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TITLE 10. OKLAHOMA ACCOUNTANCY BOARD Chapter Section 1. Administrative Operations 10:1-1-1 10. Rules of General Application [REVOKED] 10:10:1-1 15. Licensure and Regulation of Accountancy 10:15-1-1
CHAPTER 1. ADMINISTRATIVE OPERATIONS
Section 10:1-1-4. Responsibilities of the Board [REVOKED] 10:1-1-5. Open meetings [REVOKED] 10:1-1-6. Procedures regarding inquires to Board 10:1-1-6.1. Furnishing of copies 10:1-1-7. Compliance by registrants required [REVOKED] 10:1-1-7.1. Recording Board member attendance 10:1-1-7.2. Authorization to represent position of the Board 10:1-1-8. Promulgation, amendment or repeal of rules
[Authority: 59 O.S., Section 15.5] [Source: Codified 12-2-91]
(a) The Oklahoma Accountancy Act, found in Title 59 of the Oklahoma Statutes, beginning at Section 15.1 has been adopted by the Oklahoma Legislature for the purposes of protecting the public and to prevent the public from being mislead as to competency and ability to provide professional accounting services of an individual or firm offering such services. The Oklahoma Accountancy Board has been created for the purpose of implementing the laws and policies established by the Legislature. (b) In order to implement policies established by the Legislature regarding the practice of public accounting in Oklahoma and for the administration of the provisions of the Oklahoma Accountancy Act the rules of this Chapter have been adopted by the Board.
In addition to the terms defined in the Oklahoma Accountancy Act, the following words or terms shall be applied when implementing that Act and, when used in Title 10 shall have the following meaning, unless the context clearly indicates otherwise: "Person" means an entity or an individual.
The Board consists of seven (7) members who shall meet at least quarterly or more often as the business of the Board demands. The Board employs a full time staff to perform the administrative functions of the agency. The Board is a state agency and is therefore subject to Oklahoma laws regulating the procedures which must be followed by state agencies.
10:1-1-4. Responsibilities of the Board [REVOKED]
The Board maintains an office in Oklahoma City, Oklahoma. The Board office is open five (5) days a week, Monday through Friday, from 8:30 A.M. until 5:00 P.M. The Board office is closed on Saturday and Sunday and state legal holidays as set out in Section 82.1 of Title 25 of the Oklahoma Statutes.
10:1-1-5. Open meetings [REVOKED]
10:1-1-6. Procedures regarding inquiries to Board Inquiries regarding persons who have been granted or denied a certificate, license, or permit, procedures to obtain a license, certificate, or permit, complaints, suggestions, and general inquiries concerning the Oklahoma Accountancy Act and the rules implementing that Act may be made by calling or writing to the Board at the Board office. Members of the staff respond to questions where appropriate. In the event the inquiry concerns policy, and the Board has not previously made a policy determination applicable to that inquiry, the Board will respond or direct the response to be given by a staff member.
10:1-1-6.1. Furnishing of copies (a) Except as specifically exempted as a confidential record, official records of the Oklahoma Accountancy Board are subject to the Oklahoma Open Records Act, Sections 24A.1 through 24A.20 of Title 51 of the Oklahoma Statutes. (b) Copies of official records which are available to the public may be obtained from the Board office during regular business hours upon payment of a fee to cover the cost of providing copies of the requested records.
10:1-1-7. Compliance by registrants required [REVOKED]
10:1-1-7.1. Recording Board member attendance The Executive Director shall keep an attendance record for each Board member. The Board shall take action on each absence of a Board member to determine if it is unavoidable. The minutes of a Board meeting shall reflect the members absent, and the action by the Board on each absence.
10:1-1-7.2. Authorization to represent position of the Board Upon a majority vote, the Board may authorize one (1) of more of its members or members of the staff to speak for the Board regarding Board policies. Only a Board member or staff members so authorized may speak for the Board. Such authorization, the subject matter, and the vote shall be entered in the minutes.
The seal of the Board shall be used on certificates, licenses, orders of the Board, and any other documents requiring certification by the Board or the signature of one (1) or more members of the Board. The seal shall not be required for correspondence, memoranda, or other similar types of written documents.
10:1-1-8. Promulgation, amendment or repeal of rules (a) The Board may propose changes to the permanent rules of the Oklahoma Accountancy Board at any time as provided in the Oklahoma Administrative Procedures Act. (b) Any interested person may petition the Board requesting the promulgation, amendment, or repeal of a rule. (1) Such requests shall be: in writing, signed by the person submitting the request; state the rule to be reviewed or new rule proposed; and state the reasons in support of the request. (2) The request shall be submitted to the Board at its office. (3) The Board may consider the proposal at its next meeting. It may defer action pending the acquisition of additional information, conduct an investigation, or hold a hearing on the proposal. (4) The Board shall advise the petitioner of any meeting at which the proposal is to be considered and the final action taken, by the Board, on the proposal.
(a) An individual may file a request with the Board for a declaratory ruling with respect to the application or enforcement of a rule or statute. (1) The request shall be in writing and signed by the individual seeking the ruling. (2) The request shall state the rule or statute involved. (3) The request shall contain a concise statement of fact for which the ruling is sought. (b) The Board may consider the request at the next meeting. In the event the question has been resolved prior to a ruling, the individual filing the request shall be notified of the applicable ruling. (c) The Board may defer action pending an investigation or hearing. (d) The Board shall issue a written ruling or provide a written explanation to the individual filing the request as to why a ruling will not be issued. (e) Unless otherwise specifically stated in the ruling, a ruling issued by the Board pursuant to the provisions of this Section shall constitute a precedent for the purpose of subsequent rulings on the same question until revoked or overruled by either the Board or a court of competent jurisdiction. (f) Board rulings shall be indexed by the number of the statute or rule which the ruling interprets and shall be available for inspection by members of the public at the Board office.
(a) Confidential information obtained by the Board, as set forth in Section 15.6A of the Oklahoma Accountancy Act shall be unavailable to the general public. (b) An affected individual or entity who wishes to allow the inspection of the confidential information of that individual or entity by that individual's or entity's designated representative, or the public at large shall sign a release for such information in such form as prescribed and furnished by the Board. Such confidential information shall be made readily available during the normal business hours of the Board. (c) Minutes of all meetings, public hearings, and other records shall be maintained by the Board as a permanent record subject to public inspection during regular business hours. (d) All final written orders of the Board shall be maintained in such manner as to be available for public inspection. Such orders shall be available by reference to the name of the individual or entity to which the order is directed.
