WSR 19-12-003
PROPOSED RULES
BOARD OF ACCOUNTANCY
[Filed May 22, 2019, 1:16 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 19-04-028.
Title of Rule and Other Identifying Information: WAC 4-30-010 Definitions, 4-30-132 What are the program standards for CPE?, 4-30-133 Limitations on continuing professional education (CPE), 4-30-134 What are the continuing professional education (CPE) requirements for individuals?, 4-30-136 How do I report my CPE to the board?, and 4-30-138 What documentation must I retain to support my eligibility for CPE credit?
Hearing Location(s): On July 26, 2019, at 9:00 a.m., at the Hilton Garden Inn, Spokane Airport, Granite Room, 9015 West SR Highway 2, Spokane, WA 99224.
Date of Intended Adoption: July 26, 2019.
Submit Written Comments to: Kirsten Donovan, Rules Coordinator, P.O. Box 9131, Olympia, WA 98507, email Kirsten.donovan@acb.wa.gov, fax 360-664-9190, by July 24, 2019.
Assistance for Persons with Disabilities: Contact Kirsten Donovan, Rules Coordinator, phone 360-664-9191, fax 360-664-9190, TTY 771, email Kirsten.donovan@acb.wa.gov, by July 24, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The board of accountancy proposes amending:
WAC 4-30-010 to add a definition for nano learning to the section.
WAC 4-30-132 and 4-30-134 to incorporate aspects of the Uniform Accountancy Act (UAA) CPE model rules, reorganize the CPE requirements between the various CPE rule sections for clarity, including a requirement for a minimum number of CPE hours for each year of the triennial reporting period, and rename the rule.
WAC 4-30-136 to simplify the rule language and rename the rule.
WAC 4-30-138 to simplify the rule language, remove the information and reference related to a retired board policy, and rename the rule.
The board of accountancy proposes adoption of new WAC 4-30-133 to incorporate aspects of the Uniform Accountancy Act (UAA) CPE model rules and reorganize the CPE requirements between the various CPE rule sections for clarity.
Reasons Supporting Proposal: See purposes above.
Statutory Authority for Adoption: RCW 18.04.055.
Statute Being Implemented: RCW 18.04.055.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Board of accountancy, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Charles E. Satterlund, CPA, 711 Capitol Way South, Suite 400, Olympia, WA 98501, 360-586-0785.
A school district fiscal impact statement is not required under RCW 28A.305.135.
A cost-benefit analysis is not required under RCW 34.05.328. The board of accountancy is not a listed agency in RCW 34.05.328 (5)(a)(i).
The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. The overall amount of CPE hours required remains the same; therefore the costs to comply with the changes in the CPE requirements should remain the same.
May 22, 2019
Charles E. Satterlund, CPA
Executive Director
AMENDATORY SECTION(Amending WSR 18-04-071, filed 2/2/18, effective 3/5/18)
WAC 4-30-010Definitions.
For purposes of these rules the following terms have the meanings indicated unless a different meaning is otherwise clearly provided in these rules:
"Act" means the Public Accountancy Act codified as chapter 18.04 RCW.
"Active individual participant" means an individual whose primary occupation is at the firm or affiliated entity's business. An individual whose primary source of income from the business entity is provided as a result of passive investment is not an active individual participant.
"Affiliated entity" means any entity, entities or persons that directly or indirectly through one or more relationships influences or controls, is influenced or controlled by, or is under common influence or control with other entities or persons. This definition includes, but is not limited to, parents, subsidiaries, investors or investees, coinvestors, dual employment or management in joint ventures or brother-sister entities.
"Applicant" means an individual who has applied:
(a) To take the national uniform CPA examination;
(b) For an initial individual license, an initial firm license, or initial registration as a resident nonlicensee owner;
(c) To renew an individual license, a CPA-Inactive certificate, a CPA firm license, or registration as a resident nonlicensee firm owner;
(d) To reinstate an individual license, a CPA-Inactive certificate, registration as a resident nonlicensee firm owner, or practice privileges.
"Attest" means providing the following services:
(a) Any audit or other engagement to be performed in accordance with the statements on auditing standards;
(b) Any review of a financial statement to be provided in accordance with the statements on standards for accounting and review services;
(c) Any engagement to be performed in accordance with the statements on standards for attestation engagements; and
(d) Any engagement to be performed in accordance with the public company accounting oversight board auditing standards.
"Audit," "review," and "compilation" are terms reserved for use by licensees, as defined in this section.
