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Rule Changes

    
The Oregon Board of Accountancy has submitted two proposed rule changes to become effective February 1, 2014.  Below are the links to the proposed amendments.

 

Proposed Rule Notice - Chapter 801 Division_001  

Proposed Rule_Notice - Chapter 801 Division 010

 

For a complete set of the current rules please click on the following link: Administrative Rules

 
History of Disciplinary Outcomes
The Board of Accountancy's mission is to protect the public by regulating the practice and performance of services provided by licensed accountants.    The effective investigation and resolution of complaints is an essential element of the Board's desire to fulfill its mission.  Accordingly, the Board both seeks and welcomes the active participation, by affected licensees, in negotiating the appropriate final outcomes of disciplinary action. 

For a summary of discipinary action taken from January 2011 to present, please click here.  Information prior to January 2011 can be found by reviewing past Board newsletters.
 
Contact the Boards Compliance Department for information about disciplinary history of a licensed accountant or public accounting firm.  Disciplinary actions are a matter of public record and copies of the Stipulation and Order are available by submitting a written request to the Board.
 
Phone Number:  503-378-4181
FAX number:  503-378-3575
 
Senate Bill 867 - Mobility Bill
The 2009 Oregon Legislature passed SB 867 on June 24, 2009. Please click SB 867 to view the bill.
 
Highlights of 2009 Oregon Mobility Legislation
Eliminates requirement for an out of state individuallicensee to register with Board if the licensee:
  • Is licensed in a state whose requirements for licensure are “substantially equivalent’ to Oregon
    • 150 hours of college education
    • Passing grade on CPA exam
    • Minimum one year of experience
 OR
  • Is licensed from a state whose requirements are not substantially equivalent, but who possesses the requirements stated above.

FIRMS LOCATED OUTSIDE OREGON REGISTRATION REQUIREMENTS
 
Out of State firms are NOT required to register with Oregon if:
  • Only performing compilation or review work for Oregon clients (Engagements subject to SSARS)

Out of state firms MUST register with Oregon if:
  • The firm is preforming audit or attest work for Oregon clients (Engagements under other standards such as SAS, SSAE and PCAOB)
 
In addition, the Audit manager (person who will sign audit report) must be substantially equivalent as an individual licensee (see above requirements. 
 
AICPA Independence Rule 101 & Intrepretations
The Board of Accountancy adopted AICPA Independence Rule 101 and interpretations of Rule 101, effective January 1, 2005.  Oregon Administrative Rule, 801-030-0005  states: 
 
The Board adopts the Independence Rule established by the AICPA, ET Section Rule 101 Independence, together with the interpretations and rulings of such rule issued by the AICPA.  Licensees who perform services that are subject to independence standards promulgated by other regulatory or professional standard setting bodies, agencies and organizations, including but not limited to the Securities and Exchange Commission, the General Accounting Office, the Oregon Secretary of State, Division of Audits and the US Department of Labor, must also comply with those standards applicable to the services provided. 
 
Licensees should refer to AICPA Interpretations of Rule 101 regarding independence questions.  The interpretations are on the  AICPA website:  http://aicpa.org/about/code/sec100.htm 
 
Board Communications

There are various occasions when Licensees are required to communicate with the Board of Accountancy or to respond to a communication from the Board. The Board of Accountancy is authorized to assess a civil penalty of up to $5,000 for each violation of the Oregon Administrative Rules or Statutes. The Board does not impose the same penalty for every type of Board communication; rather the penalty may differ depending upon the rule that is in violation.  Licensees should be aware of the following requirements and the civil penalties associated with each requirement. 
 
OAR 801-030-0020(7) requires licensees to respond to any Board communication within 21 days of the date of the correspondence. Board communications that are subject to this requirement always include a statement that response is required within 21 days. The licensee´s response may be a letter requesting additional time and stating reasonable justification for the request. However, such requests should be submitted promptly; if additional time is not approved, the response is still due within 21 days of the original communication from the Board. The Board may allow additional time if the reason for the request is based on circumstances that are outside of the licensee´s control. 
 
If the board communication is notice of a complaint filed against the licensee, the penalty for not responding in a timely manner is $1,000.

The penalty for not responding in a timely manner to other Board communications that include a 21-day response notice is at least $100. 
 
OAR 801-030-0020(9) requires licensees to provide written notice of a change of address within 30 days of such change. This requirement applies to both individual licensees and registered public accounting firms. The civil penalty for failure to provide this notice to the Board is $100.  However there may be more serious consequences. If the licensee does not receive the renewal application (because it is mailed to the last address of record), and therefore does not renew the permit, the permit will lapse.  Licensees who continue to hold out as a CPA or PA, or who perform public accounting services that are restricted to licensees, are subject to additional civil penalties of up to $5,000 for each violation. 
 
For example, every instance of holding out, or every tax return signed is a separate violation. If the licensee does not receive notice of the civil penalty (because the Board of Accountancy does not have a valid address for mailing), the Order will become final by default and the penalty is due and payable within 10 days. If the penalty is not paid, the permit will be suspended. Licensees who continue to hold out or to perform public accounting services while a permit is suspended risk revocation.
 
ORS 673.160 and OAR 801-010-0345 state the requirements for firm registrations and renewals. The renewal form includes a box to be checked by the licensee if the firm wishes to be terminated when registration as a public accounting firm is no longer required. Renewal applications requesting termination of the firm should also be returned to the Board. Renewal applications that are received after December 31 of the renewal period that is expiring are subject to a late fee. Renewal applications that are received after January 31 of the new renewal period are subject to a $500 penalty for failure to renew. 
 
OAR 801-040-0070 requires licensees to document CPE hours reported on the licensee´s last renewal form at the Board´s request. The Board conducts an audit of CPE reports after each renewal period. Licensees who do not respond to a CPE audit request letter within 21 days are subject to a $250 civil penalty.

 
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