CHAPTER 10. RULES OF GENERAL APPLICATION [REVOKED]
CHAPTER 15. LICENSURE AND REGULATION OF ACCOUNTANCY
Subchapter Section 1. General Provisions 10:15-1-1 3. Requirements to Practice Public Accountancy 10:15-3-1 5. Examination Procedures 10:15-5-1 7. Application to Take an Examination 10:15-7-1 9. Examination Content 10:15-9-1 11. Grading of Examinations 10:15-11-1 13. Conditional Credit on Examination 10:15-13-1 15. Transfer of Examination Credits 10:15-15-1 17. Procedures Upon Failure to Apply for or Take Examination 10:15-17-1 19. Proctoring of Candidates Taking Examinations 10:15-19-1 21. Reciprocity 10:15-21-1 23. Registration 10:15-23-1 25. Permits 10:15-25-1 27. Fees 10:15-27-1 29. Continuing Professional Education 10:15-29-1 31. Standards for Continuing Professional Education 10:15-31-1 33. Quality Review [RESERVED] 35. Reinstatement 10:15-35-1 37. Enforcement Procedures 10:15-37-1 39. Rules of Professional Conduct 10:15-39-1 41. Child Support Statute 10:15-41-1 [Authority: 59 O.S., Section 15.5] [Source: Codified 7-1-93]
SUBCHAPTER 1. GENERAL PROVISIONS
Section
(a) The Oklahoma Accountancy Act, found in Title 59 of the Oklahoma Statutes, beginning at Section 15.1 has been adopted by the Oklahoma Legislature for the purposes of protecting the public and to prevent the public from being mislead as to competency and ability to provide professional accounting services of an individual or firm offering such services. The Oklahoma Accountancy Board has been created for the purpose of implementing the laws and policies established by the Legislature. (b) In order to implement the policy established by the Legislature regarding the practice of public accounting in Oklahoma and for the administration of the provisions of the Oklahoma Accountancy Act the rules of this Chapter have been adopted by the Board. (c) These rules, including the Rules of Professional Conduct, are applicable to candidates for certificates or licenses.
In addition to the terms defined in the Oklahoma Accountancy Act, the following words or terms shall be applied when implementing that Act and, when used in this Chapter shall have the following meaning, unless the context clearly indicates otherwise: "Act" means the Oklahoma Accountancy Act, Oklahoma Statutes, Title 59, ''15.1 through 15.37, dealing with the practice of public accountancy in Oklahoma. "Accounting information system (AIS)" means a subsystem of the management information system within an organization. The accounting information system collects and records financial and related information used to support management decision making and to meet both internal and external financial reporting requirements. An AIS system includes, but is not limited to, the accounting for transactions cycles such as revenues and receivables, purchases and payables, payroll, inventory, cash receipts and cash disbursements, and related data based systems. "Code" means Title 10 of the Oklahoma Administrative Code. "Compensation" means the receipt of any remuneration of any kind for public accounting services, including but not limited to salary, wages, bonuses or receipt of any tangible or intangible thing of value. "CPE" means continuing professional education. "Domicile" means an individual's place of residence. "Examining Authority" means the agency, board or other entity, of the District of Columbia, or any state or territory of the United States, entrusted with the responsibility for the governance, discipline, registration, examination and award of certificates, licenses or conditional credits for certified public accountants or public accountants and the practice of public accountancy in said jurisdictions. "Firm" means a professional entity which is legally constituted in accordance with Oklahoma statutes to engage in accountancy. "Generally accepted accounting principles" means the same as "Statement on Auditing Standards No. 69, The Meaning of Present Fairly in Conformity With Generally Accepted Accounting Principles in the Independent Auditor's Report" adopted in 1992, and issued by the American Institute of Certified Public Accountants and subsequent amendments thereto. "Generally accepted auditing standards" means those standards which are used to measure the quality of the performance of auditing procedures and the objectives to be obtained by their use. Statements on Auditing Standards issued by the American Institute of Certified Public Accountants, Standards for Audit of Government Organizations, Programs, Activities and Functions issued by the Comptroller General of the United States, and other pronouncements having similar generally recognized authority, are considered to be interpretations of generally accepted auditing standards, and departures from such pronouncements, where they are applicable, must be justified by those who do not follow them. "Management information system (MIS)" means a computer or manual system, or a group of systems, within an organization that is responsible for collecting and processing data to ensure that all levels of management have the information needed to plan, organize, and control the operations of the organization and to meet both internal and external reporting requirements. "Office" means a building, room, or series of rooms which are owned, leased, or rented by an individual or firm for the purpose of holding out or carrying out the practice of public accounting. "Organization" includes a corporation, government or governmental subdivision or agency, business trust, estate, trust partnership, sole proprietorship, an association, two or more persons having a joint or common interest, an employer of CPAs or PAs, or any other legal or commercial entity. "Other compensation" means compensation, including remuneration based on a percentage of the amounts involved received by a registrant who is engaged in the practice of public accounting for other than the performance of professional services or for the sale or referral of products or services of third parties. "Other professional standards" means those standards as defined by Statements on Management Advisory Services, Statements on Responsibilities in Tax Practice and Statements on Standards for Accounting and Review Services, issued by the American Institute of Certified Public Accountants. "Period of professional engagement" means the period during which professional services are provided, with such period starting when the registrant begins to perform professional services requiring independence and ending with the notification of the termination of that professional relationship by the registrant or by the client. "Sole Proprietorship" means an unincorporated business enterprise which is owned entirely by one (1) certificate or license holder.
SUBCHAPTER 3. REQUIREMENTS TO PRACTICE PUBLIC ACCOUNTANCY
Section 10:15-3-1. Who may practice public accountancy 10:15-3-2. Certificate as a certified public accountant 10:15-3-3. License as a public accountant 10:15-3-4. Permits to practice
10:15-3-1. Who may practice public accountancy Public accounting may be practiced in this state by either an individual or a firm which holds a valid permit to practice issued by the Board. Registrants may not practice public accounting through an entity which does not hold a valid permit. The Board grants certificates, licenses, or permits to practice to applicants on condition that the registrants comply with the provisions of the Oklahoma Accountancy Act and the rules adopted for the implementation of that Act.
