific CPE you plan to obtain to correct your CPE deficiency.
(c) A form useful for this purpose is available from the board's web site or will be provided to you upon request.
(8) Self-reported deficiencies:
(a) If you fail to file a timely request for extension but you self-report a CPE deficiency to the board during the renewal period January 1st through June 30th of the renewal year, you will be permitted to continue to use the restricted title during the renewal period provided you:
(i) Submit to the board, in writing, the specific CPE plan to obtain to correct the CPE deficiency on or before June 30th of the renewal year;
(ii) Timely complete the CPE sufficient to correct the deficiency;
(iii) Timely submit certificates of completion for the subject CPE taken to the board; and
(iv) Pay the fee for reinstatement of a lapsed credential on or before June 30th of the renewal year.
(b) CPE deficiencies taken by June 30th of the renewal year under this subsection will be carried back to the reporting period ending on December 31st of the preceding calendar year and be subject to CPE audit in the next renewal period to ensure that inadvertent double counting does not occur.