"Authorized person" means a person who is designated or has held out as the client's representative, such as a general partner, tax matters partner, majority shareholder, spouse, agent, or apparent agent.
"Board" means the board of accountancy created by RCW 18.04.035.
"Breach of fiduciary responsibilities/duties" means when a person who has a fiduciary responsibility or duty acts in a manner adverse or contrary to the interests of the person to whom they owe the fiduciary responsibility or duty. Such actions would include profiting from their relationship without the express informed consent of the beneficiary of the fiduciary relationship, or engaging in activities that represent a conflict of interest with the beneficiary of the fiduciary relationship.
"Certificate" means a certificate as a CPA-Inactive issued in the state of Washington prior to July 1, 2001, as authorized by the act, unless otherwise defined in rule.
"Certificate holder" means the holder of a valid CPA-Inactive certificate where the individual is not a licensee and is prohibited from practicing public accounting.
"Client" means the person or entity that retains a licensee, as defined in this section, a CPA-Inactive certificate holder, a nonlicensee firm owner of a licensed firm, or an entity affiliated with a licensed firm to perform professional services through other than an employer/employee relationship.
"Commissions and referral fees" are compensation arrangements where the primary contractual relationship for the product or service is not between the client and licensee, as defined in this section, CPA-Inactive certificate holder, nonlicensee firm owner of a licensed firm, or a person affiliated with a licensed firm; and
(a) Such persons are not primarily responsible to the client for the performance or reliability of the product or service; or
(b) Such persons add no significant value to the product or service; or
(c) A third party instead of the client pays the persons for the products or services.
"Compilation" means providing a service to be performed in accordance with statements on standards for accounting and review services that is presenting in the form of financial statements, information that is the representation of management (owners) without undertaking to express any assurance on the statements.
"Contingent fees" are fees 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.
"CPA" or "certified public accountant" means an individual holding a license to practice public accounting under chapter 18.04 RCW or recognized by the board in the state of Washington, including an individual exercising practice privileges pursuant to RCW 18.04.350(2).
"CPA-Inactive" means an individual holding a CPA-Inactive certificate recognized in the state of Washington. An individual holding a CPA-Inactive certificate is prohibited from practicing public accounting and may only use the CPA-Inactive title if they are not offering accounting, tax, tax consulting, management advisory, or similar services to the public.
"CPE" means continuing professional education.
"Fiduciary responsibility/duty" means a relationship wherein one person agrees to act solely in another person's interests. Persons having such a relationship are fiduciaries and the persons to whom they owe the responsibility are principals. A person acting in a fiduciary capacity is held to a high standard of honesty and disclosure in regard to a principal. Examples of fiduciary relationships include those between broker and client, trustee and beneficiary, executors or administrators and the heirs of a decedent's estate, and an officer or director and the owners of the entity.
"Firm" means a sole proprietorship, a corporation, or a partnership. "Firm" also means a limited liability company or partnership formed under chapters 25.15 and 18.100 RCW and a professional service corporation formed under chapters 23B.02 and 18.100 RCW.
"Firm mobility" means an out-of-state firm that is not licensed by the board and meets the requirements of RCW 18.04.195 (1)(a)(iii)(A) through (D) exercising practice privileges in this state.
"Generally accepted accounting principles" (GAAP) is an accounting term that encompasses the conventions, rules, and procedures necessary to define accepted accounting practice at a particular time. It includes not only broad guidelines of general application, but also detailed practices and procedures. Those conventions, rules, and procedures provide a standard by which to measure financial presentations.
"Generally accepted auditing standards" (GAAS) are guidelines and procedures, promulgated by the AICPA, for conducting individual audits of historical financial statements.
"Holding out" means any representation to the public by the use of restricted titles as set forth in RCW 18.04.345 by a person that the person holds a license or practice privileges under the act and that the person offers to perform any professional services to the public. "Holding out" shall not affect or limit a person not required to hold a license under the act from engaging in practices identified in RCW 18.04.350.
"Inactive" means the individual held a valid certificate on June 30, 2001, has not met the current requirements of licensure and has been granted CPA-Inactive certificate holder status through the renewal process established by the board. A CPA-Inactive may not practice public accounting nor may the individual use the CPA-Inactive title if they are offering accounting, tax, tax consulting, management advisory, or similar services to the public.
"Individual" means a living, human being.
"Independence" means an absence of relationships that impair a licensee's impartiality and objectivity in rendering professional services for which a report expressing assurance is prescribed by professional standards.