10:15-3-2. Certificate as a certified public accountant (a) A certificate may be issued to a qualified applicant only after the eligibility requirements have been met and the examination has been satisfactorily completed. (b) A certificate may be issued by reciprocity to an applicant upon satisfactorily meeting the requirements for such certificate.
10:15-3-3. License as a public accountant
(a) A license may be issued to a qualified applicant only after the eligibility requirements have been met and the examination has been satisfactorily completed. (b) A license may be issued by reciprocity to an applicant upon satisfactorily meeting the requirements for such license.
10:15-3-4. Permits to practice In addition to a license or certificate, any individual or entity wishing to practice public accounting in this state shall also be required to have a valid permit to practice.
SUBCHAPTER 5. EXAMINATION PROCEDURES
Section 10:15-5-1. Eligibility to take examination 10:15-5-2. Schedule of examinations 10:15-5-3. Notice of examinations 10:15-5-5. Prohibited acts regarding the examination process
10:15-5-1. Eligibility to take examination (a) An applicant shall comply with the requirements of Sections 15.8 and 15.9 of the Oklahoma Accountancy Act in order to be eligible to take the examination and to receive a certificate or license. (b) Written notice of eligibility to take an examination shall be given to an applicant at least thirty (30) calendar days prior to the commencement of the examination. (c) Final approval of an application for the examination shall not be granted more than ninety (90) days prior to the commencement of the examination applied for. Tentative approval may be communicated earlier to the applicant, but final approval shall be based only on updated application information and confirmation of eligibility which the Board shall require from the applicant.
10:15-5-2. Schedule of examinations Examination of candidates for certification and for licensing shall be held at such times and places as the Board designates.
10:15-5-3. Notice of examinations Notice of each examination shall be given by publication at least ninety (90) calendar days prior to the examination date. Such notices shall be sent to all daily and weekly newspapers listed in the Oklahoma Media Guide, published by the Oklahoma Press Association, on the date the notice is to be sent.
Failure of a candidate to furnish all information requested by the Board within the time frame set by the Board prior to commencement of the examination shall be grounds for denying such candidate admission to the examination.
10:15-5-5. Prohibited acts regarding the examination process Any candidate who commits one (1) or more of the following acts shall be subject to disciplinary action by the Board: (1) Giving false information to the Board in order to be eligible to take the examination. (2) Conduct which violates the standards of test administration. (3) Failure to cooperate with the testing officials. (4) Communicating with any other candidate during the administration of the examination. (5) Obtaining answers from another candidate during the administration of the examination. (6) Communicating answers or allowing another candidate to obtain an answer during the administration of the examination. (7) Possession of any books, notes, written or printed materials, personal calculators or data of any kind other than the distributed examination materials during the administration of the examination. (8) Impersonating a candidate for the purpose of taking the examination for that candidate. (9) Allowing another individual to take an examination for the candidate. (10) Communicating to another person the contents of the nondisclosed examination.
SUBCHAPTER 7. APPLICATION TO TAKE AN EXAMINATION
Section 10:15-7-1. Requirements for filing applications 10:15-7-2. Applicant experience equivalency 10:15-7-3. Applicant for reexamination 10:15-7-4. Evaluation of application 10:15-7-5. Denial of application 10:15-7-6. Board review of denied applications
10:15-7-1. Requirements for filing applications (a) Any individual seeking to take an examination to receive a certificate or license shall file an application to take the appropriate examination on such form as prescribed and furnished by the Board. (b) Applications must be received in the Board office no later than 5:00 P.M. on the last day for filing. (c) The last day for filing an application shall be no later than sixty (60) calendar days prior to the first day on which the examination applied for is to commence. When the 60th day falls on a Saturday, Sunday, or state holiday the date announced by the Board will be extended to include the next state working day.
10:15-7-2. Applicant experience equivalency
(1) Experience in the application of a variety of auditing procedures and techniques to the usual and customary financial transactions recorded in accounting records; preparation of audit work papers covering the examination of the accounts usually found in accounting records; and preparation of written explanations and comments on the findings of an examination and the content of accounting records. (2) Experience in preparation and analysis of financial statements together with explanations and notes thereon. (3) Experience in preparation of individual and corporate tax returns, tax planning, and contested tax matters. (4) Experience in the design of accounting systems, evaluation and design of internal control systems, analytical review of accounting records for the purpose of testing internal controls, or performance of operational audits for use in making management decisions based on accounting information. (b) The Board may verify the applicant's experience to the extent the Board deems necessary. (c) Subject to the dates set forth in Section 15.8 of the Act, a person seeking to qualify on the basis of self-employment shall satisfy the Board that the requirements have been met. The Board may verify applicant's self-employment experience to the extent the Board deems necessary. (d) In lieu of experience an applicant shall show to the satisfaction of the Board that the applicant has graduated from an accredited four-year college or university listed in the "Education Directory Colleges and Universities" as published by the Superintendent of Documents, Washington, D.C. (1) As to an applicant whose college credits are reflected in quarter hours, each quarter hour of credit shall be considered as two-thirds (2/3) of one (1) semester hour when determining semester hour credits necessary to qualify for examination or transfer of credits. (2) When determining eligibility based on educational qualifications the Board shall consider only educational credit reflected on official transcripts. (3) The specific requirement that each applicant shall have completed at least one (1) course in auditing may only be satisfied with an auditing course taken in-class for credit from an accredited two-year or four-year college or university listed in the "Education Directory Colleges and Universities" as published by the Superintendent of Documents, Washington, D.C. (e) When determining eligibility of an applicant for examination the Board shall not consider any combination of education and experience. (f) The Board will also consider an applicant who has graduated from a college or university located outside the United States if an educational evaluation performed by the Foreign Academics Credentialing Service (FACS) or another credentialing agency which is a member of the National Association of Credential Evaluation Services, Inc. certifies in writing that the applicant¿s course of study and degree are equivalent to the requirements set forth in Section 15.8 of the Act.
10:15-7-3. Applicant for reexamination (a) A candidate who fails to receive a grade of seventy-five (75) on all subjects on the first examination taken may apply for reexamination. (b) Each applicant for reexamination must comply with applicable filing dates. (c) Each applicant for reexamination shall be reexamined on all subjects for which an applicant does not hold valid conditional credit at the time of the reexamination.
