reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 13 - Rules of Professional Ethics and Conduct › Rule 193A-13.6 - Rules Applicable to Tax Practice

Current through Register Vol. 47, No. 3, July 24, 2024
CPAs, LPAs, and persons who are not CPAs or LPAs may perform tax
				services in Iowa. The rules of professional ethics and conduct in this chapter
				apply to any CPA or LPA who is licensed in Iowa and to any CPA exercising a
				practice privilege in Iowa whenever such person informs the client or prospective
				client that the person is a CPA or an LPA. Clients may be so informed in a number
				of ways, including oral or written representations, the display of a CPA
				certificate or LPA license, or use of the CPA or LPA title in advertising,
				telephone or Internet directories, letterhead, business cards or
				email.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 14 - Disciplinary Authority and Grounds for Discipline › Rule 193A-14.1 - Disciplinary Authority

Current through Register Vol. 47, No. 3, July 24, 2024
The board exercises disciplinary authority for the protection and
				well-being of those persons who rely on licensed individuals and firms for the
				performance of public accounting services within this state or for clients in
				this state. To perform these functions, the board is broadly vested with
				authority to review and investigate alleged acts or omissions of licensees,
				determine whether disciplinary proceedings are warranted, initiate and prosecute
				disciplinary proceedings, establish standards of professional conduct, and impose
				discipline, as authorized under Iowa law.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 14 - Disciplinary Authority and Grounds for Discipline › Rule 193A-14.2 - Disciplinary Policy

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board's
			 disciplinary policy rests upon the premise that the reliance of the public in
			 general and of the business community in particular on sound financial reporting,
			 and on the implication of professional competence inherent in the authorized use
			 of a licensee's regulated title relating to the practice of public accountancy,
			 imposes on persons and firms engaged in such practice certain obligations both to
			 their clients and to the public. These obligations include the obligation to
			 maintain independence of thought and action; to strive continuously to improve
			 one's professional skills; to observe, where applicable, generally accepted
			 accounting principles, generally accepted auditing standards, and similar
			 principles and standards; to promote sound and informative financial reporting;
			 to hold the affairs of clients in confidence; and to maintain high standards of
			 personal conduct in all matters affecting one's fitness to practice public
			 accountancy.
(2) The public interest
			 dictates that persons professing special competence in accountancy have
			 demonstrated their qualifications to do so, and that persons who have not
			 demonstrated and maintained such qualifications not be permitted to represent
			 themselves as having such special competence; that the conduct of persons
			 licensed as having special competence in accountancy be regulated in all aspects
			 of their professional work; and that the use of titles that have a capacity or
			 tendency to deceive the public as to the status or competence of the persons
			 using such titles not be permitted.
(3) A CPA or LPA firm is subject to discipline
			 for its own violations of Iowa Code chapter 542 and administrative rules and the
			 violations of the firm's CPAs, LPAs, nonlicensee owners, persons acting or
			 purporting to act under a practice privilege, and others performing professional
			 services on the firm's behalf. Whether a CPA or LPA firm will be charged based on
			 the acts of such individuals will depend on the circumstances. Among the factors
			 the board will consider are whether the firm took reasonable steps to prevent the
			 violation, whether the violation was or could have been discovered by the firm
			 upon reasonable inquiry, what steps the firm took upon discovering the violation,
			 whether the acts or omissions involved licensees of the board or were committed
			 by persons who are not individually licensed by the board, the nature of the
			 services at issue, and whether the violations are isolated matters or more
			 systemic to the firm's performance.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 14 - Disciplinary Authority and Grounds for Discipline › Rule 193A-14.3 - Grounds for Discipline

