Chapter 750 Oregon Laws 1999

Session Law

AN ACT

SB 156

Relating to fees paid to State Board of Accountancy; creating new provisions; and amending ORS 673.060, 673.080, 673.090, 673.100, 673.130 and 673.150.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 673.060 is amended to read:

673.060. (1) An applicant for a certificate of certified public accountant shall have successfully passed written examinations in knowledge of accounting, auditing and such other related subjects as the State Board of Accountancy determines to be appropriate, and an applicant shall either:

(a) Have had two years' public accounting experience or the equivalent thereof satisfactory to the board under its rules; or

(b) Have had one year of public accounting experience or the equivalent thereof satisfactory to the board under its rules and have completed one year of college or university courses in accounting or related subjects beyond the baccalaureate degree or the equivalent thereof satisfactory to the board under its rules.

(2) An applicant for a certificate of certified public accountant must make application on a form provided by the board. The board shall charge each applicant a fee for application not to exceed [$100] $150, as determined by the board.

(3) Examinations provided for in this section shall be held by the board and shall take place as often as may be necessary in the opinion of the board, but not less frequently than semiannually. The board may contract with any organization, governmental or private, for examination material and services. The board may also enter an agreement with the licensing authority of any other state for examination services such as monitoring examinations of applicants temporarily absent from this state. All examination papers shall be preserved for a period of at least three months after the notification of grading. Any failed candidate, upon written request to the board, shall have access to the candidate's papers. The board may prescribe a fee not to exceed $400 for the inspection of examination papers.

(4) The board by rule may prescribe the terms and conditions under which a candidate who successfully completes an examination in at least two subjects shall have the right to be reexamined in the remaining subjects only, at subsequent examinations held by the board. If the candidate passes in the remaining subjects within a period of time specified in the rules of the board, the candidate shall be considered to have passed the examination.

(5) The board shall charge each candidate a fee not to exceed $150, as determined by the board for each examination provided for in ORS 673.010 to 673.455, which shall be payable by the applicant at the time of making application. When an applicant has passed in two or more subjects, reexamination of the remaining subjects shall be given the same applicant for a fee not to exceed $50 as determined by the board for each subject.

SECTION 2. ORS 673.080 is amended to read:

673.080. (1) The State Board of Accountancy may in its discretion waive the examination requirements and issue a certificate as "certified public accountant" to any person who:

(a) Possesses the other qualifications mentioned in ORS 673.050 or the equivalent as established by the board;

(b) Holds a comparable certificate of certified public accountant issued under the laws of any state entitling the person to practice as a certified public accountant in the state, or who holds a comparable certificate or degree issued in a foreign country entitling the person to practice as a certified public accountant in the country; and

(2) Any person who has filed an application under the provisions of this section for a certificate as certified public accountant may, with the knowledge and approval of the board, engage in the practice of public accounting in this state as a certified public accountant until such time as the application for a certificate is granted or rejected.

SECTION 3. ORS 673.090 is amended to read:

673.090. (1) Two or more certified public accountants may apply to the State Board of Accountancy for registration as a partnership of certified public accountants if the following requirements are met:

(a) At least one general partner must hold a certificate of certified public accountant issued under ORS 673.040 to 673.080 and a permit that is issued under ORS 673.150 and is not revoked, suspended or lapsed.

(b) Each partner personally engaged within this state in the practice of public accounting as a member in the partnership must hold a certificate of certified public accountant issued under ORS 673.040 to 673.080 and a permit that is issued under ORS 673.150 and is not revoked, suspended or lapsed.

(d) Each manager of an office of the firm in this state must hold a certificate of certified public accountant issued under ORS 673.040 to 673.080 and a permit that is issued under ORS 673.150 and is not revoked, suspended or lapsed.

(2) Application for registration as a partnership of certified public accountants must be made on a form provided by the board. The board shall charge a fee to register as a partnership of certified public accountants in an amount not to exceed [$50] $100 as determined by the board. An application must be made upon the affidavit of a general partner of the partnership who is a holder of the certificate of certified public accountant issued under ORS 673.040 to 673.080, or has applied for a certificate as a certified public accountant under ORS 673.080. The board shall in each case determine whether the applicant is eligible for registration. The board shall register a partnership that satisfies the requirements of this section.

(3) ORS 673.095 governs renewal of a registration under this section.

(4) A partnership that holds a current and valid registration may use the words "certified public accountants" or the abbreviation "C.P.A.'s" in connection with its partnership name.

(5) A partnership shall notify the board not later than the 30th day after the happening of either of the following events:

(a) When a partner who holds a certificate of certified public accountant issued under ORS 673.040 to 673.080 and a permit that is issued under ORS 673.150 and is not revoked, suspended or lapsed, is admitted to or withdraws from the partnership.