10:15-7-4. Evaluation of application Evaluation of qualifications and approval of applications to take an examination or for transfer of credits shall be performed by the Executive Director, subject to the limitations set forth in Subchapter 10:15-37-11.
10:15-7-5. Denial of application (a) Any applicant who has not met the applicable qualifications and whose application has been denied shall be notified in writing. The written notice shall include the reason(s) for the denial. (b) If an application is denied, the applicant may file a written request with the Board for a review of the denial. The applicant shall have the burden of demonstrating to the Board that the qualifications required by the Oklahoma Accountancy Act and the rules implementing the Act have been met. Any evidence submitted by the applicant shall be in documentary form.
10:15-7-6. Board review of denied applications (a) The Board shall consider all requests for review of denied applications. (b) The issues considered for review shall include, but not be limited to, the statutory eligibility requirements and rules upon which the denial of the application was based. (c) The applicant who has requested the review shall be notified in writing of the Board's decision. If the denial is sustained by the Board, the written notice shall include the reason(s) for sustaining the denial. (d) If the denial of the application is sustained, and the applicant is not satisfied with the decision of the Board, the applicant may request in writing a public hearing before the Board. Such request shall be granted only if the applicant can provide additional information to the Board which was not previously available to the Board at the time of the initial evaluation or review. Any additional evidence shall be in documentary form. If any additional evidence is to be presented by oral testimony, a written synopsis of that oral evidence shall accompany the request for a public hearing.
Each application to take an examination shall be accompanied by the required fee.
SUBCHAPTER 9. EXAMINATION CONTENT
Section 10:15-9-1. Content of examinations until May 1, 1994 [REVOKED] 10:15-9-2. Content of examinations 10:15-9-3. Examination documents 10:15-9-4. Confidentiality agreement required
10:15-9-1. Content of examinations until May 1, 1994 [REVOKED]
10:15-9-2. Content of examinations (a) The examination for certification as a certified public accountant shall be the Uniform Certified Public Accountant Examination prepared and graded by the American Institute of Certified Public Accountants. At the initial examination for certification as a certified public accountant the candidate shall take all four subjects. The examination subjects are: (1) Business Law and Professional Responsibilities; (2) Auditing; (3) Accounting and Reporting-Taxation, Managerial, and Governmental and Not-for-Profit Organizations; and (4) Financial Accounting and Reporting-Business Enterprises.
(1) Auditing; (2) Accounting and Reporting-Taxation, Managerial, and Governmental and Not-for-Profit Organizations; and (3) Financial Accounting and Reporting-Business Enterprises.
10:15-9-3. Examination documents Requests for return of any portion of an examination or examination answers shall be subject to the uniform procedures for administration of the examination.
10:15-9-4. Confidentiality agreement required All individuals having access to examination materials, including examiners, board members, and candidates, shall be required to agree in writing to hold the content of the examination confidential. Persons who breach the agreement will be subject to disciplinary action by the Board.
SUBCHAPTER 11. GRADING OF EXAMINATIONS
Section 10:15-11-2. Grade requirements 10:15-11-3. Successful completion of examination until May 1, 1994 [REVOKED] 10:15-11-4. Successful completion of examination 10:15-11-5. Ineligibility for reexamination [REVOKED] 10:15-11-6. Notification of grade 10:15-11-7. Procedures to request review of the grading process 10:15-11-9. Destruction of papers
The Board shall use the Uniform Certified Public Accountant Examination and Advisory Grading Service of the American Institute of Certified Public Accountants to grade the Uniform Certified Public Accountant Examination.
10:15-11-2. Grade requirements (a) A grade of seventy-five (75) in each required subject area shall be the minimum passing grade for purposes of earning conditional credit. (b) Subchapter 13 sets forth the minimum grade required to be earned in each subject at each examination in order to be granted conditional credit at the same examination.
10:15-11-3. Successful completion of examination until May 1, 1994 [REVOKED]
10:15-11-4. Successful completion of examination (a) When a candidate for a certificate has successfully passed all four (4) required subject areas of the examination within the applicable time period or number of examinations, the candidate shall be considered to have passed the examination as a whole. (b) When a candidate for a license has successfully passed the three (3) required subject areas of the examination within the applicable time period or number of examinations, the candidate shall be considered to have passed the examination as a whole.
10:15-11-5. Ineligibility for reexamination [REVOKED]
10:15-11-6. Notification of grade (a) Each candidate shall be advised in writing of the grade earned in each subject for which the candidate was examined. (b) On the day after the announced uniform grade mailing date for each examination, the names and addresses of successful candidates shall be made public.
10:15-11-7. Procedures to request review of the grading process (a) A candidate may request, through the Board, a review of his or her nonpassing examination papers by the Advisory Grading Service of the American Institute of Certified Public Accountants (AICPA). The review shall be conducted in accordance with the uniform procedures established by the AICPA for such reviews. (b) A review is the process whereby a candidate may verify the accuracy of the grading process. (c) The cost of the review, as established by the AICPA, shall be paid by the candidate.
(a) After the grades have been released, a candidate may have access to a copy of his or her nonpassing examination papers for the purpose of viewing the incorrectly answered questions in accordance with the procedures established by the American Institute of Certified Public Accountants (AICPA). (b) Such request must be made in writing through the Board. (c) The fees assessed by the AICPA in connection with the appeal procedure shall be paid by the candidate.
10:15-11-9. Destruction of papers The Board's designated agent shall destroy the examination papers ninety (90) days following the uniform grade mailing date for each examination.