"Interactive self-study program" means a CPE program that provides feedback throughout the course.
"IRS" means Internal Revenue Service.
"License" means a license to practice public accounting issued to an individual or a firm under the act or the act of another state.
"Licensee" means an individual or firm holding a valid license to practice public accounting issued under the act, including out-of-state individuals exercising practice privileges in this state under RCW 18.04.350(2) and out-of-state firms permitted to offer or render certain professional services in this state under the conditions prescribed in RCW 18.04.195 (1)(a) and (b).
"Manager" means a manager of a limited liability company licensed as a firm under the act.
"Nano learning" is a stand-alone continuing professional education (CPE) course that is a minimum of ten minutes (.2 CPE credit hours) consisting of electronic self-study with a stated learning objective and a minimum of two final assessment questions.
"NASBA" means the National Association of State Boards of Accountancy.
"Nonlicensee firm owner" means an individual, not licensed in any state to practice public accounting, who holds an ownership interest in a firm permitted to practice public accounting in this state.
"PCAOB" means Public Company Accounting Oversight Board.
"Peer review" means a study, appraisal, or review of one or more aspects of the attest or compilation work of a licensee or licensed firm in the practice of public accounting, by a person or persons who hold licenses and who are not affiliated with the person or firm being reviewed, including a peer review, or any internal review or inspection intended to comply with quality control policies and procedures, but not including the "quality assurance review" under this section.
"Person" means any individual, nongovernmental organization, or business entity regardless of legal form, including a sole proprietorship, firm, partnership, corporation, limited liability company, association, or not-for-profit organization, and including the sole proprietor, partners, members, and, as applied to corporations, the officers.
"Practice privileges" are the rights granted by chapter 18.04 RCW to a person who:
(a) Has a principal place of business outside of Washington state;
(b) Is licensed to practice public accounting in another substantially equivalent state;
(c) Meets the statutory criteria for the exercise of privileges as set forth in RCW 18.04.350(2) for individuals or RCW 18.04.195 (1)(b) for firms;
(d) Exercises the right to practice public accounting in this state individually or on behalf of a firm;
(e) Is subject to the personal and subject matter jurisdiction and disciplinary authority of the board in this state;
(f) Must comply with the act and all board rules applicable to Washington state licensees to retain the privilege; and
(g) Consents to the appointment of the issuing state board of another state as agent for the service of process in any action or proceeding by this state's board against the certificate holder or licensee.
"Principal place of business" means the office location designated by the licensee for purposes of substantial equivalency and reciprocity.
"Public practice" or the "practice of public accounting" means performing or offering to perform by a person or firm holding itself out to the public as a licensee, or as an individual exercising practice privileges, for a client or potential client, one or more kinds of services involving the use of accounting or auditing skills, including the issuance of "reports," or one or more kinds of management advisory, or consulting services, or the preparation of tax returns, or the furnishing of advice on tax matters. The "practice of public accounting" shall not include practices that are permitted under the provisions of RCW 18.04.350(10) by persons or firms not required to be licensed under the act.
"Quality assurance review or QAR" is the process, established by and conducted at the direction of the board, to study, appraise, or review one or more aspects of the audit, compilation, review, and other professional services for which a report expressing assurance is prescribed by professional standards of a licensee or licensed firm in the practice of public accounting, by a person or persons who hold licenses and who are not affiliated with the person or firm being reviewed.
"Reciprocity" means board recognition of licenses, permits, certificates or other public accounting credentials of another jurisdiction that the board will rely upon in full or partial satisfaction of licensing requirements.
"Referral fees" see definition of "commissions and referral fees" in this section.
"Report," when used with reference to any attest or compilation service, means an opinion, report, or other form of language that states or implies assurance as to the reliability of the attested information or compiled financial statements and that also includes or is accompanied by any statement or implication that the person or firm issuing it has special knowledge or competence in the practice of public accounting. Such a statement or implication of special knowledge or competence may arise from use by the issuer of the report of names or titles indicating that the person or firm is involved in the practice of public accounting, or from the language of the report itself. "Report" includes any form of language which disclaims an opinion when such form of language is conventionally understood to imply any positive assurance as to the reliability of the attested information or compiled financial statements referred to and/or special competence of the part of the person or firm issuing such language; and it includes any other form of language that is conventionally understood to imply such assurance and/or such special knowledge or competence. "Report" does not include services referenced in RCW 18.04.350 (10) or (11) provided by persons not holding a license under this chapter as provided in RCW 18.04.350(14).
