reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-5 - CONTINUING PROFESSIONAL EDUCATION › Section 30-X-5-.02 - Hours Required

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Each person to whom the continuing professional education requirement applies
			 must complete forty (40) hours of acceptable continuing professional education
			 each fiscal year ending September 30.
(a) At
			 least eight of the forty hours reported must be obtained in the subject of
			 accounting and auditing. Computer software and applications courses dealing
			 with the general use of software will not qualify for accounting and auditing
			 CPE; although, software courses that focus on the application of the software
			 in accounting or audit will qualify as accounting and auditing CPE.
(b) At least 2 hours must be earned in a
			 qualifying ethics course.
(c) The
			 Board will accept a maximum of twelve hours of the forty in personal
			 development courses. CPE classified as personal development center on workplace
			 behaviors, including but not limited to time management, leadership, team
			 building, goal setting, and other soft skills related to working in an office
			 or professional setting.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-5 - CONTINUING PROFESSIONAL EDUCATION › Section 30-X-5-.04 - Programs Which Qualify

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The overriding consideration in
			 determining whether a specific program qualifies as acceptable continuing
			 professional education CPE is that it be a formal program of learning which
			 contributes directly to the professional competence of a person who is required
			 by Section
			 30-X-5-.01 to meet the Board's CPE
			 requirements. It is left up to each individual to determine the course of study
			 to be pursued, provided that the course of study meets all applicable CPE
			 requirements. For example, the individual in public practice may study
			 accounting and auditing, tax, or other topics concerning their practice;
			 individuals in government may study government related topics; and individuals
			 in business or industry may study topics related directly to their specific
			 business or industry.
(2)
			 Continuing professional education programs requiring class or meeting
			 attendance must be conducted by persons approved by the Board whose background,
			 training, education and experience qualify them as appropriate instructors,
			 discussion leaders or lecturers on the subject matter of the particular
			 programs.
(3) Subject to the
			 condition that the subject matter meets the definition in Rule
			 30-X-5-.04(l),
			 the following group study programs will qualify:
(a) Professional development programs of
			 recognized national and state accounting organizations.
(b) Educational portions of technical
			 sessions at meetings of recognized national and state accounting organizations
			 and their chapters. Portions of each meeting devoted to administrative and
			 other organizational matters cannot be included.
(c) Participation and work on a technical
			 committee of an international, national or state professional association,
			 council or member organization or a governmental entity that supports
			 professional services or industries that require unique and specific knowledge
			 in technical fields of study. Portions of each meeting devoted to
			 administrative and other organizational matters cannot be included.
(d) University or college credit courses.
			 Each semester hour credit shall equal fifteen hours toward the requirement.
			 Each quarter hour credit shall equal ten hours.
(e) University or college noncredit courses.
			 Each classroom hour will equal one qualifying hour.
(f) Formal organized in-firm and inter-firm
			 education programs. Portions of each meeting devoted to administrative and firm
			 matters cannot be included.
(g)
			 Programs in other recognized organizations (accounting, industrial,
			 professional, etc.) with attendees who are required by Section
			 30-X-5-.01 to complete
			 CPE.
(h) Group internet-based
			 education programs (live webinars) that provide for real-time interaction with
			 the instructor.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-5 - CONTINUING PROFESSIONAL EDUCATION › Section 30-X-5-.05 - Controls And Reporting

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Annual permits to practice expire on the
			 last day of September of each year. Applications and fees for renewal of annual
			 permits shall be submitted to the Board no later than the last day of December
			 of each year. Each licensee applying for renewal of an annual permit to
			 practice public accounting must submit a signed statement to the Board, under
			 penalty of perjury, that all applicable continuing professional education (CPE)
			 requirements have been met and must disclose at a minimum the following
			 information pertaining to each educational program submitted for the purpose of
			 meeting the CPE requirements:
(a) Sponsoring
			 organization.
(b) Delivery
			 method.
(c) Course field of
			 study.
(d) Title of
			 course.
(e) Dates of attendance or
			 completion.
(f) Number of CPE
			 hours.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-5 - CONTINUING PROFESSIONAL EDUCATION › Section 30-X-5-.06 - Annual Permits To Practice And Experience