SUBCHAPTER 13. CONDITIONAL CREDIT ON EXAMINATION
Section 10:15-13-1. Conditional credit for candidates for certificates 10:15-13-2. Conditional credit for candidates for licenses 10:15-13-3. Conversion of conditional credit beginning May 1, 1994 [REVOKED] 10:15-13-4. Requests for extension of time
10:15-13-1. Conditional credit for candidates for certificates (a) A candidate for a certificate shall be entitled to conditional credit upon receiving a passing grade of seventy-five (75) in two (2) or more of the required subjects on a single examination, provided the candidate complies with the provisions of Code 10:15-9-2(a). (b) After the first conditional credit is earned, conditional credit will be given for the successful completion of the examination in a single additional subject, provided the candidate took all subjects for which the candidate does not hold valid conditional credit. (c) All conditional credit shall lapse if the candidate: (1) does not take at least one (1) out of three (3) consecutive examinations given by the Board; or (2) does not pass all remaining subjects within the next six (6) examinations given by the Board following the examination at which the conditional credit was first earned. (d) Effective with the November 1999 examination, a candidate shall be entitled to conditional credit upon receiving a passing grade of seventy-five (75) in two (2) or more of the required subjects on a single examination, provided: (1) the candidate takes all subjects for which the candidate does not hold conditional credit; and (2) the candidate attained a minimum grade of 50 in each subject examined at the same examination. (e) Effective with the November 1999 examination, after the first conditional credit is earned, conditional credit will be given for the successful completion of the examination in a single additional subject. (f) Effective with the November 1999 examination, all conditional credit shall lapse if the candidate: (1) does not take at least one (1) out of three (3) consecutive examinations given by the Board; or (2) does not pass all remaining subjects within the next six (6) examinations given by the Board following the examination at which the conditional credit was first earned. (g) Upon submission of an application to take an examination for a license, and upon successful completion of the examination for the license, an applicant may not request that those conditional credits be applied toward the subjects necessary to obtain a certificate.
10:15-13-2. Conditional credit for candidates for licenses (a) A candidate for a license shall receive conditional credit when the candidate has received a passing grade of seventy-five (75) in at least one (1) of the three (3) required subjects on a single examination, provided the candidate complies with the provisions of Code 10:15-9-2(b). (b) After the first conditional credit is earned, conditional credit will be given for the successful completion of the examination in one or more single other required subjects, provided the candidate took all subjects for which the candidate does not hold valid conditional credit. (c) All conditional credit shall lapse if the candidate: (1) does not take at least one (1) out of three (3) consecutive examinations given by the Board, or (2) does not pass all subjects within the six (6) consecutive examinations following the examination at which the conditional credit was first earned. (d) A candidate who has passed the subject area of Auditing and the subject area of Accounting and Reporting-Taxation, Managerial, and Governmental and Not-for-Profit Organizations and the subject area of Financial Accounting and Reporting-Business Enterprises, may request that a license be issued to the candidate. (1) Such request shall be made in writing within three (3) years from the date that such subjects were passed. (2) The conditional credit for certification which such individual may hold on the date the license is issued will remain valid but shall be subject to lapse in the same manner as provided for other holders of conditional credits. (e) Effective with the November 1999 examination, a candidate shall receive conditional credit when the candidate has received a passing grade of seventy-five (75) in at least one (1) of the three (3) required subjects on a single examination, provided: (1) the candidate takes all subjects for which the candidate does not hold conditional credit; and (2) the candidate attained a minimum grade of 50 in each subject examined at the same examination. (f) Effective with the November 1999 examination, after the first conditional credit is earned, conditional credit will be given for the successful completion of the examination in a single other subject. (g) Effective with the November 1999 examination, all conditional credit shall lapse if the candidate: (1) does not take at least one (1) out of three (3) consecutive examinations given by the Board; or (2) does not pass all subjects within the next six (6) examinations given by the Board following the examination at which the conditional credit was first earned.
10:15-13-3. Conversion of conditional credit beginning May 1, 1994 [REVOKED]
10:15-13-4. Requests for extension of time (a) A candidate may apply for an extension of the time limits set by this Subchapter if the candidate is called to active military service or becomes incapacitated as a result of illness or injury. (b) The candidate shall file a written request with the Board for an extension after receiving the call to active military service and shall furnish a copy of the orders to active military service or furnish written evidence of incapacitation or injury. (c) Within sixty (60) calendar days after the candidate is discharged from active military service, the candidate shall furnish the Board with copies of the discharge orders. The candidate shall then be required to take one (1) of the next two (2) examinations for which the candidate is eligible following the candidate's discharge from military service or rehabilitation from illness or injury.
SUBCHAPTER 15. TRANSFER OF EXAMINATION CREDITS
Section 10:15-15-1. Application for transfer of credits 10:15-15-2. Requirements to qualify for transfer of credits
10:15-15-1. Application for transfer of credits (a) An individual who has taken the Uniform Certified Public Accountant Examination in the District of Columbia or any state or territory of the United States may apply to the Board for the transfer of conditional credits. (b) The application shall be in such form as the Board prescribes. (c) The applicant shall submit written verification of the valid conditional credits from the examining authority responsible for administering the examination at which such credits were earned. (d) The applicant shall meet all other eligibility requirements established to take the examination in Oklahoma.
10:15-15-2 . Requirements to qualify for transfer of credits (a) Upon the filing of an application to transfer conditional credits on the Uniform Certified Public Accountant Examination, the Board shall accept and transfer such credits, if at the time the application to transfer credits is filed with the Board, the applicant has met the following requirements: (1) The credits were earned by the applicant while taking an examination administered by the examining authority responsible for conducting such examinations pursuant to the laws of the District of Columbia or any state or territory of the United States. (2) The applicant was examined and passed all subjects of the Uniform Certified Public Accountant Examination in the same manner as required for Oklahoma candidates. (3) All credits were earned within the seven (7) examinations immediately preceding the date the application to transfer credits is filed with the Board. (b) Applicants for the transfer of credits shall comply with the announced application filing dates for the examination. (c) In the case of an applicant who has met all eligibility requirements and seeks to transfer conditional credits, the acceptance of such credits by the Board shall result in the applicant being approved to take the examination in the subjects for which no conditional credit was transferred. (d) In the case of an applicant for a certificate who has met all eligibility requirements and seeks to transfer the four (4) conditional credits, the acceptance of such credits by the Board shall result in the issuance of a certificate to the applicant. (e) In the case of an applicant for a license who has met all eligibility requirements and seeks to transfer the three (3) conditional credits, the acceptance of such credits by the Board shall result in the issuance of a license to the applicant.
SUBCHAPTER 17. PROCEDURES UPON FAILURE TO APPLY FOR OR TAKE EXAMINATION
Section 10:15-17-1. Processing fee to retake examination 10:15-17-2. Failure to apply to take s\ucceeding examinations 10:15-17-3. Reestablishment of eligibility
10:15-17-1. Processing fee to retake examination If for any reason a candidate who has qualified to take an examination fails to take the examination, a processing fee shall be required with the next application to take an examination.