"Representing oneself" means having a license, practice privilege, certificate or registration that entitles the holder to use the title "CPA," "CPA-Inactive," or be a nonlicensee firm owner.
"Rules of professional conduct" means rules adopted by the board to govern the conduct of licensees, as defined in this section, while representing themselves to others as licensees. These rules also govern the conduct of CPA-Inactive certificate holders, nonlicensee firm owners, and persons exercising practice privileges pursuant to RCW 18.04.350(2).
"SEC" means the Securities and Exchange Commission.
"Sole proprietorship" means a legal form of organization owned by one person meeting the requirements of RCW 18.04.195.
"State" includes the states and territories of the United States, including the District of Columbia, Puerto Rico, Guam, and the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands at such time as the board determines that the Commonwealth of the Northern Mariana Islands is issuing licenses under the substantially equivalent standards of RCW 18.04.350 (2)(a).
"Statements on auditing standards (SAS)" are interpretations of the generally accepted auditing standards and are issued by the Auditing Standards Board of the AICPA. Licensees are required to adhere to these standards in the performance of audits of financial statements.
"Statements on standards for accounting and review services (SSARS)" are standards, promulgated by the AICPA, to give guidance to licensees who are associated with the financial statements of nonpublic companies and issue compilation or review reports.
"Statements on standards for attestation engagements (SSAE)" are guidelines, promulgated by the AICPA, for use by licensees in attesting to assertions involving matters other than historical financial statements and for which no other standards exist.
AMENDATORY SECTION(Amending WSR 12-17-053, filed 8/10/12, effective 9/10/12)
WAC 4-30-132((What are the program standards for CPE?))Qualifying continuing professional education (CPE) activities.
(1) ((Qualifying program: A program qualifies as acceptable CPE for purposes of RCW 18.04.215(5) if it is a formal program of learning which contributes to the CPA's professional knowledge and competence. A formal program means:
• The program is at least fifty minutes in length;
• Attendance is recorded;
• Participants sign in to confirm attendance and,))CPE activities are learning opportunities that contribute directly to an individual's knowledge, ability, and/or competence to perform his or her professional responsibilities. CPE activities should:
(a) Address the individual's current and future work environment, current knowledge and skills, and desired or needed knowledge and skills to meet future opportunities and/or professional responsibilities; and
(b) Maintain knowledge of current ethical and other regulatory requirements.
(2) An activity qualifies as acceptable CPE, under RCW 18.04.215, if it follows one of the following formats:
(a) Nano learning format – As defined in WAC 4-30-010. A nano learning course shall be considered a qualifying activity once a minimum of ten minutes (.2 credit hours) but less than fifty minutes (1.0 credit hour) has been completed; or
(b) Formal learning format – Defined herein, as a formal activity of learning that is:
• A minimum of fifty minutes of continuous instruction in length with participants signing in to record attendance;
• If the program ((is greater than))exceeds four credit hours, participants must also sign out ((during the last hour of the program)); and
• Attendees are provided a certificate of completion.
(((2)))(3) Formal learning formats can include:
(a) Professional, technical, or education sessions of national, state, and local organizations and their chapters;
(b) Programs of other organizations (accounting, industrial, professional, etc.);
(c) Formal employer education programs;
(d) Dinner, luncheon, and breakfast meetings which are structured as formal education programs;
(e) Undergraduate and graduate courses((: A graduate or undergraduate course qualifies for CPE credit if it meets the standards in subsections (1) and (5) of this section)). For both undergraduate and graduate courses one quarter credit equals ((10))ten CPE credit hours and one semester credit equals ((15))fifteen CPE credit hours((.
(3) Committee meetings: Generally, CPE credit is not allowed for attending committee meetings. A meeting qualifies for CPE credit only if it meets the standards in subsections (1) and (5) of this section.
(4) CPE credit hours for volunteer));
(f) Interactive and noninteractive self-study programs;
(g) Instructor/developer of a college or university course;
(h) Instructor/developer of a CPE course;
(i) Authorship of published articles, books, and other publications relevant to maintaining or improving professional competence;
(j) Group study;
(k) Service on the Washington state board ((and its committees and))of accountancy, the board's committees, or volunteer service on one of the board approved peer review committees((: You may receive up to sixty-four hours of technical CPE credit each calendar year for actual time spent on board, board committee, or board approved peer review committee activities including actual time you spend preparing for committee meetings.));
(l) CPE credit may not be claimed for CPA examination review courses; and
(m) You may not claim CPE credit for preparing for or taking a credential examination unless you complete a formal review course and receive a certificate of completion meeting the requirements of WAC 4-30-138.