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Permits to engage in the practice of
			 public accounting shall be issued by the Board to a holder of a certified
			 public accountant certificate issued under the laws of this state to a person
			 who shall have furnished evidence satisfactory to the Board of one year of
			 experience in public accounting, or its equivalent as defined in (2) below. For
			 the purposes of this section public accounting shall mean full-time employment
			 by a public accounting firm as a staff accountant and supervised by a
			 practicing certified public accountant or registered public accountant holding
			 a valid permit to practice in this or any other state. In addition, experience
			 as a registered public accountant shall qualify as public accounting
			 experience.
(2) The following shall
			 be deemed the equivalent of one year of experience in public accounting: Two
			 years' full-time employment in the accounting field in industry, business,
			 government or college teaching; or any combination of the above; or any
			 combination of the above and experience in public accounting. Such experience
			 in industry, business, government or college teaching must be properly
			 supervised, have sufficient quality and depth, and meet one of the following
			 criteria for the duration of that qualifying experience:
(a) For qualifying experience in industry or
			 business, the candidate must have been employed by a person or entity in the
			 performance of duties primarily involving the use of financial accounting and
			 auditing skills; the installation of internal control systems; the use of
			 management advisory, financial advisory, or consulting skills; or compliance
			 with accounting aspects of tax or regulatory laws.
(b) For qualifying experience in government,
			 the candidate must have been employed by a government agency recognized by the
			 Board as having the responsibility and organizational structure for performing
			 auditing and accounting functions.
(c) For qualifying teaching experience, the
			 candidate must have taught courses primarily in the accounting discipline for
			 academic credit at a college or university accredited by the Southern
			 Association of Colleges and Schools or its regional equivalent.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-6 - RULES OF PROFESSIONAL CONDUCT › Section 30-X-6-.01 - Applicability

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All holders of
			 CPA certificates issued by the Alabama State Board of Public Accountancy and
			 all public accountants registered under provisions of the Public Accountancy
			 Act who are engaged in the practice of public accounting shall observe and
			 comply with all of the following rules of professional conduct adopted by the
			 Board. Certificate holders and registered Public Accountants not engaged in the
			 practice of public accounting must observe only Rules 30-X-6-.01(4),
			 30-X-6-.05(1) and
			 30-X-6-.05(2),
			 since all other rules of conduct relate solely to the practice of public
			 accounting. Failure to observe and comply with the applicable rules will
			 subject any Certified Public Accountant or Registered Public Accountant to
			 disciplinary action authorized by Section
			 34-1-12,
			 Code of Ala. 1975, of the Public Accountancy Act of 1973.
(2) The rules of professional conduct which
			 follow apply to all services performed in the practice of public accountancy
			 including tax and management advisory services except (a) where the wording of
			 the rule indicates otherwise and (b) that a registrant who is practicing
			 outside the United States will not be subject to discipline for departing from
			 any of the rules stated herein so long as his conduct is in accord with the
			 rules of the organized accounting profession in the country in which he is
			 practicing. However, where a registrant's name is associated with financial
			 statements in such a manner as to imply that he is acting as an independent
			 public accountant and under circumstances that would entitle the reader to
			 assume that United States practices were followed, he must comply with Rules
			 30-X-6-.03(2) and
			 30-X-6-.03(3).
(3) A registrant may be held responsible for
			 compliance with the rules of professional conduct by all persons associated
			 with him in the practice of public accounting who are either under his
			 supervision or are his partners or shareholders in the practice.
(4) A Certified Public Accountant or Public
			 Accountant shall not permit others to carry out on his behalf, either with or
			 without compensation, acts which, if carried out by the Certified Public
			 Accountant or Public Accountant would place him in violation of the rules of
			 professional conduct.
Author:
Alabama Board of Public
				  Accountancy
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-1-1,
et seq
.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-6 - RULES OF PROFESSIONAL CONDUCT › Section 30-X-6-.02 - Independence, Integrity And Objectivity

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Independence. A registrant or a firm of
			 which he is a partner or shareholder shall not express an opinion on financial
			 statements of an enterprise unless he and his firm are independent with respect
			 to such enterprise. Independence will be considered to be impaired if, for
			 example:
(a) During the period of his
			 professional engagement, or at the time of expressing his opinion, he or his
			 firm
1. had or was committed to acquire any
			 direct or material indirect financial interest in the enterprise; or
2. was a trustee of any trust or executor or
			 administrator of any estate if such trust or estate had or was committed to
			 acquire any direct or material indirect financial interest in the enterprise;
			 or
3. had any joint closely held
			 business investment with the enterprise or any officer, director, or principal
			 stockholder thereof which was material in relation to his or his firm's net
			 worth; or
4. had any loan to or
			 from the enterprise or any officer, director or principal stockholder thereof.
			 This latter proscription does not apply to the following loans from a financial
			 institution when made under normal lending procedures, terms and requirements:
(i) Loans obtained by him or his firm which
			 are not material in relation to the new worth of such borrower.
(ii) Home mortgages.
(iii) Other secured loans, except loans
			 guaranteed by his firm which are otherwise unsecured.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-6 - RULES OF PROFESSIONAL CONDUCT › Section 30-X-6-.03 - Competence And Technical Standards