Current through Register Vol. 47, No. 3, July 24, 2024
The board may initiate disciplinary action against a CPA, an LPA,
				or a firm of CPAs or LPAs that holds an active, inactive or lapsed certificate,
				license or permit to practice on any of the following grounds:
(1)
Fraud or deceit in procuring a
			 license.
Fraud or deceit in procuring or attempting to procure an
			 initial, reciprocal, renewal, or reinstated certificate, license, or permit to
			 practice includes any intentional perversion of the truth when submitting an
			 application to the board, or when submitting information in support of another's
			 application to the board, including:
a. False
			 representation of a material fact, whether by word or by conduct, by false or
			 misleading allegation, or by concealment of that which should have been
			 disclosed.
b. Attempting to file or
			 filing with the board any false or forged record or document, such as a college
			 transcript, diploma or degree, examination report, verification of licensure,
			 continuing education certificate, or verification of peer review.
c. Failing or refusing to provide complete
			 information in response to a question on an application.
d. Reporting information, such as satisfaction
			 of continuing education, peer review, or attest qualification, in a false manner
			 through overt deceit or with reckless disregard for the truth or accuracy of the
			 information asserted.
e. Otherwise
			 participating in any form of fraud or misrepresentation by act or
			 omission.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 15 - Disciplinary Investigations › Rule 193A-15.1 - Initiation of Disciplinary Investigations

Current through Register Vol. 47, No. 3, July 24, 2024
The board may initiate a licensee disciplinary investigation upon
				the board's receipt of information suggesting that a licensee may have violated a
				law or rule enforced by the board which, if true, would constitute grounds for
				licensee discipline. The board may also review the publicly available work
				product of licensees on a general or random basis to determine whether reasonable
				grounds exist to initiate disciplinary proceedings or to conduct a more specific
				investigation.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 15 - Disciplinary Investigations › Rule 193A-15.2 - Conflict of Interest

Current through Register Vol. 47, No. 3, July 24, 2024
If the subject of a complaint is a member of the board, or if a
				member of the board has a conflict of interest in any disciplinary matter before
				the board, that member will abstain from participation in any consideration of
				the complaint and from participation in any disciplinary hearing that may result
				from the complaint.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 15 - Disciplinary Investigations › Rule 193A-15.3 - Complaints

Current through Register Vol. 47, No. 3, July 24, 2024
Written complaints may be submitted by any means and by
				anyone.
(1)
Contents of a
			 written complaint.
Written complaints may be submitted through the
			 online complaint process. Written complaints, whether submitted on a board
			 complaint form or in other written medium, will contain the following
			 information:
a. The full name, address, and
			 telephone number of the complainant (person complaining).
b. The full name, address, and telephone number
			 of the respondent (licensee against whom the complaint is filed).
c. A statement of the facts and circumstances
			 giving rise to the complaint, including a description of the alleged acts or
			 omissions that the complainant believes demonstrate that the respondent has
			 violated or is violating laws or rules enforced by the board.
d. If known, citations to the laws or rules
			 allegedly violated by the respondent.
e. Evidentiary supporting
			 documentation.
f. Steps, if any,
			 taken by the complainant to resolve the dispute with the respondent prior to
			 filing a complaint.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 15 - Disciplinary Investigations › Rule 193A-15.4 - Case Numbers

Current through Register Vol. 47, No. 3, July 24, 2024
Complaint files are tracked by a case numbering system. Once a
				case file number is assigned to a complaint, all persons communicating with the
				board regarding that complaint are encouraged to include the case file number to
				facilitate accurate records and prompt response.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 15 - Disciplinary Investigations › Rule 193A-15.5 - Confidentiality of Complaint and Investigative Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General provisions.
All complaint and investigative information
			 received or created by the board is privileged and confidential pursuant to Iowa
			 Code section 272C.6(4). Such information will not be released to any person
			 except as provided in that section and this rule.
(2)
Confidentiality of PCAOB
			 information and records.
a. The PCAOB
			 was created by the Sarbanes-Oxley Act of 2002 (the Act) as a nonprofit
			 corporation under the laws of the District of Columbia. The duties of the PCAOB
			 include the registration of public accounting firms that prepare audit reports
			 for public companies; the promulgation of rules (as approved by the SEC) for
			 auditing, quality control, ethics, independence and other standards relating to
			 the preparation of audit reports; the inspection of registered public accounting
			 firms; the investigation of alleged standards violations; and the imposition of
			 appropriate sanctions following disciplinary proceedings.
b. Pursuant to Section 105(b)(5)(A) of the Act
			 and PCAOB rules, PCAOB investigatory information and records are confidential and
			 privileged and are exempt from disclosure under the federal Freedom of
			 Information Act. PCAOB, in its discretion, may share such information and
			 records, along with the nonpublic sections of inspection reports, with state
			 regulatory authorities as necessary to accomplish the purposes of the Act or to
			 protect investors. As provided in Section 105(b)(5)(B) of the Act, state
			 regulatory authorities also maintain such information and records as confidential
			 and privileged, and the board will maintain that information as
			 confidential.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 15 - Disciplinary Investigations › Rule 193A-15.6 - Subpoena Authority