(4) Formats other than those listed may be approved by the executive director provided you can demonstrate they contribute to your professional competence.
(5) Subject areas:((Programs dealing with))Activities relating to the following ((general)) subjects((areas)) are acceptable ((so long as they meet))for all formats provided they follow the standards ((in subsection (1))) of this section:
(a) Technical subjects include:
(i) Auditing standards or procedures;
(ii) Compilation and review of financial statements;
(iii) Financial statement preparation and disclosures;
(iv) Attestation standards and procedures;
(v) Projection and forecast standards or procedures;
(vi) Accounting and auditing;
(vii) Management advisory services;
(viii) Personal financial planning;
(ix) Taxation;
(x) Management information services;
(xi) Budgeting and cost analysis;
(xii) Asset management;
(xiii) Professional ethics (((other than those programs used to satisfy the requirements of WAC 4-30-134(3))));
(xiv) Specialized areas of industry;
(xv) Human resource management;
(xvi) Economics;
(xvii) Business law;
(xviii) Mathematics, statistics, and quantitative applications in business;
(xix) Business management and organization;
(xx) General computer skills, computer software training, information technology planning and management; and
(xxi) Negotiation or dispute resolution courses;
(b) Nontechnical subjects include:
(i) Communication skills;
(ii) Interpersonal management skills;
(iii) Leadership and personal development skills;
(iv) Client and public relations;
(v) Practice development;
(vi) Motivational and behavioral courses; and
(vii) Speed reading and memory building.
(6) Subjects other than those listed above may be acceptable provided you can demonstrate they contribute to your professional competence. ((You are solely responsible for demonstrating that a particular program contributes to your professional competency.
(6) Group programs: You may claim CPE credit for group programs such as the following so long as the program meets the standards in subsections (1) and (5) of this section:
(a) Professional education and development programs of national, state, and local accounting organizations;
(b) Technical sessions at meetings of national, state, and local accounting organizations and their chapters;
(c) Formal in-firm education programs;
(d) Programs of other organizations (accounting, industrial, professional, etc.);
(e) Dinner, luncheon, and breakfast meetings which are structured as formal educational programs;
(f) Firm meetings for staff and/or management groups structured as formal education programs. Portions of such meetings devoted to communication and application of general professional policy or procedure may qualify, but portions devoted to firm administrative, financial and operating matters generally will not qualify.
(7) CPE credit: CPE credit is allowable only for those programs taken in time periods after the first CPA license is issued pursuant to the authority of the board under chapter 18.04 RCW. Credit is not allowed for programs taken to prepare an applicant for the ethics examination as a requirement for initial licensure. CPE credit is given in half-hour increments only after the first full CPE credit hour has been earned. A minimum of fifty minutes constitutes one CPE credit hour and, after the first fifty-minute segment has been earned, twenty-five minutes constitutes one-half CPE credit hour. For example:
• Twenty-five minutes of continuous instruction counts as zero CPE credit hour if that instruction is the first CPE course taken;
• Fifty minutes of continuous instruction counts as one CPE credit hour; and
• Seventy-five minutes of continuous instruction counts as one and one-half CPE credit hours.
Attendees obtain CPE credit only for time spent in instruction; no credit is allowed for preparation time unless the attendee is the discussion leader for the particular CPE segment or program.
(8) Self-study programs: Credit for self-study programs is allowed for reporting purposes on the date you completed the program as established by the evidence of completion provided by the program sponsor.
(a) Interactive self-study programs: Interactive means electronic or other delivery formats for delivery of CPE in which feedback is provided during the study of the material in a manner to validate the individual's understanding of the material. The amount of credit allowed for interactive self-study is that which is recommended by the program sponsor on the basis of the average completion time under appropriate "field tests." In order to claim CPE credit for interactive self-study programs, you must obtain evidence of satisfactory completion of the course from the program sponsor. Self-study CPE courses registered with the National Association of State Boards of Accountancy (NASBA) as a Quality Assurance Service (QAS) sponsor may be accepted as interactive.
(b) Noninteractive self-study programs: The amount of credit allowed for noninteractive self-study is one-half the average completion time as determined by the program sponsor on the basis of appropriate "field tests." To claim CPE credit for noninteractive self-study programs, you must obtain evidence of satisfactory completion of the course from the program sponsor.