Current through Register Vol. 42, No. 9, June 28, 2024
(1) General Standards. A registrant shall
			 comply with the following general standards as interpreted by bodies designated
			 by Council of the American Institute of Certified Public Accountants and must
			 justify any departures therefrom.
(a)
			 Professional Competence. He shall undertake only those engagements which he or
			 his firm can reasonably expect to complete with professional
			 competence.
(b) Due Professional
			 Care. He shall exercise due professional care in the performance of an
			 engagement.
(c) Planning and
			 Supervision. He shall adequately plan and supervise an engagement.
(d) Sufficient Relevant Data. He shall obtain
			 sufficient relevant data to afford a reasonable basis for conclusions or
			 recommendations in relation to an engagement.
(e) Forecasts. He shall not permit his name
			 to be used in conjunction with any forecast of future transactions in a manner
			 which may lead to the belief that he vouches for the achievability of the
			 forecast.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-6 - RULES OF PROFESSIONAL CONDUCT › Section 30-X-6-.04 - Responsibilities To Clients

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Confidential Client Information
. A registrant shall
			 not disclose any confidential information obtained in the course of a
			 professional engagement except with the consent of the client.
(a) This rule shall not be construed
1. to relieve registrant of his obligation
			 under Rules
			 30-X-6-.03(2) and
			 30-X-6-.03(3),
2. to affect in any way his compliance with a
			 validly issued subpoena or summons enforceable by order of a court,
3. to prohibit review of a practitioner's
			 professional practices as a part of voluntary quality review, or,
4. to preclude him from responding to any
			 inquiry made by the ethics division or Trial Board of the American Institute of
			 CPAs, by a duly constituted investigative or disciplinary body of a State CPA
			 Society or PA Association, or under State statutes.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-6 - RULES OF PROFESSIONAL CONDUCT › Section 30-X-6-.05 - Other Responsibilities And Practices

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Conduct in
			 General
. A Certified Public Accountant or Public Accountant shall
			 conduct himself in a manner which will contribute to the honor and dignity of
			 the State and the profession and shall not at any time commit an act or engage
			 in any conduct discreditable to the public accounting profession.
(2)
Disbarment by Treasury,
			 Agencies, or Boards
. A Certified Public Accountant or a Public
			 Accountant shall conduct himself in a manner which will not cause him to be
			 suspended or disbarred from practice before the Treasury Department or other
			 federal agency, or have his CPA certificate issued by any other state or
			 territory revoked or suspended. Such disbarment, revocation or suspension shall
			 automatically raise the question of unprofessional conduct.
(3)
Advertising and Other Forms
			 of Solicitation
. A registrant shall not seek to obtain clients by
			 advertising or other forms of solicitation in a manner that is false,
			 misleading, or deceptive.
(4)
Commissions
.
(a)
Prohibited Commissions
. A member in public practice
			 shall not for a commission recommend or refer to a client any product or
			 service, or for a commission recommend or refer any product or service to be
			 supplied by a client, or receive a commission, when the member or the member's
			 firm also performs for that client
1. an audit
			 or review of a financial statement; or
2. a compilation of a financial statement
			 when the member expects, or reasonably might expect, that a third party will
			 use the financial statement and that member's compilation report does not
			 disclose a lack of independence; or
3. an examination of prospective financial
			 information.
This prohibition applies during the period in which the member
				is engaged to perform any of the services listed above the period covered by
				any historical financial statements involved in such listed
				services.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-7 - PROCEDURE FOR ENFORCEMENT › Section 30-X-7-.01 - Initiation Of Proceedings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board may initiate such action as it
			 deems appropriate to investigate and determine certificate holders', permit
			 holders' and registered Public Accountants' compliance with the provisions of
			 the Act or the Board's regulations.
(2) Unless the Board initiates proceedings on
			 its own motion, it shall take action only upon receipt of a complaint made in
			 writing, stating in detail the activities that the party complained of is
			 alleged to have engaged in, and presenting the evidence of when, where and how
			 a violation occurred. The complaint shall be filed with the Executive
			 Director.
(3) Any person submitting
			 a complaint may be required to support it by personal appearance before the
			 Board.
(4) In the event the charges
			 brought are not sustained and the accused is declared not guilty by the Board,
			 the complainant shall be assessed all costs in connection with the hearing of
			 the complaint, and as an evidence of good faith the Board, in its discretion,
			 may require the complainant to deposit with the Board at the time of filing of
			 the complaint a certified check in the sum of $100.00 payable to the Alabama
			 State Board of Public Accountancy.
Author:
Alabama Board of Public
				  Accountancy
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-1-1,
et
seq
.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-7 - PROCEDURE FOR ENFORCEMENT › Section 30-X-7-.02 - Complaint Procedure