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to Iowa Code sections 17A.13(1), 272C.6(3)  and
				542.11(1), the board is authorized in connection with a disciplinary
				investigation to issue subpoenas to compel witnesses to testify or persons to
				produce books, papers, records and any other real evidence, whether or not
				privileged or confidential under law, which the board deems necessary as evidence
				in connection with a disciplinary proceeding or relevant to the decision of
				whether to initiate a disciplinary proceeding. Board procedures concerning
				investigative subpoenas are set forth in 193-Chapter 6.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 15 - Disciplinary Investigations › Rule 193A-15.7 - Informal Discussion

Current through Register Vol. 47, No. 3, July 24, 2024
If the board considers it advisable, or if requested by the
				affected licensee, the board may grant the licensee an opportunity to appear for
				a voluntary informal discussion of the facts and circumstances of an alleged
				violation, subject to the provisions of this rule.
(1) An informal discussion is intended to
			 provide a licensee an opportunity to share the licensee's side of a complaint in
			 an informal setting before the board determines whether probable cause exists to
			 initiate a disciplinary proceeding. A licensee may attend an informal discussion
			 but is not compelled to do so. Because disciplinary investigations are
			 confidential, a licensee is not permitted to bring persons other than legal
			 counsel to an informal discussion. Where an allegation is made against a firm,
			 the firm may be represented by a managing partner, member or other firm
			 representative.
(2) Unless
			 disqualification is waived by the licensee, board members or staff who personally
			 investigate a disciplinary complaint are disqualified from making decisions or
			 assisting the decision makers at a later formal hearing. Because board members
			 generally rely upon investigators, peer review committees, or expert consultants
			 to conduct investigations, the issue rarely arises. An informal discussion,
			 however, is a form of investigation because it is conducted in a question and
			 answer format. In order to preserve the ability of all board members to
			 participate in board decision making and to receive the advice of staff, a
			 licensee who desires to attend an informal discussion waives the right to seek
			 disqualification of a board member or staff based solely on the board member's or
			 staff's participation in an informal discussion. A licensee would not be waiving
			 the right to seek disqualification on any other ground. By electing to attend an
			 informal discussion, a licensee accordingly agrees that participating board
			 members or staff are not disqualified from acting as a presiding officer in a
			 later contested case proceeding or from advising the decision maker.
(3) Because an informal discussion constitutes
			 a part of the board's investigation of a pending disciplinary case, the facts
			 discussed at the informal discussion may be considered by the board in the event
			 the matter proceeds to a contested case hearing and those facts are independently
			 introduced into evidence.
(4) The
			 board may propose a consent order at the time of the informal discussion. If the
			 licensee agrees to a consent order, a statement of charges is filed
			 simultaneously with the consent order as provided in rule
			 193-7.4 (17A,272C).
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 15 - Disciplinary Investigations › Rule 193A-15.8 - Closing Complaint Files