(9) Instructor, discussion leader, or speaker: If you serve as an instructor, discussion leader or speaker at a program which meets the standards in subsections (1) and (5) of this section, the first time you present the program you may claim CPE credit for both preparation and presentation time. One hour of credit is allowed for each fifty minutes of instruction. Additionally, you may claim credit for actual preparation time up to two times the presentation hours. No credit is allowed for subsequent presentations. A maximum of seventy-two CPE credit hours are allowed for preparation and presentation during each CPE reporting period.
(10) Published articles, books: You may claim CPE credit for published articles and books, provided they contribute to your professional competence. Credit for preparation of such publications may be claimed on a self-declaration basis for up to thirty hours in a CPE reporting period. In exceptional circumstances, you may request additional credit by submitting the article(s) or book(s) to the board with an explanation of the circumstances that justify a greater credit. The amount of credit awarded for a given publication will be determined by the board.
(11) Carry-forward: CPE credit hours you complete during one CPE reporting period cannot be carried forward to the next period.
(12) Carry-back: As specified in WAC 4-30-134(8), CPE credit hours you complete during one CPE reporting period can be carried back to the previous reporting period only after the board has approved your extension request or has required the carry-back as part of sanctions for failure to complete required CPE.
(13) Credential examination: CPE credit may not be claimed for CPA examination review courses. You may not claim CPE credit for preparing for or taking a credential examination unless you complete a formal review course and receive a certificate of completion meeting the requirements of WAC 4-30-138. CPE credit may not be claimed for CPA examination review courses.))
(7) Washington state board approved ethics. Courses must meet the following requirements:
(a) The content of the course, which shall be approved by the board, 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;
(b) 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;
(c) The ethics and regulations course material 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;
(d) 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; and
(e) 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.
Limits on total hours that can be earned during any single renewal cycle for specified formats are detailed in WAC 4-30-133.
NEW SECTION
WAC 4-30-133Reporting periods, carry-forward/back, and limitations on continuing professional education (CPE) credit.
(1) 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.
(2) CPE credit is given in half-hour increments only after the first full CPE credit hour has been earned except for nano learning.
A minimum of fifty minutes of continuous instruction constitutes one CPE credit hour and after the first fifty-minute segment has been earned, twenty-five minutes constitutes one-half CPE credit hour.
(3) Carry-forward: CPE credit hours you complete during one CPE reporting period cannot be carried forward to the next period.
(4) Carry-back: As specified in WAC 4-30-134, CPE credit hours you complete during one CPE reporting period cannot be carried back to the previous reporting period unless the board has approved a request for extension or has required the carry-back as part of the sanctions for failure to complete required CPE.
(5) Preparation time for CPE attendance: Attendees obtain CPE credit only for time spent in instruction; no credit is allowed for preparation time unless the attendee is the discussion leader for the particular CPE segment or program.
(6) Limitations on CPE credit: In any given three-year renewal cycle, licensees are limited to the following upper limits of CPE credit for the following formats:
(a) Nano learning, as defined in WAC 4-30-010, is limited to no more than twelve CPE credit hours out of the one hundred twenty CPE credit total as specified in WAC 4-30-134.
(b) No more than sixty hours of CPE can be awarded to any licensee during the three-year reporting period for:
(i) Service on the Washington state board of accountancy or the board's committees or volunteer service on one of the board approved peer review committees.
(ii) First time instructor/developer of a college or university course.
(iii) First time instructor/developer of a CPE course.
(iv) Authorship of published articles, books, and other publications relevant to maintaining or improving professional competence.
(c) Service on the Washington state board of accountancy (board) including participation on an approved peer review committee, first time instructor/developer, or authorship of published materials will not count towards the minimum twenty credit hours of CPE required per WAC 4-30-134 during each of the three years of the CPE reporting period.
(7) Further requirements and clarifications:
(a) Self-study programs: Credit for self-study programs is allowed for reporting purposes on the date you completed the program as established by the course completion certificate provided by the program sponsor.
(i) Interactive self-study programs: Interactive means electronic or other delivery formats of CPE in which feedback is provided during the study of the material in a manner to validate the individual's understanding of the material. The amount of credit allowed for interactive self-study is that which is recommended and documented by the program sponsor on the basis of the average completion time under appropriate "field tests."