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 In the event a complaint is filed against a certificate holder, permit holder
			 or a registered Public Accountant (licensee) or the Board determines from other
			 information that an investigation is necessary, the procedure for investigation
			 or complaint shall be as follows:
(a) An
			 investigative committee consisting of a Board member, the Executive Director,
			 and/or a consultant shall investigate said information or complaint to
			 determine whether there is probable cause for disciplinary proceedings. If the
			 complaint or information is received by the Executive Director or someone other
			 than a Board member, the Board member on the investigative committee shall be
			 the Board member whose office is closest to the place of business of the
			 licensee who is being investigated or the Board member possessing a specific
			 technical ability related to the complaint. If the complaint or information is
			 received by a Board member, that Board member automatically will become a
			 member of the investigative committee. The Board member who participates on the
			 investigative committee shall not participate in any disciplinary proceedings
			 arising from the investigation.
(b)
			 The investigative committee may exercise subpoena power in investigating any
			 complaint or information obtained regarding a licensee.
(c) The investigative committee may enter
			 into informal settlements with the licensee they are investigating provided
			 said settlement is ratified by the Board.
(d) At the end of the investigation, the
			 investigative committee shall make a recommendation to the Board as to whether
			 probable cause exists for the Board to issue a summons and complaint and
			 initiate a formal disciplinary proceeding. If the investigative committee
			 determines at this time that no probable cause exists, the proceedings will
			 terminate at that point.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-7 - PROCEDURE FOR ENFORCEMENT › Section 30-X-7-.03 - Informal Settlement

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 No action shall be taken to effect an informal settlement of a controversy,
			 either prior to or during a contested case proceeding, without formal approval
			 by the Board of such action.
(2)
			 Informal settlement negotiations may be initiated by either party to the
			 controversy but neither party is obligated to utilize the informal
			 procedures.
(3) If the Board
			 approves participation in an informal settlement procedure, it shall negotiate
			 a settlement upon terms it believes to be in the best interest of the Board and
			 the public, and if the settlement is effectuated the terms of the settlement
			 shall be incorporated, by reference, in the official minutes of the
			 Board.
Author:
Alabama Board of Public
				  Accountancy
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-1-1,
et
seq
.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-7 - PROCEDURE FOR ENFORCEMENT › Section 30-X-7-.04 - Notice And Hearing

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Initiation and hearings shall be in accordance with the provisions of the
			 Alabama Administrative Procedure Act.
(2) Any Board member who has a possible
			 conflict of interest in any matters resulting in hearings before the Board
			 shall be disqualified from participation in the hearing.
Author:
Alabama Board of Public
				Accountancy
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-1-3,
				  44-22-1.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-7 - PROCEDURE FOR ENFORCEMENT › Section 30-X-7-.05 - Designations Considered To Be Violations

Current through Register Vol. 42, No. 9, June 28, 2024
Without being limited thereto in the interpretation of Section
				15, the following designations are deemed to be violations of the Act:
(a) The term "licensed," "registered,"
			 "enrolled," "bonded," "accredited," or similar terms before the authorized
			 designation of "public accountant."
(b) The term "certified" or similar terms
			 before the words "tax consultant" or similar words used by a tax consultant or
			 tax return preparer.
Author:
Alabama Board of Public
				Accountancy
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-1-1,
et seq
.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-7 - PROCEDURE FOR ENFORCEMENT › Section 30-X-7-.06 - Publicizing Disciplinary Actions

Current through Register Vol. 42, No. 9, June 28, 2024
If the Board deems it to be in the public interest, it may
				publicize disciplinary action taken, in such manner and for such periods as it
				may direct.
Author:
Alabama Board of Public
				Accountancy
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-1-1,
et seq
.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-7 - PROCEDURE FOR ENFORCEMENT › Section 30-X-7-.07 - Ownership Of Client's Records

