GENERAL
GOVERNMENT CABINET
Kentucky
State Board of Accountancy
(As
Amended at ARRS, October 13, 2015)
201 KAR 1:140. Procedures for the
reinstatement or reissuance of a CPA license.
RELATES TO: KRS 325.330(6), 325.360,
325.370
STATUTORY AUTHORITY: KRS 325.240(2),
325.330(6), (7), 325.370(2)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
325.240(2) authorizes the Kentucky State Board of Accountancy to promulgate
administrative regulations for the administration of KRS Chapter 325.
KRS 325.330(6) and (7) and 325.370 authorize the board to reinstate and reissue
licenses that have expired, been suspended, revoked or denied renewal. This
administrative regulation establishes the procedures for reinstating or
reissuing a license.
Section 1. Definition. "Accounting
or auditing course" means:
(1) A field of study
dealing with pronouncements of authoritative accounting principles issued by
the standard setting bodies; and
(2)(a)[and other related
subjects generally classified with the accounting discipline and shall include]
Auditing subjects related to the examination of financial statements,
operations, systems, and programs;
(b) The review of
internal and management controls;
(c) The reporting on
the results of audit findings;
(d) Compilations;
(e)[and] Reviews;
and
(f) Other related subjects
generally classified with the accounting discipline, except for[, but
shall not include] courses in tax and computer software training[classes].
Section 2. A licensee who fails[failed]
to renew his or her license by the August 1 renewal date shall be allowed to
renew his or her license by complying with the requirements of KRS 325.330(7),
201 KAR 1:100, 201 KAR 1:065, and paying a $100 late fee,
if:
(1) The license is
renewed online on or before September 1; or
(2) The renewal
materials and payment are received at the board office on or before September 1.
Section 3. (1) A license expired for a
period of more than one (1) month or voluntarily surrendered for any reason,
except if[when] a complaint is pending before the
board, may be considered by the board for reinstatement if
the applicant:
(a) Submits a completed ["]License
Reinstatement Application["];
(b) Documents compliance with the
continuing professional education requirements established in subsection (2) of
this section; and
(c) Submits a money order or check in the
amount of $200 made payable to the Kentucky State Board of Accountancy.
(2) An applicant shall document
successful completion of either sixty (60) or eighty (80) hours of continuing
professional education, based on the amount of hours the applicant was to have
completed when the applicant’s license expired or was voluntarily surrendered.
The hours shall:
(a) Include accounting or auditing
courses that comprise at least one-half of the total amount of hours of
continuing professional education required for the applicant;
(b) Include two (2) hours of coursework
in professional ethics;
(c) Have been completed within two (2)
years of the reinstatement request; and
(d) Not have been previously used to
satisfy Kentucky license renewal or reinstatement requirements.
(3) When submitting an
application, an applicant who[An individual who at the time of
submitting an application] is actively licensed in another state
that maintains a continuing education requirement shall satisfy all of the
requirements of this section, except for the continuing
education hours required by subsection (2) of this section.
Section 4. (1) If a license was revoked
for reasons other than failure to satisfy the continuing professional education
requirements, it may be considered for reinstatement if the applicant for
reinstatement submits to the board, fifteen (15) days
prior to the next scheduled meeting,[: (a)] a
letter:
(a)[1.]
Requesting reinstatement;
(b)[2.]
Specifying the manner in which the applicant for reinstatement has complied
with the terms of a disciplinary order of the board; and
(c) Stating[3. A
statement of] the reasons[the board] for the
reinstatement request.
(2)(a) Except as provided in paragraph
(b) of this subsection, the board shall:
1. Review the request for reinstatement,
the findings of fact, conclusions of law, and board order;
2. Affirm or deny the request; and
3. If denied, state in writing the
corrective or remedial education, training, or review
required before reinstatement shall be granted.
(b) The board shall not consider a
request for reinstatement submitted to the board:
1. Prior to the date for
resubmission that is specified in the disciplinary order of the board; or
2. If the CPA or CPA firm in a
disciplinary order waived the ability to seek reinstatement.
(3)(a) If an applicant for reinstatement
disagrees with the board's determination under this section, he or she may file
a written request for a hearing before the board.
(b) A hearing held pursuant to the
provisions of this subsection shall be conducted in accordance with KRS 325.360
and 201 KAR 1:150.
Section 5. Incorporation by Reference.
(1) "[Reinstatement]License Reinstatement Application",
August 2015[January 2011], is incorporated by reference.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the State Board of
Accountancy, 332 W. Broadway, Suite 310, Louisville, Kentucky 40202, Monday
through Friday,[between] 8 a.m. to 4:30 p.m.
KEVIN DOYLE, CPA, President
APPROVED BY AGENCY:
August 12, 2015
FILED WITH LRC:
August 13, 2015 at 10 a.m.
CONTACT PERSON:
Richard C. Carroll, Executive Director, Kentucky State Board of Accountancy,
332 W. Broadway, Suite 310, Louisville, Kentucky 40202, phone (502) 595-3037, fax
(502) 595-4281.