(ii) Noninteractive self-study programs: The amount of credit allowed for noninteractive self-study is one-half the average completion time as determined and documented by the program sponsor on the basis of appropriate "field tests."
(b) Instructor, discussion leader, or speaker: If you serve as an instructor, discussion leader, or speaker at a program which meets the standards of WAC 4-30-132, the first time you present the program you may claim CPE credit hours for both preparation and presentation time. One hour of credit is allowed for each fifty minutes of instruction. Additionally, you may claim credit for actual preparation time up to two times the presentation hours. No credit is allowed for subsequent presentations of a course constituted of substantially the same material.
(c) Undergraduate and graduate courses: For both undergraduate and graduate courses one semester credit equals fifteen CPE credit hours and one quarter credit equals ten CPE credit hours.
AMENDATORY SECTION(Amending WSR 14-04-086, filed 2/3/14, effective 3/6/14)
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 four CPE credit hours in ethics meeting the requirements of subsection (6) of this section. The total 120 CPE hour requirement is limited to))Renewal.
(a) CPE requirements for renewal are pursuant to RCW 18.04.215(5).
(b) An individual seeking renewal shall assert in a manner acceptable to the board that they met all of the CPE requirements for renewal during their CPE reporting period ending December 31st of the year prior to their license expiration date.
(c) CPA licensee.
(i) Completion of a minimum of one hundred twenty CPE credit hours within the three-year CPE reporting period;
(ii) Completion of a four credit hour Washington state board approved ethics course meeting the requirements of WAC 4-30-132;
(iii) Completion of a minimum of twenty CPE credit hours during each calendar year included in the three-year CPE reporting period. Restrictions on the type of CPE credit hours qualifying to meet the twenty credit hour minimum are specified in WAC 4-30-133; and
(iv) Completion of no more than ((24))sixty CPE credit hours in nontechnical subject areas((.
(b) A))as specified in WAC 4-30-132.
Exception: If the licensee qualifies for CPE reciprocity, see the CPE requirements under the provisions of subsection (7) of this section.
(d)CPA-Inactive certificate holder or((a resident nonlicensee firm owner must complete 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))nonlicensee firm owner. Completion of a four credit hour Washington state board approved ethics course meeting the requirements of WAC 4-30-132.
(2) First renewal cycle.
(a) After license issuance:
(i) CPE credit is allowable only for those programs taken in time periods after the first CPA license is issued pursuant to the authority of the board under chapter 18.04 RCW.
(ii) Credit is not allowed for programs taken to prepare an applicant for the CPA examination or the AICPA ethics examination as a requirement for initial licensure.
(b) After conversion of a CPA-Inactive ((certificate to a Washington state license:
(a)))to a CPA license.
(i) If your license was issued during the first calendar year of your CPE reporting period, you must have completed ((80))eighty CPE credit hours which is limited to ((16))sixteen CPE credit hours in nontechnical subject areas and must include a four ((CPE)) credit hour((s in ethics))Washington state board approved ethics course 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)))WAC 4-30-132.
(ii) If your license was issued during the second calendar year of your CPE reporting period, you must have completed ((40))forty CPE credit hours which is limited to ((8))eight CPE credit hours in nontechnical subject areas and must include a four ((CPE)) credit hour((s in))Washington state board approved ethics course meeting the requirements of ((subsection (6) of this section))WAC 4-30-132.
(((c)))(iii) If your license was issued during the third calendar year of your CPE reporting period, you must have completed a four ((CPE)) credit hour((s in))Washington state board approved ethics course meeting the requirements of ((subsection (6) of this section.
(4)))WAC 4-30-132.
(3) Extension requests for renewal.
(a) If an individual has failed to complete the required CPE as defined in WAC 4-30-134 by December 31st of the last year of their three-year CPE reporting period, the individual must notify the board prior to their expiration date to request an extension of time to complete their CPE requirement by their expiration date.
(b) Credits earned during the interim period between January 1st and June 30th of the individual's renewal year that are used to meet the prior reporting period's CPE requirement will be carried back to the CPE reporting period ended December 31st. These credits cannot be counted towards the requirement for the individual's current CPE reporting period.
(c) An individual is allowed only one CPE extension in any two consecutive CPE reporting periods (six year period).