Current through Register Vol. 42, No. 9, June 28, 2024
(1) When considering complaints filed against
			 licensees for violations of Section 20 of the Act a distinction shall be made
			 in those cases where Certified Public Accountants or Public Accountants are
			 engaged to and do record and keep the regular books of account for a client.
			 Such actual books, whether recorded in formal records or on working papers,
			 shall not be considered to be records or working papers made incident to or in
			 the course of professional service to clients, and, therefore, are considered
			 to be the property of the client.
(2) A licensee shall furnish to a client or
			 former client, upon request and reasonable notice:
(a) A copy of the licensee's working papers,
			 to the extent that such working papers include records that would ordinarily
			 constitute part of the client's records and are not otherwise available to the
			 client.
(b) Any accounting or other
			 records belong to, or obtained from or on behalf of, the client that the
			 licensee removed from the client's premises or received for the client's
			 account; the licensee may make and retain copies of such documents of the
			 client when they form the basis for work done by the licensee.
Author:
Alabama Board of Public
				Accountancy
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-7 - PROCEDURE FOR ENFORCEMENT › Section 30-X-7-.08 - Conduct Discreditable To The Public Accounting Profession

Current through Register Vol. 42, No. 9, June 28, 2024
When considering complaints filed against registrants for
				violating Section 11(k) of the Act or Rule
				30-X-6-.05(1) the phrase "conduct discreditable to the public accounting profession" shall be
				construed in the light of the following broad recognition of
				responsibilities:
(a) The reliance of
			 the public in general and the business community in particular on sound
			 financial reporting and advice on business affairs imposes on the public
			 accounting profession an obligation to maintain high standards of technical
			 competence, morality and integrity. To this end all persons permitted to
			 practice as Certified Public Accountants or Public Accountants under the laws
			 of Alabama shall at all times maintain independence of thought and action, hold
			 clients' affairs in strict confidence, strive continuously to improve the
			 practitioner's skills, observe generally accepted accounting principles and
			 generally accepted auditing standards, promote sound and informative financial
			 reporting, uphold the dignity and honor of the public accounting profession,
			 and maintain high standards of personal conduct.
Author:
Alabama Board of Public
				  Accountancy
Statutory Authority:
Code of Ala.
				  1975
, §
										34-1-3.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-7 - PROCEDURE FOR ENFORCEMENT › Section 30-X-7-.09 - Disciplinary Hearings

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Conduct of Hearing.
(a) Hearing Examiner. The
			 Board may, and in its discretion, appoint some person to act as a hearing
			 examiner at disciplinary hearings. In the event a hearing examiner is
			 appointed, he shall assist the Chairman of the Board in presiding at the
			 disciplinary proceeding and shall assist the Chairman in ruling on all
			 questions of evidence and procedure, notwithstanding any other provisions of
			 these rules to the contrary.
(b)
			 Plea. The respondent shall plead either guilty or not guilty to the charges set
			 forth in the complaint.
(c) Opening
			 statement. Each side shall be permitted to make a short opening
			 statement.
(d) The State shall
			 present its evidence, followed by the respondent, followed by rebuttal by the
			 State. Each witness called may be examined in the following manner:
Direct examination
Cross-examination
Examination by Board
Redirect examination
Recross examination
Reexamination by the Board
(e) Closing argument. Each side shall be
			 permitted to make a short closing statement summarizing the evidence presented
			 urging the application of relevant law to the evidence presented.
(f) The Board may request one or both sides
			 to prepare within seven days for the Board's consideration a proposed order of
			 the Board, including findings of fact, official notice and conclusions of law.
			 The underlying facts of record which support the findings should be
			 cited.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-7 - PROCEDURE FOR ENFORCEMENT › Section 30-X-7-.10 - Safe Harbor Language

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Non-licensees may not use language in any
			 statement relating to the financial affairs of a person or entity, which is
			 conventionally used by licensees in reports on financial statements.
			 Notwithstanding the foregoing, non-licensees may use the following disclaimer
			 language in connection with financial statements to not be in violation of the
			 Act:
(a) "I (We) have prepared the
			 accompanying (financial statements) of (name of entity) as of (time period) for
			 the (period) then ended. This presentation is limited to preparing in the form
			 of financial statements information that is the representation of management
			 (owners).
(b) I (We) have not
			 audited or reviewed the accompanying financial statements and accordingly do
			 not express an opinion or any other form of assurance on them."
Author:
Alabama Board of Public
				Accountancy
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-7 - PROCEDURE FOR ENFORCEMENT › Section 30-X-7-.11 - Communications