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds
			 for closing.
The board may close a complaint file, with or without prior
			 investigation. Given the broad scope of matters about which members of the public
			 may have complaints, it is not possible to catalog all possible reasons why the
			 board may close a complaint file.
(2)
Closing orders.
The board's administrator may enter an order
			 stating the basis for the board's decision to close a complaint file. If entered,
			 the order will not contain the identity of the complainant or the respondent and
			 will not disclose confidential complaint or investigative information.
If entered, a closing order will be indexed by case number and is
				a public record pursuant to Iowa Code section 17A.3(1)
"d."
A
				copy of the order may be mailed to the complainant, if any, and to the
				respondent. The board's decision whether or not to pursue an investigation, to
				institute disciplinary proceedings, or to close a file is not subject to judicial
				review.
(3)
Cautionary letters.
The board may issue a confidential letter of
			 caution to a licensee when a complaint file is closed that informally cautions or
			 educates the licensee about matters that could form the basis for disciplinary
			 action in the future if corrective action is not taken by the licensee. Informal
			 cautionary letters do not constitute disciplinary action, but the board may take
			 such letters into consideration in the future if a licensee continues a practice
			 about which the licensee has been cautioned.
(4)
Reopening closed complaint
			 files.
The board may reopen a closed complaint file if additional
			 information arises after closure that provides a basis to reassess the merits of
			 the initial complaint.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 16 - Disciplinary Proceedings › Rule 193A-16.1 - Initiation of Disciplinary Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
Disciplinary proceedings may be initiated only by the affirmative
				vote of a majority of a quorum of the board at a public meeting. Board members
				who are disqualified will be excluded in determining whether a quorum exists. If,
				for example, two members of the board are disqualified, four members of the board
				constitutes a quorum of the remaining six board members for purposes of voting on
				the case in which the two members are disqualified. When three or more members of
				the board are disqualified or otherwise unavailable for any reason, the
				administrator may request the special appointment of one or more substitute board
				members pursuant to Iowa Code section 17A.11(5).
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 16 - Disciplinary Proceedings › Rule 193A-16.2 - Disciplinary Contested Case Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
Unless in conflict with a provision of Iowa Code chapter 542 or
				board rules in this chapter, all of the procedures set forth in 193-Chapter 7
				apply to disciplinary contested cases initiated by the board.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 16 - Disciplinary Proceedings › Rule 193A-16.5 - Reinstatement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The term "reinstatement" as used in this
			 rule and in rule 193-7.38 (17A,272C) includes the reinstatement of a suspended
			 license, the modification or removal of a probationary limitation on a licensee's
			 practice, the issuance of a license following the denial of an application to
			 renew a license, and the issuance of a new license following the revocation or
			 voluntary surrender of a license.
(2)
			 Any person whose license has been revoked, suspended or placed under probation by
			 the board, or who has voluntarily surrendered a license to conclude a
			 disciplinary investigation or proceeding, or whose application to renew a license
			 has been denied may apply to the board to modify or terminate the suspension,
			 issue or reissue the license, or modify or remove the probationary limitations of
			 practice in accordance with Iowa Code section 542.12, rule 193-7.38 (17A,272C),
			 the provisions of this rule, and the terms of the order of revocation, suspension
			 or probation, denial of license renewal, or acceptance of voluntary license
			 surrender.
(3) If the applicable
			 order did not establish terms upon which the licensee may apply for
			 reinstatement, an initial application for reinstatement may be made after at
			 least one year has elapsed from the date of the order that revoked, suspended or
			 placed under probation the license, denied license renewal, or accepted a
			 voluntary surrender.
(4) All
			 proceedings for reinstatement are initiated by the respondent and subject to the
			 procedures set forth in rule 193-7.38 (17A,272C). In addition, the board may grant
			 an applicant's request to appear informally before the board prior to the
			 issuance of a notice of hearing on the application if the applicant requests an
			 informal appearance in the application and agrees not to seek to disqualify on
			 the ground of personal investigation the board members or staff before whom the
			 applicant appears.
(5) An order
			 granting an application for reinstatement may impose such terms and conditions as
			 the board deems desirable, which may include one or more of the types of
			 disciplinary sanctions described in rule 193A-16.3 (272C,542).
(6) The board will not grant an application for
			 reinstatement when the initial order that revoked, suspended or placed under
			 probation the license; denied license renewal; or accepted a voluntary surrender
			 was based on a criminal conviction and the applicant cannot demonstrate to the
			 board's satisfaction that:
a. All the terms of
			 the sentencing or other criminal order have been fully satisfied;
b. The applicant has been released from
			 confinement and any applicable probation or parole; and
c. Restitution has been made or is reasonably
			 in the process of being made to any victims of the crime.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 17 - Enforcement Proceedings Against Nonlicensees › Rule 193A-17.1 - Civil Penalties Against Nonlicensees