10:15-17-2. Failure to apply to take s\ucceeding examinations If a candidate fails to take at least one (1) examination within the next three (3) examinations, that candidate shall no longer be considered a current candidate and shall forfeit all fees paid. No further notices of examination shall be sent to the candidate.
10:15-17-3. Reestablishment of eligibility An applicant shall be required to reapply as a new candidate and reestablish eligibility, after the individual is determined to no longer be a current candidate. On and after July 1, 2003 an applicant who seeks to reestablish eligibility to take the examination shall be required to comply with the provisions of Section 15.8D of the Act.
SUBCHAPTER 19. PROCTORING OF CANDIDATES TAKING EXAMINATIONS
Section 10:15-19-1. Request for Board proctoring service 10:15-19-3. Limitations and restrictions on proctored examinations 10:15-19-4. Oklahoma candidates taking examination in other states
10:15-19-1. Request for Board proctoring service Candidates for examination from other states may be permitted to take the examination under the proctorship of the Board pursuant to a written request received from the examining authority of the District of Columbia, another state, territory of the United States or their designated agents.
A nonrefundable processing fee for providing proctoring services by the Board shall be paid by the candidate prior to the examination.
10:15-19-3. Limitations and restrictions on proctored examinations (a) Failure of a candidate to pay the required fee or to furnish all information requested by the Board within the time parameters set by the Board prior to commencement of the examination shall be grounds for denying such candidate admission to the examination. (b) Upon payment of the required fee and the timely furnishing of all information requested by the Board, proctoring of candidates taking examinations shall be restricted only by the availability of seating space at the examination sites.
10:15-19-4. Oklahoma candidates taking examination in other states (a) Applicants, for a certificate or license, from Oklahoma may not request to take the initial examination in another state. (b) An applicant for reexamination may request the Board to authorize the candidate to take an examination in another state only if such candidate provides evidence acceptable to the Board of: (1) the candidate or the spouse of the candidate is attending school in another state, district or territory of the United States; (2) the candidate is on a temporary job assignment incident to the regular, full time employment of the candidate within this state; or (3) the candidate, or the spouse of the candidate, is on active military duty stationed outside this state and such candidate or spouse maintains Oklahoma as his or her domicile or military home of record. (c) If eligible, the Board shall issue its request in writing to the other examining authority for an applicant. (d) A candidate applying to take the examination in another state shall file the application with the Oklahoma Accountancy Board to take the examination and the request to take the examination in another state on or before the final application filing date. In addition to complying with the Oklahoma Accountancy Act and the rules implementing that Act, the candidate shall comply with all state laws and rules of the jurisdiction where the candidate will be taking the examination. If for any reason satisfactory arrangements for taking the examination in another state cannot be made the candidate shall be permitted to take the examination at one of the Oklahoma sites. (e) Applicants shall be solely responsible for any fees required to be paid to the other examining authority to provide proctoring.
Section 10:15-21-1. Application for certificate or license 10:15-21-2. Basis for reciprocal certificate or license [Revoked] 10:15-21-3. Evaluation of qualifications 10:15-21-4. Denial of application 10:15-21-5. Review of applications by Board
10:15-21-1. Application for certificate or license An applicant seeking to obtain a certificate, license, or permit to practice public accounting in this state who holds a valid certificate or license pursuant to the laws of the District of Columbia or any state or territory of the United States shall provide the Board with: (1) written proof of test scores received on all examinations from the other examining authority; (2) written information that the applicant met or currently meets all Oklahoma requirements for eligibility as provided by statute,' 15.13, Title 59, Oklahoma Statutes and these rules; (3) a certificate of good standing from the examining authority of the district, state or territory who issued the certificate or license upon which the reciprocal certificate or license is based; and (4) written proof of having met all Oklahoma continuing professional educational requirements.
10:15-21-2. Basis for reciprocal certificate or license [REVOKED]
10:15-21-3. Evaluation of qualifications Evaluation of qualifications for approval of the application for a reciprocal certificate or license shall be performed by the Executive Director.
10:15-21-4. Denial of application (a) Any applicant who has not met the applicable qualifications and whose application has been denied shall be notified in writing. The written notice shall include the reason(s) for the denial of the application for reciprocity. (b) If an application is denied, the applicant may file a written request with the Board for a review of the denial. The applicant shall have the burden of demonstrating to the Board that the qualifications required by the Oklahoma Accountancy Act and by the rules implementing that Act have been met. Any evidence submitted by the applicant with the written request shall be in documentary form.
10:15-21-5. Review of applications by Board (a) The Board shall consider all requests for review of denied applications for reciprocity. (b) The issues considered for review shall include but not be limited to, the statutory eligibility requirements and rules upon which the denial of the application was based. (c) The applicant who has requested the review shall be notified in writing of the decision by the Board. If the denial is sustained by the Board, the written notice shall include the reason(s) for sustaining the denial. (d) If the denial of an application is sustained, and the applicant is not satisfied with the decision of the Board, an applicant may request, in writing, a public hearing before the Board. Such request shall be granted only if the applicant can provide additional information to the Board which was not previously available to either the Executive Director or the Board at the time of the initial evaluation or review. Any additional evidence shall be in documentary form. If any additional evidence is to be presented by oral testimony, a written synopsis of that oral evidence shall accompany the request for a public hearing. (e) If the Board grants a public hearing to the applicant, the hearing may be held in conjunction with the next regular meeting of the Board or at a special meeting of the Board.
Each application for a reciprocal certificate or license shall be accompanied by all applicable fees.
Section 10:15-23-1. Registration of individuals 10:15-23-2 . Registration of firms
10:15-23-1. Registration of individuals (a) On or before June 30, all individuals shall register biennially as provided in Section 15.14 of the Oklahoma Accountancy Act and shall file a registration statement with the Board in such form and providing such information as the Board shall prescribe. (b) All registration statements shall be accompanied by a registration fee.