Current through Register Vol. 42, No. 9, June 28, 2024
A licensee shall respond in writing to any communication from
				the Board requesting a response, within thirty (30) days of the mailing of such
				communication by registered or certified mail, to the last address furnished to
				the Board by the licensee.
Author:
Alabama Board of Public
				Accountancy
Statutory Authority:
Code of Ala.
				  1975
, §
										34-1-3.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-7 - PROCEDURE FOR ENFORCEMENT › Section 30-X-7-.12 - Internet Practice

Current through Register Vol. 42, No. 9, June 28, 2024
A CPA or PA firm offering or rendering professional services
				via a Web site shall provide in the Web site's homepage, a name, an address,
				and principal state of licensure as a means for regulators and the public to
				contact a responsible licensee in charge at the firm regarding complaints,
				questions, or regulatory compliance.
Author:
Alabama Board of Public
				Accountancy
Statutory Authority:
Code of Ala.
				  1975
, §
										34-1-3.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-7 - PROCEDURE FOR ENFORCEMENT › Section 30-X-7-.13 - Return Of Certificate, Registration Or Permit To Practice

Current through Register Vol. 42, No. 9, June 28, 2024
Any licensee who holds a certificate, registration, or permit
				issued by the Board shall, upon surrender, suspension or revocation, promptly
				return such certificate, registration, or permit to the Board.
Author:
Alabama Board of Public
				Accountancy
Statutory Authority:
Code of Ala.
				  1975
, §
										34-1-3.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-7 - PROCEDURE FOR ENFORCEMENT › Section 30-X-7-.14 - Bad Checks

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 If a bad check or negotiable instrument is dishonored, the writer of the check
			 or instrument shall be required to tender payment of the full amount of such
			 check or instrument plus a service charge of $30.00 as provided by the
Code of Ala. 1975
, Section
			 8-8-15.
(2) If the dishonored check or instrument was
			 tendered for the purpose of sitting for an examination, payment of the full
			 amount of such check or instrument plus a service charge of $30.00 must be paid
			 in full prior to the individual being allowed to take said examination. If the
			 individual has already taken the examination prior to the board office
			 receiving notification of the dishonored check or instrument, the individual's
			 examination results will be held until such time as payment is made in full
			 including the $30.00 service charge.
(3) If the dishonored check or instrument was
			 tendered for the purposes of renewing an individual license/permit or
			 registration or a firm license/permit, the license/permit or registration will
			 be rendered invalid, unless the payment is made in full including the $30.00
			 service charge within 30 days.
(4)
			 If the dishonored check or instrument was tendered for the purposes of applying
			 for licensure or certification, the application will not be processed until
			 such time as payment is made in full including the $30.00 service
			 charge.
Author
: Alabama Board of Public
				  Accountancy
Statutory Authority
:
Code of Ala.
				  1975
, §§
										34-1-3,
				  8-8-15.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-7 - PROCEDURE FOR ENFORCEMENT › Section 30-X-7-.15 - Documentation And Retention

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Licensees shall comply with all
			 professional standards for documentation applicable to particular engagements,
			 including, but not limited to standards adopted by recognized standards setting
			 bodies such as the Public Company Accounting Oversight Board (PCAOB), the
			 Comptroller General of the United States, and the AICPA.
(2) If the applicable standards do not
			 otherwise specify, the retention period for documentation shall be five (5)
			 years and shall be measured from the report date.
(3) If documentation is required to be kept
			 for longer than provided in the applicable standards or Rule 30-X-7-.15(2) because of a pending Board investigation or disciplinary action, documentation
			 shall not be destroyed until the licensee has been notified in writing by the
			 Board of the closure of a Board investigation or disciplinary
			 proceeding.
Author
: Alabama Board of Public
				  Accountancy
Statutory Authority
:
Code of Ala.
				  1975
, §
										34-1-3.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-7 - PROCEDURE FOR ENFORCEMENT › Section 30-X-7-.16 - Reporting Convictions, Judgements, And Administrative Proceeding

