WSR 14-18-034
PROPOSED RULES
BOARD OF ACCOUNTANCY
[Filed August 27, 2014, 11:38 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-11-048.
Title of Rule and Other Identifying Information: WAC 4-30-088 What is the effect on a Washington individual licensee or CPA-Inactive certificateholder in the armed forces, reserves, or National Guard if the individual receives orders to deploy for active military duty?
Hearing Location(s): Crown Plaza Seattle Airport, Queen Anne Room, 17338 International Boulevard, Seattle, WA 98188, on October 24, 2014, at 9:00 a.m.
Date of Intended Adoption: October 24, 2014.
Submit Written Comments to: Richard C. Sweeney, Executive Director, P.O. Box 9131, Olympia, WA 98507-9131, e-mail info@cpaboard.wa.gov, fax (360) 664-9190, by October 6, 2014.
Assistance for Persons with Disabilities: Contact Kirsten Donovan by October 6, 2014, TTY (800) 833-6388, or (800) 833-6385 (TeleBraille).
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposed rule is drafted to relieve military personnel deployed on active military duty and members of the state's National Guard called to duty by this state's governor from the requirements of renewal and payment of fees during a period of active duty and for a reasonable time thereafter.
Reasons Supporting Proposal: This proposal conforms to the expedited permitting requirements of WAC 246-12-051.
Statutory Authority for Adoption: RCW 18.04.055, 14.04.105(1), 18.04.215(1).
Statute Being Implemented: RCW 18.04.055, 14.04.105(1), 18.04.215(1).
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, CPA, 711 Capitol Way South, Suite 400, Olympia, WA, (360) 586-0163.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules will not have more than minor economic impact on business.
A cost-benefit analysis is not required under RCW 34.05.328. The board of accountancy is not one of the agencies required to submit to the requirements of RCW 34.05.328 (5)(a).
August 27, 2014
Richard C. Sweeney
Executive Director
NEW SECTION
WAC 4-30-088 What is the effect on a Washington individual licensee or CPA-Inactive certificateholder in the armed forces, reserves, or National Guard if the individual receives orders to deploy for active military duty?
(1) Definitions. For purposes of this rule:
(a) "Active military duty" means:
(i) Deployed upon order of the President of the United states, the U.S. Secretary of Defense or Homeland Security in the case of a member of the armed forces or armed force reserves; or
(ii) Deployed upon order of the governor of this state in the case of the National Guard.
(b) "Armed forces" means the Army, Navy, Air Force, Marine Corps, and Coast Guard and reserves of each branch of the armed forces.
(c) "Active duty" means full-time employment in the armed forces of the United States. Such term does not include National Guard duty.
(d) "Military individual" means a living human being serving full time in the United States armed forces.
(e) "Military spouse" means the husband, wife, or registered domestic partner of a military individual.
(2) Active military duty.
(a) An individual fully employed on active duty in the armed forces of the United States applying for an initial license in this state shall receive priority processing of the application for initial licensing.
(b) A military applicant who obtains an initial license or a military individual holding a current license issued by this board, will be classified as "military" if the services provided to the armed forces include services within the definition of the practice of public accounting.
(c) An individual in the armed forces, reserves or National Guard and called to "active military duty" while holding an active license or CPA-Inactive certificate issued by this board may apply for a waiver of renewal fees and continuing professional education (CPE):
(i) The request for waiver of renewal fees and continuing professional education may be made through the board's online application and payment system or on a form provided by the board upon request;
(ii) The request for waiver must be supported by submitting documentation to substantiate the military individual's "active military duty" status;
(iii) Upon approval the waiver will serve to classify the individual as "military inactive";
(iv) The CPE reporting period and renewal year will not be affected by this reclassification of status;
(v) The waiver will continue to maintain an individual's military inactive status without fee or CPE until the individual is released from active military duty or discharged from the armed forces, reserves, or National Guard;
(vi) The board must be notified within six months after the date of release from active military duty or discharge from the armed forces. The board must be notified within six months of the date of release from a treatment facility if the individual is or has been in a treatment facility and a discharge was the result of injury or other reasons.
(3) Return to previously held status after release from "active military duty" or discharge from the armed forces.
(a) If a military individual desires to return to a previously held status after release from active military duty or discharge from the armed forces, all required information, documents, and fees must be submitted to the board before the application will be evaluated. An application for return to previously held status may be made through the board's online application and payment system or on a form provided by the board upon request and must include the following:
(i) Documentation to substantiate:
• Release from "active military duty"; or
• Type of discharge from the armed forces.
(ii) Documentation to substantiate completion of the following qualified CPE:
• If the application is submitted in the last year of the previous CPE reporting period the individual must have completed four CPE credit hours in ethics and regulation in Washington state and receive a passing grade of ninety percent on the board prepared examination available on the board's web site. The renewal fee is waived in this circumstance;
• If the application is submitted in the second year of the previous CPE reporting period the individual must have completed forty CPE credit hours including four CPE credit hours in ethics and regulation in Washington state and receive a passing grade of ninety percent on the board prepared examination available on the board's web site;
• If the application is submitted in the first year of the previous CPE reporting period the individual must have completed eighty CPE credit hours including four CPE credit hours in ethics and regulation in Washington state and receive a passing grade of ninety percent on the board prepared examination available on the board's web site.
(iii) A military individual may receive an expedited license while completing any specific requirements that are not related to CPE or other board rules.
(b) The previously held status will not become effective until the status has been posted to the board's data base and, therefore, made available to the general public.
(4) Military spouses.
(a) A military spouse or state registered domestic partner of an individual in the military may receive an expedited license while completing any specific additional requirements that are not related to training or practice standards for the profession, provided the military spouse or state registered domestic partner:
(i) Holds an unrestricted, active license in another state that has substantially equivalent licensing standards for the same profession to those in Washington; and
(ii) Is not subject to any pending investigation, charges, or disciplinary action by the regulatory body of another state or jurisdiction of the United States.
(b) To receive expedited license treatment, the military spouse or state registered domestic partner of an individual in the military must provide all required information, documents, and fees to the board either by making application through the board's online application and payment system or on a form provided by the board upon request before the application will be evaluated.
(c) The application for expedited licensing will not be processed until the applicant submits copies to the board of the military individual's orders and official documents to establish the applicant's relationship to the military individual, such as one or more following documents:
(i) The military issued identification card showing the individual's military information and the applicant's relationship to that individual;
(ii) A marriage license; or
(iii) Documentation verifying a state registered domestic partnership.
(d) A military spouse or state registered domestic partner may only use a restricted title and practice public accounting under another state's license without an expedited license issued by this board for ninety days from the date the spouse entered this state for temporary residency during the military individual's transfer to this state.