Current through Register Vol. 47, No. 3, July 24, 2024
The board may order compliance with Iowa Code chapter 542 and
				board rules, revoke a practice privilege, and impose civil penalties by order
				against a firm, other entity, or individual that is not licensed by the board
				pursuant to Iowa Code chapter 542 based on the unlawful practices specified in
				Iowa Code sections 542.13 and 542.20. In addition to the procedures set forth in
				Iowa Code section 542.14, this chapter applies.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 17 - Enforcement Proceedings Against Nonlicensees › Rule 193A-17.2 - Investigations

Current through Register Vol. 47, No. 3, July 24, 2024
The board is authorized by Iowa Code section 17A.13(1)  and Iowa
				Code section 542.11 to conduct such investigations as are needed to determine
				whether grounds exist to impose civil penalties against a nonlicensee. Such
				investigations will conform to the procedures outlined in 193A-Chapter 15.
				Complaint and investigatory files concerning nonlicensees are not confidential
				except as may be provided in Iowa Code chapter 22.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 17 - Enforcement Proceedings Against Nonlicensees › Rule 193A-17.3 - Notice of Intent to Impose Civil Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
The notice of the board's intent to issue an order to enforce
				compliance with Iowa Code chapter 542 and board rules and to impose a civil
				penalty will be served upon the nonlicensee by certified mail, return receipt
				requested, or personal service in accordance with Iowa Rule of Civil Procedure
				1.305. Alternatively, the nonlicensee may accept service personally or through
				authorized counsel. The notice will include the following:
1. A statement of the legal authority and
			 jurisdiction under which the proposed civil penalty would be imposed.
2. Reference to the particular sections of the
			 statutes and rules involved.
3. A
			 short, plain statement of the alleged unlawful practices.
4. The dollar amount of the proposed civil
			 penalty, the nature of the intended order to enforce compliance with Iowa Code
			 chapter 542 and board rules, and whether a practice privilege will be
			 revoked.
5. Notice of the
			 nonlicensee's right to a hearing and the time frame in which hearing can be
			 requested.
6. The address to send a
			 written request for hearing.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 17 - Enforcement Proceedings Against Nonlicensees › Rule 193A-17.4 - Request for Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Nonlicensees have
			 30 days to request a hearing. The 30-day time frame begins on the date the notice
			 is mailed if served through certified mail to the last-known address, or 30 days
			 from the date of service if service is accepted or made in accordance with Iowa
			 Rule of Civil Procedure 1.305. A request for hearing has to be in writing and is
			 deemed made on the date of the nonmetered United States Postal Service postmark
			 or the date of personal service.
(2)
			 If a request for hearing is not timely made, the board chairperson or the
			 chairperson's designee may issue an order imposing the civil penalty, revoking
			 the practice privilege, and requiring compliance with Iowa Code chapter 542 and
			 board rules, as described in the notice. The order may be mailed by regular
			 first-class mail or served in the same manner as the notice of intent to impose
			 civil penalty.
(3) If a request for
			 hearing is timely made, the board will issue a notice of hearing and conduct a
			 hearing in the same manner as applicable to disciplinary cases against
			 licensees.
(4) A nonlicensee may
			 waive the right to hearing and all attendant rights and enter into a consent
			 order imposing a civil penalty, revoking the practice privilege, and requiring
			 compliance with Iowa Code chapter 542 and board rules at any stage of the
			 proceeding upon mutual consent of the board.
(5) The notice of intent to issue an order and
			 the order are public records available for inspection and copying in accordance
			 with Iowa Code chapter 22. Hearings are open to the public.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 17 - Enforcement Proceedings Against Nonlicensees › Rule 193A-17.5 - Safe Harbor Language

Current through Register Vol. 47, No. 3, July 24, 2024
Persons who do not hold a CPA certificate or LPA license, firms
				that do not hold a CPA or LPA firm permit to practice, or individuals or firms
				that are ineligible to exercise a practice privilege cannot use in any statement
				relating to the financial affairs of a person or entity language that is
				conventionally used by CPAs or LPAs in reports on financial statements. Pursuant
				to Iowa Code section 542.13(8), such persons or firms may use the following "safe
				harbor" language:
"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). I (we) have not
				audited, reviewed or compiled the accompanying financial statements and
				accordingly do not express an opinion or any other form of assurance on
				them."
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 17 - Enforcement Proceedings Against Nonlicensees › Rule 193A-17.6 - Enforcement Options