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Licensee shall
			 notify the Board, on a form and in the manner prescribed by the Board, within
			 thirty (30) days of:
(a) Receipt of a peer
			 review report or a Public Company Accounting Oversight Board (PCAOB) firm
			 inspection report containing criticisms of or identifying potential defects in
			 the quality control systems.
(b)
			 Receipt of a second consecutive peer review report that is deficient
			 or
(c) Imposition upon the licensee
			 of discipline, including, but not limited to, censure, reprimand, sanction,
			 probation, civil penalty, fine, consent decree or order, suspension,
			 revocation, or modification of a license, certificate, permit or practice
			 rights by:
1. the Securities and Exchange
			 Commission (SEC), PCAOB, Internal Revenue Service (IRS) (actions by the
			 Director of Practice); or
2.
			 another state board of accountancy for any cause other than failure to pay a
			 professional license fee by the due date or failure to meet the continuing
			 professional education requirements of another state board of accountancy;
			 or
3. any other federal or state
			 agency regarding the licensee's conduct while rendering professional services;
			 or
4. any foreign authority or
			 credentialing body that regulates the practice of accountancy.
(d) Occurrence of any matter
			 reportable that must be reported by the licensee to the PCAOB pursuant to
			 Sarbanes-Oxley Section 102(b)(2)(f) and PCAOB Rules and forms adopted pursuant
			 thereto;
(e) Notice of disciplinary
			 charges filed by the SEC, PCAOB, IRS, or another state board of accountancy, or
			 a federal or state taxing, insurance or securities regulatory authority, or
			 foreign authority or credentialing body that regulates the practice of
			 accountancy;
(f) Any judgement,
			 award or settlement of a civil action or arbitration proceeding of $150,000 or
			 more in which the licensee was a party if the matter included allegations of
			 gross negligence, violation of specific standards of practice, fraud, or
			 misappropriation of funds in the practice of accounting; provided, however,
			 licensed firms shall only notify the Board regarding civil judgments,
			 settlements or arbitration awards directly involving the firm's practice of
			 public accounting in this state; or
(g) Criminal charges, deferred prosecution or
			 conviction or plea of no contest to which the licensee is a defendant if the
			 crime is:
1. any felony under the laws of the
			 United States or of any state of the United States or any foreign jurisdiction;
			 or
2. a misdemeanor if an essential
			 element of the offense is dishonesty, deceit, or fraud.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-8 - PEER REVIEW PROGRAM › Section 30-X-8-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
There is hereby established a peer review program, the purpose
				of which is to ensure quality work, to monitor compliance with applicable
				accounting and auditing standards generally recognized in the profession, and
				to facilitate enforcement of State law and Board rules. The program emphasizes
				education and rehabilitation rather than disciplinary action.
Author:
Alabama Board of Public
				Accountancy
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-1-3,
				  34-1-10.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-8 - PEER REVIEW PROGRAM › Section 30-X-8-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
As used in this chapter, the following words or phrases have
				the ascribed meanings:
(a) FY or
			 Fiscal Year. The fiscal year of the State of Alabama, which coincides with this
			 Board's license period, ending September 30 of the denominated year.
(b) Permit. A permit to practice public
			 accountancy issued to a registered public accountant or certified public
			 accountant, or a permit to engage in the practice of public accountancy issued
			 to a practice unit.
(c) Practice
			 Unit. Any firm or entity legally constituted under the laws of the State of
			 Alabama and duly registered with a current permit; and each person certified or
			 registered as a public accountant and holding a current permit who is not a
			 member or employee of any registered firm.
(d) Program. The peer review
			 program.
(e) Peer Review Report.
			 The report prepared by the Reviewer and submitted to the Practice Unit for
			 Fiscal Year during which the review was completed, which report shall include
			 the Reviewer's report, the Reviewer's letter of comment to the Practice Unit,
			 and the Practice Unit's letter of response to the Reviewer.
(f) Reviewer. Any individual who meets
			 standards of the Board and has been designated by the Board as approved to
			 conduct reviews of Practice Units under the Program.
Author:
Alabama Board of Public
				Accountancy
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-1-3,
				  34-1-10.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-8 - PEER REVIEW PROGRAM › Section 30-X-8-.03 - Peer Review Required