(4) Failure to obtain required CPE for renewal. Under the following circumstances the board will serve notice that a license, CPA-Inactive certificate, or nonlicensee firm owner registration will lapse and the individual will have an opportunity to request a brief adjudicative proceeding:
(a) An individual who applied for renewal and failed to obtain the required CPE credit hours by December 31st of the last year of their CPE reporting period and failed to request an extension by their expiration date;
(b) An individual who applied for renewal and failed to obtain the required CPE credit hours by December 31st for the second time in any two consecutive CPE reporting periods; or
(c) An individual who applied for renewal and failed to obtain the necessary CPE credit hours by June 30th of their renewal year after submitting an extension request.
(5) Applications other than renewal.
(a) For the following ((circumstances))applications, 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 completion of a four ((CPE hours in))credit hour Washington state board approved ethics ((meeting the requirements of subsection (6) of this section))course must be ((completed)) within the six-month period immediately preceding the date your application and the CPE documentation ((is))are submitted to the board:
(((a)))(i) You are applying to ((reactivate))renew a license out of retirement; ((or
(b)))
(ii) 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)))(iii) You are applying for reinstatement of a lapsed, suspended, or revoked license.
(((5)))(b) For the following ((circumstances))applications, you must have completed ((the))a four ((CPE))credit hour((s in))Washington state board approved ethics ((meeting the requirements of subsection (6) of this section))course within the six-month period immediately preceding the date your application and the CPE documentation ((is))are submitted to the board:
(((a)))(i) You are applying to ((reactivate))renew a CPA-Inactive certificate out of retirement; ((or
(b)))
(ii) You are applying to reinstate a lapsed, suspended, or revoked CPA-Inactive certificate((,)); or
(iii) You are applying to reinstate a lapsed, suspended, or revoked 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 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.))Individuals operating under mobility. Licensees from other substantially equivalent U.S. states or jurisdictions, eligible to exercise practice privileges under RCW 18.04.195, are exempt from the CPE requirements of this section provided that they have met the CPE requirements of the state in which they are licensed.
(7) CPE reciprocity.
(a) A nonresident licensee seeking renewal of a license in this state shall be determined to have met the CPE requirements of this rule by meeting the CPE requirements for renewal of a license in the state in which the licensee's principal place of business is located.
(b) Nonresident applicants for renewal shall demonstrate compliance with the CPE renewal requirements of the state in which the licensee's principal place of business is located by signing a statement on the renewal application of this state.
(c) If the state of residence has no CPE requirements for renewal, the nonresident licensee must comply with all CPE requirements for this state.
AMENDATORY SECTION(Amending WSR 10-24-009, filed 11/18/10, effective 12/19/10)
WAC 4-30-136((How do I report my))Reporting continuing professional education (CPE) to the board((?)).
In order to apply for renewal of your license, certificate, or registration as a resident nonlicensee firm owner, you must satisfy the board's CPE and supporting documentation requirements.
The reporting of compliance with CPE requirements is concurrent with filing your renewal application. When you complete your application for renewal, you are required to certify that you complied with the board's CPE requirements as defined in WAC 4-30-134 and supporting documentation requirements as defined in WAC 4-30-138.
The board may verify through audit((s, on a test basis,)) compliance with CPE and supporting documentation requirements as certified during the renewal application process. As part of this audit the board may require additional information to demonstrate your compliance with the board's rules.
AMENDATORY SECTION(Amending WSR 10-24-009, filed 11/18/10, effective 12/19/10)
WAC 4-30-138((What))Continuing professional education (CPE) documentation ((must I retain to support my eligibility for CPE credits?))requirements.
(1) For each program for which you claim CPE credit you must retain documentation to support all of the following required information:
(a) Program sponsor;
(b) Title of program or description of content;
(c) Date(s) attended;
(d) Number of CPE credit hour(s);
(e) Attendee name; and
(f) Acceptable evidence of completion.
(2) Acceptable evidence supporting the requirements of subsection (1) of this section includes:
(a) For group programs, a certificate((, or other acceptable verification as defined by board policy))of course completion, that is supplied by the program sponsor;
(b) For self-study programs, a certificate of course completion supplied by the program sponsor after satisfactory completion of a workbook or examination;
(c) For a university or college course, a ((record of the grade you received))transcript indicating the completion of the course;
(d) For instruction credit, evidence obtained from the program sponsor of your having been the instructor or discussion leader at the program; or
(e) For published articles or books, evidence of publication.
(3) You are responsible for documenting your entitlement to the CPE credit you claim on your renewal form.
(4) You must retain the supporting documentation for CPE credit claimed for three years after the end of the CPE reporting period in which the credit was claimed.