WSR 99-13-068

PROPOSED RULES

BOARD OF ACCOUNTANCY


[ Filed June 11, 1999, 1:31 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-24-054.

Title of Rule: WAC 4-25-791 If I hold a certificate under the reasonable cause exemption to the CPE requirements, how do I apply to return to my previous status as a licensee or a certificate holder?

Purpose: Prescribes the requirements a CPA with a certificate maintained under the reasonable cause exemption must follow in order to return to a previous status (licensed or title use certificate).

Statutory Authority for Adoption: RCW 18.04.055(11), 18.04.215 (2), (4).

Statute Being Implemented: RCW 18.04.215.

Summary: Requires CPAs applying to return to a previous status of license holder or certificate holder with title use rights to (1) use a form provided by the board, (2) satisfy continuing education requirements, (3) certify under the penalty of perjury that CPA did not hold out in public practice and/or use the title CPA during the time in which the CPA was a certificate holder under the reasonable cause exemption, and (4) file a complete application; notifies the CPA that upon approval of the application the board will mail notification to the last address provided to the board.

Reasons Supporting Proposal: Provides clear instructions to CPAs changing the status of their certificate from the reasonable cause exemption.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Dana M. McInturff, CPA, 210 East Union, Suite A, Olympia, (360) 664-9194.

Name of Proponent: Board of Accountancy, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: In a short, clear manner that eliminates confusion, this new section sets the procedures CPAs applying to return to a previous status (license holder or certificate holder with title use rights) must follow.

Proposal Changes the Following Existing Rules: The board is proposing to separate the existing rule WAC 4-25-740 into four sections for clarity and easy reference. The previous rule (WAC 4-25-740) did not specifically address the procedures CPAs applying to return to a previous status must follow. The new section implements previous board practice of requiring a complete application form, pay the applicable fees, met the continuing education requirements, and certify under the penalty of perjury that the CPA has not held out in public practice and/or used the title CPA during the time in which the CPA was a certificate-holder under the reasonable cause exemption.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The new section will have negligible economic impact on the accounting profession or business.

RCW 34.05.328 does not apply to this rule adoption. The Board of Accountancy is not one of the agencies required to submit to the requirements of RCW 34.05.328.

Hearing Location: Western Washington University, Viking Addition, Room 461, Bellingham, Washington, on July 29, 1999, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Cheryl Sexton by July 22, 1999, TDD (800) 833-6384, or (360) 664-9194.

Submit Written Comments to: Dana M. McInturff, P.O. Box 9131, Olympia, WA 98507-9131, fax (360) 664-9190, by July 27, 1999.

Date of Intended Adoption: July 30, 1999.

June 11, 1999

Dana M. McInturff, CPA

Executive Director

by Cheryl M. Sexton

OTS-3156.1


NEW SECTION
WAC 4-25-791
If I hold a certificate under the reasonable cause exemption to the CPE requirements, how do I apply to return to may previous status as a licensee or a certificateholder?

If you hold a certificate under the reasonable cause exemption, you may not hold out as a CPA in public practice or use the title CPA until your license and/or certificate is returned to its previous status.

To apply to return to your previous status as a licensee or a certificate holder, you must use the form provided by the board and satisfy CPE requirements in WAC 4-25-830. An application is not complete and cannot be processed until all fees, required information, and required documentation is received by the board.

To apply to return to your previous status you must submit to the board:

A complete application form including your certification, under the penalty of perjury, that you have:

(1) Not held out in public practice and/or used the title CPA during the time in which you were a certificateholder under the reasonable cause exemption; and

(2) Met the CPE requirements to return to your previous status in WAC 4-25-830;

All applicable fees; and

Other documents or information the board may deem necessary.

Upon approval of your application, your license or notification of certification will be mailed to the last address you provided to the board.

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Washington State Code Reviser's Office