Current through Register Vol. 47, No. 3, July 24, 2024
The board may also pursue other enforcement as provided in Iowa
				Code sections 542.14(8), 542.14(9)  and 542.15.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 18 - Licensees' Duty to Report › Rule 193A-18.1 - Reporting Acts or Omissions Committed by Licensees

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
			 individual or firm licensed by the board has a duty to report under Iowa Code
			 section 272C.9(2). The failure to perform an engagement for a client in
			 accordance with professional standards may demonstrate a lack of qualifications
			 by a licensee or firm. These professional standards are set forth in 193A-Chapter
			 13.
(2) When a licensee observes an
			 act or omission referenced in subrule 18.1(1), the licensee is obligated to
			 report the violation in writing to the board office, setting forth the name of
			 the licensee alleged to have committed the violation and the rule(s) violated,
			 together with a copy of all material that evidences the violation.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 18 - Licensees' Duty to Report › Rule 193A-18.2 - Reporting Judgments and Settlements Alleging Malpractice

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Licensees have a duty to report under Iowa Code section 272C.9(3). For the
			 purposes of this rule, malpractice actions brought against a firm licensed by the
			 board will be deemed to have been brought against both the firm and the firm's
			 owners (e.g., partners, shareholders, or members) who performed the services that
			 led to the malpractice action.
(2)
			 When a licensee is a party to an adverse judgment resulting from a professional
			 malpractice action or is a party to a settlement of a claim resulting from an
			 allegation of malpractice, the licensee has an obligation to file a report in
			 writing forwarded to the board office, setting forth the name and address of the
			 client, the date the claim was originally made, a brief description of the
			 circumstances precipitating the claim and a copy of the judgment or settlement
			 agreement resulting from the claim.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 18 - Licensees' Duty to Report › Rule 193A-18.3 - Timely Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
The reports under this chapter are to be forwarded to the board
				within 30 days from the initial receipt of the information giving rise to the
				reporting obligation.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 20 - Practice Privilege for Out-of-state Certified Public Accountants › Rule 193A-20.1 - Overview and Timing

Current through Register Vol. 47, No. 3, July 24, 2024
Out-of-state certified public accountants who maintain their
				principal place of business in a jurisdiction other than Iowa may practice public
				accounting in Iowa or for clients with a home office in Iowa without Iowa
				licensure if all of the conditions of Iowa Code section 542.20 and this chapter
				are satisfied.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 20 - Practice Privilege for Out-of-state Certified Public Accountants › Rule 193A-20.2 - Out-of-state Licensure Status

Current through Register Vol. 47, No. 3, July 24, 2024
The practice privilege described in Iowa Code section 542.20 applies to individuals who are licensed to practice as certified public
				accountants in the jurisdiction in which their principal place of business is
				located for those periods of time in which all of the following conditions are
				satisfied:
(1) The out-of-state license
			 is valid, in good standing, and active. The practice privilege ceases if the
			 out-of-state license expires in the jurisdiction of the individual's principal
			 place of business.
(2) The individual
			 meets the criteria for substantial equivalency reciprocity, as provided in Iowa
			 Code section 542.19(1)
"a," "b,"
or
"c"
and rule
			 193A-9.5 (542).
(3) The license
			 authorizes in the individual's principal place of business all of the public
			 accounting services the individual performs or offers to perform in Iowa or for
			 clients with a home office in Iowa.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 20 - Practice Privilege for Out-of-state Certified Public Accountants › Rule 193A-20.3 - When Iowa Licensure May Be Necessary