(2) In the case of a registrant who is disabled beyond gainful employment, as provided in Section 15.14 of the Oklahoma Accountancy Act, the registration fee may be waived for the period of disability. (3) All requests for a reduction or waiver of the registration fee shall be addressed to the Board, in writing. (4) The Board shall use its discretion in determining the conditions required for retirement or disability. (c) In addition to the regular registration fee paid by an individual, there shall be a fee for registering after close of business on June 30 but within twelve (12) months after the lapse date of the certificate or license. (d) In addition to the regular registration fee paid by an individual, there shall be a fee for registering later than twelve (12) months following the lapse date of the certificate or license. (e) Evaluation of qualifications and approval of registrations filed by individuals shall be, performed by the Executive Director, subject to the review and supervision of the Board. (f) Denial of individual registrations shall be by the Board. (g) During the period when a certificate or license is suspended by the Board, the suspended registrant shall be required to file annually with the Board an informational report on a form prescribed by the Board. No fee shall be required with such filing.
10:15-23-2. Registration of firms (a) On or before August 31 of each year all firms of certified public accountants and all firms of public accountants qualified to register shall file a registration statement with the Board in such form and providing such information as the Board shall prescribe. (b) The registration statement filed on behalf of a firm of certified public accountants shall be made by a partner or shareholder who holds a valid Oklahoma certificate. (c) The statement filed on behalf of a firm of public accountants shall be made by a partner or shareholder who holds a valid Oklahoma license or certificate. (d) Evaluation of qualifications and approval of registrations filed by firms shall be performed by the Executive Director, subject to the review and supervision of the Board. (e) Denial of firm registrations shall be by the Board. (f) Except for sole proprietorships, all registration statements filed on behalf of a firm shall be accompanied by an annual registration fee, as provided in Subchapter 27. (g) All statements filed on behalf of a firm shall be accompanied by the registration and all applicable permit fees for the firm, as provided in Subchapter 27.
Section 10:15-25-5. Transitional period for individuals entering and re-entering public practice
Each permit shall have a maximum term of one (1) year.
(a) All permits shall bear a date of issue based on the date the application for a permit is received in the office of the Board unless such registrant has been granted an exception by the Board. Permits renewed on a timely basis will be effective July 1 for individuals and September 1 for firms. (b) If an application for a permit which has been returned to the holder for correction or completion of information is returned to the Board in acceptable form within thirty (30) calendar days of the first denial, the permit shall bear the date on which the permit application was first received in the office of the Board. Failure to resubmit the corrected application within the thirty-day period shall cause the permit to be dated with the date the acceptable application is received in the office of the Board. (c) Permits applied for and issued after July 1, for individuals; and after September 1, for partnerships and professional corporations; and except for (a) and (b) above, shall bear an issue date of the day such application for a permit is accepted in the office of the Board.
(a) An individual permit shall have a maximum term of one (1) year and shall expire on June 30 following the date of issuance. (b) Each registrant who is engaged in the practice of public accounting in this state is required to hold a valid permit. In order to obtain a permit, an individual must have a valid certificate or license, be properly registered, pay all applicable fees, and comply with the continuing education requirement unless the registrant is exempt from CPE compliance as provided in Code 10:15-29-3. (c) Any registrant who performs any of the services described in Section 15.1A(27) of the Oklahoma Accountancy Act, regardless of whether such services are rendered for compensation, must have a permit if they are holding out as a CPA or PA in any manner as described in the Act. (d) Any registrant who prepares tax returns for the public, whether or not such returns are prepared for compensation, will be considered to be holding out if the return is signed with the CPA or PA designation or if such designation is used in any manner associated with the tax practice. (e) Any certified or licensed person employed by a firm located outside this state shall be required to hold a valid permit in order to serve clients in this state unless such service is incidental to other responsibilities in the firm or involves the internal review procedures of the firm. (f) The application for renewal of a permit shall be filed in the office of the Board prior to the expiration of the permit currently held and no later than June 30. Forms for this purpose shall be mailed by the Board in May of each year to each individual currently registered with the Board and holding a permit. (g) At the time the application for a permit is filed, the registrant shall attest to compliance with the continuing education requirement for the applicable compliance period as specified by the Board. (h) An application for a permit may be filed at any time during the year by a registrant who is entering or reentering the practice of public accounting. Such registrant shall attest to compliance with the applicable continuing education requirement. (i) A registrant who engages in the practice of public accounting only during certain times of the year shall maintain a valid permit for an entire permit period. (j) The fees to obtain a permit to practice shall accompany the application. The fees for the renewal of permits are set forth in Subchapter 27. (k) Renewal permit, for purposes of this Subchapter, refers to a permit applied for prior to the expiration of the current permit.
(a) Each firm permit shall have a maximum term of one (1) year and shall expire on August 31 following the date of issuance. (b) The application for renewal of a permit shall be filed in the office of the Board prior to the expiration of the permit currently held and no later than August 31. (c) Each firm applying for a permit to practice as a certified public accountant firm or as a public accountant firm shall submit a written affidavit signed by an owner, partner, member or shareholder demonstrating compliance with the requirements set out in Section 15.15A of the Oklahoma Accountancy Act and attesting that each partner, shareholder, owner, member and certified or licensed employee of the firm serving Oklahoma clients holds a valid individual permit. Such affidavit shall be acknowledged before a Notary Public by an owner or manager of said firm. (d) Forms to renew the permits shall be mailed by the Board in July of each year to each firm registered with the Board. (e) A firm is required to hold a valid permit if that firm is serving Oklahoma clients from outside this state unless such service is incidental to other responsibilities in the firm or involves the internal review procedures of the firm. (f) Each firm office which serves Oklahoma clients shall be required to hold a separate permit and pay the applicable fee for each office permit.
(c) Approval by the Board of such request(s) shall authorize the registrant to practice public accounting during the time period(s) referred to in this Subchapter.
Section 10:15-27-1. Initial application to take CPA examination 10:15-27-2. Initial application to take PA examination 10:15-27-4. Examination processing fee 10:15-27-5. Transfer of conditional credits 10:15-27-7. Reciprocal application 10:15-27-11. Duplicate certificate or license
10:15-27-1. Initial application to take CPA examination Each application submitted for the first time to take the examination to obtain a certificate shall be accompanied by a fee of One Hundred Twenty Dollars ($120.00).
10:15-27-2. Initial application to take PA examination Each application submitted for the first time to take the examination to obtain a license shall be accompanied by a fee of Ninety Dollars ($90.00).