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Participation in the Program and
			 compliance with all rules of the Program and administrative guidelines issued
			 pursuant to the Program are required of all Practice Units who perform
			 accounting and auditing engagements for the public, including but not limited
			 to audits, reviews, compilations, forecasts, or projections.
(2) It is the responsibility of each Practice
			 Unit to secure a review of its practice by a Reviewer no less often than every
			 third Fiscal Year.
(3) The Board
			 must be notified each year by the Practice Unit for the subsequent three fiscal
			 year period immediately following the fiscal year during which the review was
			 conducted that a review has been completed.
(4) Each Practice Unit initially shall notify
			 the Board a Peer Review Report has been completed along with its application
			 for renewal of its Permit for either FY 1994, FY 1995 or FY 1996 in accordance
			 with the schedule issued by the Board. Any Practice Unit, which has not
			 obtained its initial Peer Review Report by December 31, 1996, shall not be
			 renewed for FY 1997, and shall otherwise be subject to disciplinary action in
			 accordance with State law and these rules.
(5) Following the initial notification, each
			 Practice Unit shall notify the Board that a Peer Review has been completed by
			 submission of a copy of the System Review Report of Engagement Review Report
			 depending on the level of engagement, and the peer review report acceptance
			 letter from the administering entity along with its application for renewal of
			 its Permit not less than each third Fiscal Year. Any Practice Unit which has
			 not obtained a Peer Review by December 31 following the end of the third fiscal
			 year since its last submission shall not be renewed for the current fiscal
			 year, and shall otherwise be subject to disciplinary action in accordance with
			 State law and these rules.
(6) Any
			 individual permit holder who performs compilation services for the public other
			 than through a CPA or PA firm must notify the Board that a Peer Review has been
			 completed by submission of a copy of the System Review Report of Engagement
			 Review Report depending on the level of engagement, peer review report
			 acceptance letter from the administering entity along with its application for
			 renewal of their Permit not less than each third Fiscal Year. Any such
			 individual permit holder described herein, which has not obtained a Peer Review
			 by December 31 following the end of the third fiscal year since its last
			 submission shall not be renewed for the current fiscal year, and shall
			 otherwise be subject to disciplinary action in accordance with State law and
			 these rules.
Author:
Alabama Board of Public
				  Accountancy
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-1-3,
				  34-1-10.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-8 - PEER REVIEW PROGRAM › Section 30-X-8-.04 - Exemptions And Exceptions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A new Practice Unit as determined by the
			 Board shall secure its initial peer review within eighteen (18) months of
			 issuance of the initial Permit.
(2)
			 A Practice Unit which does not perform any services for the public as set out
			 in
			 30-X-8-.03 of this section is exempt from peer review and shall annually notify the Board
			 as to this status. A Practice Unit which begins providing these services must
			 have a review within eighteen (18) months of the date the services were first
			 provided.
(3) The Board may upon
			 application and for good cause shown grant a hardship extension of time for
			 submission of a Peer Review Report.
Author:
Alabama Board of Public
				Accountancy
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-1-3,
				  34-1-10.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-8 - PEER REVIEW PROGRAM › Section 30-X-8-.05 - Peer Review Reports

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board recognizes and accepts
			 Reviewers approved by, and Peer Reviews administered by the following programs
			 of the American Institute of Certified Public Accountants, Inc.:
(a) Center for Public Company Audit Firms
			 (Center)
(b) Peer Review
			 Program
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-8 - PEER REVIEW PROGRAM › Section 30-X-8-.06 - Review By Board

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may by resolution establish a Peer Review Oversight
				Committee to administer the program and perform other functions as directed by
				the Board. The Board staff and Oversight Committee, if established, may review
				any Peer Review Reports. The Board may take one or more of the following
				actions:
(a) Accept the report as
			 submitted.
(b) The Board may
			 require one or more representatives of the Practice Unit to appear before the
			 Board.
(c) The Board may require
			 the Practice Unit or members of the Practice Unit to take appropriate remedial
			 measures including, but not limited to, additional specific education and
			 acquisition of or obtaining access to specified library or practice
			 materials.
(d) The Board may
			 require an accelerated schedule of peer review.
(e) The Board may enter into a consent
			 agreement with the Practice Unit.
(f) The Board may initiate an investigation
			 and schedule a disciplinary hearing pursuant to §
								34-1-12.
Author:
Alabama Board of Public
				Accountancy.
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-1-3,
				  34-1-10.
Alabama Administrative Code › Title 30 - ALABAMA STATE BOARD OF PUBLIC ACCOUNTANCY › Chapter 30-X-8 - PEER REVIEW PROGRAM › Section 30-X-8-.07 - Effective Date

Current through Register Vol. 42, No. 9, June 28, 2024
This chapter, as amended, became effective October 1,
				1993.
Author:
Alabama State Board of Public
				Accountancy
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-1-3,
				  34-1-10.
Alabama Administrative Code › Title 70 - ALABAMA DEPARTMENT OF SENIOR SERVICES, FORMERLY ALABAMA COMMISSION ON AGING › Chapter 70-X-1 - ORGANIZATION AND ADMINISTRATION › Section 70-X-1-.01 - Mission And Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The Alabama Department of Senior Services mission is to promote
				the independence and dignity of seniors through a comprehensive and coordinated
				system of quality services. The Department, through advocacy, leadership and
				program administration, prepares the State of Alabama for the changing
				demographics of aging.
Author:
Irene B. Collins, Commissioner
Statutory Authority:
Code of Ala.
				  1975
, §§
										38-3-1 to
				  38-3-9.