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The auditor of
			 state, the department of agriculture and land stewardship, another governmental
			 official or body, or a client may mandate that an individual be licensed in Iowa
			 as a condition of performing public accounting services in Iowa or for a client
			 with a home office in Iowa, whether or not the individual may otherwise satisfy
			 the conditions for a practice privilege. Iowa licensure as a certified public
			 accountant is necessary, for example, to perform certain audit services described
			 in Iowa Code chapter 11.
(2) Iowa
			 licensure is necessary if an individual has an office in Iowa at which the
			 individual uses the title "CPA," unless the individual satisfies the conditions
			 for a practice privilege and one of the following is true:
a. The Iowa office is the office of an Iowa CPA
			 or LPA firm that holds a permit to practice under Iowa Code section 542.7 or
			 542.8, and the individual provides public accounting services through that
			 firm.
b. The Iowa office is the
			 office of a business entity that is not obligated to hold a firm permit to
			 practice under Iowa Code section 542.7 or 542.8, and the individual provides
			 public accounting services through that business entity.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 20 - Practice Privilege for Out-of-state Certified Public Accountants › Rule 193A-20.4 - Individuals Ineligible for a Practice Privilege

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 practice privilege described in Iowa Code section 542.20 is not applicable if:
a. The individual has been convicted of a
			 felony under the laws of any jurisdiction.
b. The individual has been convicted of any
			 crime under the laws of any jurisdiction if an element of the crime involves
			 dishonesty or fraud, such as forgery, embezzlement, obtaining money under false
			 pretenses, theft, extortion, conspiracy to defraud, or similar offense, as more
			 fully described in Iowa Code section 542.5(2).
c. The individual's license to practice public
			 accounting has been suspended, revoked, or otherwise disciplined by a licensing
			 authority in this or another state, territory, or country, for any cause other
			 than failure to pay appropriate fees. "Disciplined" includes the voluntary
			 surrender of a license to resolve a pending disciplinary investigation or
			 proceeding in Iowa or another jurisdiction.
d. The individual's right to practice public
			 accounting before any state or federal agency, or the PCAOB, has been suspended
			 or revoked.
e. The individual has
			 applied for licensure as a certified public accountant in Iowa or another
			 jurisdiction and the application has been denied.
f. Civil penalties have been imposed against
			 the individual pursuant to Iowa Code section 542.14.
g. The individual's authority to exercise a
			 practice privilege has been revoked in Iowa or another
			 jurisdiction.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 20 - Practice Privilege for Out-of-state Certified Public Accountants › Rule 193A-20.5 - Attest and Compilation Services

Current through Register Vol. 47, No. 3, July 24, 2024
Individuals providing compilation services in Iowa or for a
				client with a home office in Iowa need to comply with the peer review provisions
				of Iowa Code section 542.6(6)  or provide such services through a CPA or LPA firm,
				or a substantially equivalent firm that holds a valid license in the firm's
				principal place of business and that complies with the peer review and ownership
				provisions of Iowa Code section 542.7 or 542.8.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 20 - Practice Privilege for Out-of-state Certified Public Accountants › Rule 193A-20.6 - Rights and Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Individuals who
			 satisfy the conditions for a practice privilege may practice public accounting in
			 Iowa or for a client with a home office in Iowa in person or by telephone, mail,
			 or electronic means without licensure under Iowa Code chapter 542 or notice to
			 the board.
(2) Individuals lawfully
			 practicing public accounting under a practice privilege may use the title "CPA"
			 as long as they do not have an office in Iowa, except as provided in subrule
			 20.3(2).
(3) Individuals practicing
			 public accounting in Iowa or for a client with a home office in Iowa while
			 exercising a practice privilege are subject to all of the following provisions:
a. Practice privilege practitioners are not
			 allowed to make any representation tending to falsely indicate that the
			 individuals are licensed under Iowa Code chapter 542. Such individuals may
			 truthfully identify themselves as licensed in any jurisdiction in which they hold
			 a valid, active, unexpired license to practice as a certified public accountant.
			 For example, a practice privilege practitioner could not use the title "Iowa CPA"
			 or otherwise state or imply licensure in Iowa, but, if true, the individual could
			 use a title such as "CPA, licensed in Texas" or "Florida CPA." Such individuals
			 could also truthfully state that they are CPAs practicing under a practice
			 privilege.
b. Practice privilege
			 practitioners will provide, upon a client's or prospective client's request,
			 accurate information on the state or states of licensure, principal place of
			 business, contact information, and manner in which licensure status can be
			 verified.
c. Practice privilege
			 practitioners will comply with all professional standards, laws, and rules that
			 apply to licensees performing the same professional services.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 20 - Practice Privilege for Out-of-state Certified Public Accountants › Rule 193A-20.7 - Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Individuals purporting to practice public
			 accounting under a practice privilege who are ineligible to exercise a practice
			 privilege or who fail to satisfy the conditions for exercising a practice
			 privilege are subject to all of the penalties that apply to unlicensed persons,
			 including the criminal, administrative, and civil penalties described in Iowa
			 Code sections 542.14 and 542.15.
(2)
			 If an individual acting or purporting to act under a practice privilege engages
			 in any act or practice that does or may in the future violate Iowa Code chapter
			 542 or board rules, the board may take any or all of the following actions, as
			 applicable:
a. Apply to the district court for
			 an injunction, restraining order, or other order, pursuant to Iowa Code section
			 542.14(1);
b. Issue an order to
			 require compliance with Iowa Code chapter 542 or board rules and impose a civil
			 penalty pursuant to Iowa Code section 542.14;
c. Deny the subsequent license application of
			 the violator or the violator's firm, pursuant to Iowa Code section
			 542.20(4)
"a"
and
"b"
;
d. Refer the complaint or other relevant
			 information to the jurisdiction that issued a license to the alleged violator;
			 and
e. Take disciplinary action
			 against the individual pursuant to Iowa Code section 542.10 if the individual
			 holds an inactive or lapsed Iowa license.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 20 - Practice Privilege for Out-of-state Certified Public Accountants › Rule 193A-20.8 - Relationship Between Iowa Licensure and the Exercise of a Practice Privilege

