Rosemary McCool
Director / State Board of Accountancy
Ofelia Duran
Program Director
Bill Ritter, Jr.
Governor
Barbara J. Kelley
Executive
Director
NOTICE OF RULEMAKING HEARING
Pursuant to Section 24-4-103(3)(a) of the Colorado Revised Statutes, you are hereby advised that the Colorado Board of Accountancy will be holding a public rulemaking hearing on September, 3, 2010, commencing at 8:00 a.m. at 1560 Broadway, Suite 1250 C, Denver, Colorado, for the purpose of repealing the Board’s existing rules in their entirety and adopting the following rules:
Chapter 1 Board Organization and Administration
Chapter 2 Education Requirements for Examination and Certification
Chapter 3 Examination Requirement for Certification
Chapter 4 Experience Requirement for Certification
Chapter 5 Certification by Reciprocity
Chapter 6 Certificate Status and Maintenance
Chapter 7 Continuing Professional Education (CPE)
Chapter 8 Peer Review Requirement
Chapter 9 Rules of Professional Conduct
Chapter 10 Declaratory Orders
Chapter 11 Substantial Equivalency
A copy of the proposed rules and a statement of statutory authority, basis, and purpose are attached. Please be advised that these rules may be changed after public comment and formal hearing. The rules will be effective October 30, 2010.
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NOTICE OF RULEMAKING HEARING
At the time and place stated in this notice, the Colorado Board of Accountancy will afford interested parties an opportunity to submit written data, views, or arguments, and to submit briefly (3 minutes per item) the same orally if they so desire. It is requested that written testimony be submitted to the Colorado State Board of Accountancy at least ten (10) days prior to the rulemaking hearing. Submissions should be addressed to the attention of Ofelia Duran, Program Director, State Board of Accountancy, 1560 Broadway, Suite 1350, Denver, Colorado 80202. All submissions will be considered.
Dated this 30th day of July, 2010.
BY ORDER OF THE COLORADO STATE BOARD OF ACCOUNTANCY
Ofelia Duran, Program Director
State Board of Accountancy- June 30, 2010 Notice of Rulemaking Hearing
Board Rules - Chapters 1-11
Statement of Basis, Statutory Authority, and Purpose
In 2009, the Office of Policy, Research, and Regulatory Reform, Department of Regulatory Agencies conducted a Sunset Review of the State Board of Accountancy (“Board”) pursuant to Section 24-34-104(8), C.R.S. and issued a report with certain recommendations for statutory and administrative changes. One of the recommendations was for the Board to comprehensively review, revise, and repromulgate its rules to increase their clarity. House Bill 10-1236, Colorado Board of Accountancy Sunset Legislation, was signed into law by Governor Ritter on April 21, 2010, effective July 1, 2010. The rules reflect the Board’s review and revision of its existing rules and also address the recent statutory amendments. Section 12-2-104(1)(b), C.R.S. sets forth the Board’s general rulemaking authority. The Board’s specific rulemaking authority is noted below as applicable.
Chapter 1 Board Organization and Administration
These rules set forth definitions and address general administrative matters, including Board meetings, communications with Board members, committees of the Board, notification by licensees of name and address changes, and general information concerning certified public accountant (CPA) certificates.
Chapter 2 Education Requirements for Examination and Certification
These rules set forth the education requirements to be eligible to sit for the Uniform CPA Examination and those required for certification as a CPA. In accordance with the recent amendments to the Accountancy Act, the rules establish the new “150 hour” education requirements for certification beginning July 1, 2015. In addition to its general rulemaking authority, the Board’s relevant authority to promulgate such rules is found in Sections 12-2-109(1)(c), 12-2-109(2)(a)(I), and 12-2-111(4), C.R.S.
Chapter 3 Examination Requirement for Certification
These rules address the administration of the Uniform CPA Examination, including applications, examinee conduct, standards for granting conditional examination credit for examinees that pass one or more but not all sections of the exam. The rules also require applicants with examination scores obtained more than 10 years prior to the date of application to either: (1) complete certain additional education, (2) obtain 3 years of additional experience, or (3) retake the Uniform CPA Examination. In addition to its general rulemaking authority, the Board’s relevant authority to promulgate such rules is found in Section 12-2-111(2), C.R.S.