(b) When there is any change of manager in charge of an office of the firm in this state.

(6) Any registration of a partnership under this section granted in reliance upon the provisions of ORS 673.080 shall terminate forthwith if the board rejects the application of the general partner who signed the application for registration as a partnership, or of any partner personally engaged in the practice of public accounting in this state, or of any manager of the partnership in charge of an office in this state.

SECTION 4. ORS 673.100 is amended to read:

673.100. (1) The State Board of Accountancy shall issue a license as a public accountant to a person who applies for the license and who:

(a) Passes a written examination on the code of professional ethics adopted by the board;

(b) Meets the requirements of ORS 673.050 for admission to the examination for the certificate of certified public accountant;

(c) Takes the examination for the certificate of certified public accountant pursuant to ORS 673.060 and receives passing grades in the two parts of the examination that include auditing and knowledge of accounting; and

(d) Has one year of public accounting experience, including auditing, or the equivalent satisfactory to the board.

(2) An applicant for a license as a public accountant must make application on a form provided by the board. The board shall charge each applicant a fee for application in an amount not to exceed [$100] $150, as determined by the board.

SECTION 5. ORS 673.130 is amended to read:

673.130. (1) Two or more public accountants may apply to the State Board of Accountancy for registration as a partnership of public accountants if the following requirements are met:

(a) At least one general partner must hold either a certificate of certified public accountant issued under ORS 673.040 to 673.080 or a license as public accountant issued under ORS 673.100, and a permit that is issued under ORS 673.150 and is not revoked, suspended or lapsed.

(b) Each partner in the partnership must hold either a certificate of certified public accountant issued under ORS 673.040 to 673.080 or a license as public accountant issued under ORS 673.100, and a permit that is issued under ORS 673.150 and is not revoked, suspended or lapsed.

(2) Application for registration as a partnership of public accountants must be made on a form provided by the board. The board shall charge a fee to register as a partnership of public accountants in an amount not to exceed [$50] $100 as determined by the board. An application must be made upon the affidavit of a general partner of the partnership who holds a certificate to practice in this state as a certified public accountant or a license to practice in this state as a public accountant. The board shall in each case determine whether the applicant is eligible for registration. The board shall register a partnership that satisfies the requirements of this section.

(3) ORS 673.095 governs renewal of a registration under this section.

(4) A partnership that holds a current and valid registration may use the words "public accountants" in connection with its partnership name.

(5) A partnership shall notify the board not later than the 30th day after the happening of either of the following events:

(a) When a partner is admitted to or withdraws from the partnership.

(b) When there is any change of manager in charge of an office of the firm in this state.

SECTION 6. ORS 673.150 is amended to read:

673.150. (1) Permits to engage in the practice of public accounting in this state shall be issued by the State Board of Accountancy biennially to holders of the certificate of certified public accountant issued under ORS 673.040 to 673.080 and to public accountants.

(2) The board by rule shall cause all permits issued under this section to be renewed biennially. When a permit is issued for the first time, the board shall require the permit holder to renew the permit only when a full permit period has elapsed.

(3) Applications for permits or for renewals of permits may be submitted to the board on a form prescribed by the board at any time prior to the commencement of the license period. Applications for permits or for renewals of permits shall be accompanied by a fee of not more than [$100] $150 as determined by the board.

(4) Applications for renewals of permits shall be accompanied by evidence satisfactory to the board that the applicant has complied with continuing education requirements under ORS 673.165 unless those requirements have been waived.

(5) Applications for renewals of permits shall be accompanied by evidence satisfactory to the board that the applicant, either individually or as an employee or a member of a partnership registered under ORS 673.090 or 673.130, has complied with the quality review requirements described in ORS 673.455.

(6) A permit that is not renewed by the close of the permit period may be restored upon payment to the board of a delinquent renewal fee, not to exceed $50, as determined by the board. Any permit that is not renewed within 60 days after the close of the permit period for which it was issued or renewed shall lapse. The board may restore a lapsed permit upon payment to it of all past unpaid renewal fees and the delinquent renewal fee. However, the board may restore a permit issued or renewed for a permit period that ended more than five years prior to the date of the application for restoration only upon demonstration satisfactory to the board that the applicant is qualified to engage in the practice of public accounting.

(7) Notwithstanding subsection (3) of this section, the board may prescribe a reduced fee for renewal of permits of those certified public accountants and public accountants who have reached the age of 65 years.

SECTION 7. If Senate Bill 1049 becomes law, sections 1 to 6 of this 1999 Act (amending ORS 673.060, 673.080, 673.090, 673.100, 673.130 and 673.150) are repealed.

Approved by the Governor July 19, 1999

Filed in the office of Secretary of State July 19, 1999

Effective date October 23, 1999

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