201 KAR 1:140. Procedures for the reinstatement or reissuance of a CPA license

Link to law: http://www.lrc.ky.gov/kar/201/001/140reg.htm
Published: 2015

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.
Read Entire Law on www.lrc.ky.gov