Chapter 4 Experience Requirement
The recent amendments to the Accountancy Act broadened the acceptable experience for licensure as a CPA by eliminating the independence requirement and allowing experience obtained through employment in government, industry, and academia, in addition to public practice. The purpose of these rules is to establish the specific experience requirements and the requirements for verifying such experience for certification. The rules also establish that acceptable experience must involve the application of certain technical and behavioral standards. In addition to its general rulemaking authority, the Board’s relevant authority to promulgate such rules is found in Sections 12-2-109(1)(a)(II)(A) and 12-2-109(2)(c)(I) and (III), C.R.S.
Chapter 5 Certification by Reciprocity
These rules set forth the requirements for certification by reciprocity for 3 categories of applicants: (1) those holding a CPA certificate from another U.S. licensing jurisdiction; (2) those international applicants who hold a certificate or designation from an organization that has executed a Mutual Recognition Agreement (MRA) with the American Institute of Certified Public Accountants (AICPA) and the National Association of State Boards of Accountancy (NASBA); and (3) those international applicants who obtained their education outside the United States or its territories and who do not hold a license or designation from an international organization that has executed an MRA. In addition to its general rulemaking authority, the Board’s relevant authority to promulgate such rules is found in Section 12-2-113, C.R.S.
Chapter 6 Certificate Status and Maintenance
These rules establish the requirements to renew, reactivate or reinstate a CPA certificate, including the applicable continuing professional education and experience requirements. The rules eliminate the previous restriction on earned compensation for CPAs with certificates in retired status. Depending on the length of time a reinstatement applicant’s certificate has been expired, certain applicants may now apply for reinstatement to either inactive or active status. In addition to its general rulemaking authority, the Board’s relevant authority to promulgate such rules is found in Sections 12-2-115.5 and 12-2-119(5), C.R.S.
Chapter 7 Continuing Professional Education (CPE)
These rules adopt the Joint AICPA/NASBA Standards for Continuing Professional Education and the NASBA Fields of Study. These rules address hardship exceptions, CPE audits by the Board to determine compliance, and procedures following a certificate holder’s failure to comply with CPE requirements. In addition to its general rulemaking authority, the Board’s relevant authority to promulgate such rules is found in Sections 12-2-119(5) and 12-2-119(6), C.R.S.
Chapter 8 Peer Review
The recent amendments to the Accountancy Act require CPAs and CPA firms that issue attest or compilation reports to undergo peer review in accordance with rules promulgated by the Board. These rules adopt the AICPA Standards for Performing and Reporting on Peer Reviews and require peer reviews to be performed by an organization approved by the AICPA Peer Review Board of the Board. The peer review rules are effective for CPA firms and CPAs upon renewal of firm registrations and CPA certificates in 2014. In addition to its general rulemaking authority, the Board’s relevant authority to promulgate such rules is found in Sections 12-2-117(3.7) and 12-2-108(7), C.R.S.
Chapter 9 Rules of Professional Conduct
To the extent not otherwise inconsistent with the rules, these rules adopt the AICPA Code of Professional Conduct. In addition to its general rulemaking authority, the Board’s relevant authority to promulgate such rules is found in Sections 12-2-104(1)(c), C.R.S.
Chapter 10 Declaratory Orders
These rules set forth the procedures for obtaining declaratory orders from the Board to terminate controversies or to remove uncertainties as to the applicability of any statutory provision, rule, or order of the Board, pursuant to Section 24-4-105(11), C.R.S.
Chapter 11 Substantial Equivalency
These rules address mobility and establish the requirements for substantial equivalency in order to recognize the ability of CPAs and CPA firms licensed by jurisdictions outside Colorado to practice in Colorado without obtaining a Colorado certificate or registration. In addition to its general rulemaking authority, the Board’s relevant authority to promulgate such rules is found in Sections