(a) Each application for reexamination for a certificate shall be accompanied by a fee of Thirty Dollars ($30.00) for each subject in which the applicant is to be reexamined. (b) Each application for reexamination for a license shall be accompanied by a fee of Thirty Dollars ($30.00) for each subject in which the applicant is to be reexamined.
10:15-27-4. Examination processing fee If for any reason a candidate fails to take an examination for which that candidate has been approved, a processing fee of Fifty Dollars ($50.00) shall be required with the next application to take an examination.
10:15-27-5. Transfer of conditional credits The application fee required with an application to transfer conditional credits shall be One Hundred Twenty Dollars ($120.00).
The Board shall charge each candidate to be proctored a nonrefundable processing fee of One Hundred Dollars ($100.00) per examination.
10:15-27-7. Reciprocal application Each application shall be accompanied by a fee of One Hundred Twenty Dollars ($120.00).
(a) The registration fee for an individual shall be Twenty-Five Dollars ($25.00) per year. (1) In addition to the regular registration fee there shall be a fee for registering after June 30, but within twelve (12) months after the lapse date of the certificate or license, of Fifty Dollars ($50.00). (2) In addition to the regular registration fee, there shall be a fee for registering later than twelve (12) months following the lapse date of the certificate or licensed One Hundred and Fifty Dollars ($150.00). (b) An individual who has reached the age of sixty-five (65) shall pay a registration fee of Ten Dollars ($10.00) per year. In addition to the regular registration fee there shall be a fee for registering after June 30, but within twelve (12) months after the lapse date of the certificate or license, of Twenty Dollars ($20.00). (c) The registration fee for a firm, except a sole proprietorship, of certified public accountants or public accountants shall be Twenty Five Dollars ($25.00) per year.
(a) Before June 30 of each year the permit fee to renew an individual permit shall be Fifty Dollars ($50.00). (b) After June 30, the permit fee to renew an individual permit which was subject to renewal before the immediately preceding June 30 shall be One Hundred Dollars ($100.00). (c) The fee for an individual permit which is not a renewal permit shall be Fifty Dollars ($50.00). (d) A fee of Fifty Dollars ($50.00) shall be paid at the time a firm, except a sole proprietorship, which provides public accounting services to Oklahoma clients applies for a permit. Other than sole proprietorships, each office of a firm that provides public accounting services to Oklahoma clients shall pay the annual Fifty Dollar ($50.00) permit fee.
The application fee required with an application for reinstatement shall be One Hundred Dollars ($100.00).
10:15-27-11. Duplicate certificate or license There shall be a fee of One Hundred and Fifty Dollars ($150.00) for a duplicate certificate or license except for changes of name or the physical destruction or mutilation of a certificate, then the fee shall be Ten Dollars ($10.00).
(a) There shall be a charge of Twenty-Five Cents ($.25) per page for copies of records of the Board, except that a single copy of a final order from an administrative hearing or a consent order may be furnished at no charge in response to a request from a member of the public. (b) In the event a request for copies is for a commercial purpose or would cause disruption of the performance of the regular duties of the Board or Board staff, there shall be an additional charge computed and assessed based on the cost of personnel necessary to accomplish the copying request.
SUBCHAPTER 29. CONTINUING PROFESSIONAL EDUCATION
Section 10:15-29-1. Continuing professional education compliance period [REVOKED] 10:15-29-1.1. Burden of proof [NEW] 10:15-29-2. CPE transition provisions for renewal of permit [REVOKED] 10:15-29-3. CPE compliance period for new CPAs and PAs 10:15-29-4. Required CPE for issuance of a permit 10:15-29-6. Reporting and documentation by registrants 10:15-29-7. Qualifying subjects 10:15-29-9. Penalties for noncompliance with the CPE requirement
10:15-29-1. Continuing professional education compliance period [REVOKED]
The burden of proof rests solely upon the registrant to demonstrate to the satisfaction of the Board, in accordance with the Act, that all continuing education courses reported meet all of the requirements as to content and subject matter related to the profession or practice of public accounting.
10:15-29-2. CPE transition provisions for renewal of permit [REVOKED]
10:15-29-3. CPE compliance period for new CPAs and PAs (a) The term "new CPAs and PAs" refers to individuals who are certified or licensed in Oklahoma as the result of successfully completing the examination, including those individuals certified or licensed as the result of transferring all credits earned on an examination from another district, state or territory of the United States. (b) When a new CPA or PA becomes certified or licensed as a result of successfully completing the examination, including those individuals who are certified or licensed as the result of transferring all credits earned on an examination from another district, state or territory of the United States, the initial continuing education compliance period to obtain a permit shall begin on January 1 following the date of certification or licensing.
10:15-29-4. Required CPE for issuance of a permit (a) An individual who applies for a permit to practice public accounting shall comply with the CPE requirements prior to filing the application for a permit. (b) An individual who applies for a permit, other than a new CPA, new PA, or reciprocal applicant shall document that the applicant has: (1) completed a minimum of forty (40) hours of qualifying CPE within the calendar year immediately preceding the filing of the application for the permit; or (2) completed a minimum of forty (40) hours of qualified CPE within the three hundred sixty-five (365) day period immediately preceding the date of the application for the permit. (c) Unless exempted by 10:15-29-10, every permit holder shall complete at least two (2) hours of professional ethics CPE as a part of the 40 hour requirement. The ethics CPE requirement shall be effective for compliance periods beginning within calendar year 2001 and for each compliance period thereafter. (d) An individual other than a new CPA or PA who applies for a permit after the permit has been suspended or revoked, or has lapsed, shall have completed forty (40) hours of qualifying CPE within the three hundred sixty-five (365) day period immediately preceding the date of the application for a permit. (e) Regardless of the time frame in which CPE credit is earned, once credit has been claimed to the Board toward the issuance of a permit to practice, such credit may not be claimed again.
(a) An individual who applies for a certificate or license by reciprocity shall comply with the CPE requirements provided for in the Oklahoma Accountancy Act and the rules implementing that Act, except that an applicant who is not practicing public accounting shall not be required to report CPE in conjunction with the application for reciprocity. (b) An individual who applies for an initial permit shall document that the applicant has: (1) completed a minimum of forty (40) hours of qualifying CPE within the calendar year immediately preceding the filing of the application for the reciprocal certificate or license; |