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Active Iowa licensees.
An
			 Iowa licensee holding an active CPA certificate is treated for all purposes as an
			 Iowa licensee and is not subject to the provisions of Iowa Code section
			 542.20.
(2)
Inactive Iowa
			 licensees.
An Iowa licensee holding an inactive CPA certificate is
			 precluded by Iowa Code section 542.6(3)  and rule 193A-5.9 (272C,542) from
			 performing attest or compilation services or using the title "CPA" while
			 performing public accounting services in Iowa or for a client with a home office
			 in Iowa. The practice of an inactive CPA is restricted because the continuing
			 education necessary to renew in active status does not apply to those renewing in
			 inactive status. Some individuals holding an inactive Iowa CPA certificate may,
			 however, hold an active CPA certificate in another jurisdiction in which they
			 maintain their principal place of business and satisfy continuing education
			 obligations. Such individuals may have maintained an inactive Iowa CPA
			 certificate solely to facilitate reinstatement to active status when active Iowa
			 licensure is necessary in their practice. The following provisions apply to
			 inactive Iowa licensees who may wish to exercise a practice privilege:
a. In a disciplinary investigation or
			 proceeding in which an inactive Iowa licensee is alleged to have improperly used
			 the title "CPA" or otherwise practiced public accounting on an inactive license,
			 the board will consider whether the inactive licensee, at the time of the events
			 at issue, satisfied the conditions for a practice privilege under Iowa Code
			 section 542.20 and complied with all rules applicable to the exercise of a
			 practice privilege.
b. The individual
			 will take care to avoid public confusion about licensure status as provided in
			 193A-subrule 5.1(6).
c. Violations of
			 Iowa laws or rules by an individual holding an inactive Iowa CPA certificate will
			 be prosecuted as disciplinary proceedings against a licensee under Iowa Code
			 section 542.10 and, when appropriate under the factual circumstances, may also or
			 alternatively be enforced under the provisions of Iowa Code sections 542.14 and
			 542.15.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 21 - Practice Privilege for Out-of-state Certified Public Accounting Firms › Rule 193A-21.1 - Overview and Timing

Current through Register Vol. 47, No. 3, July 24, 2024
Out-of-state certified public accounting firms that maintain
				their principal place of business in a jurisdiction other than Iowa may practice
				public accounting in Iowa or for clients with a home office in Iowa without Iowa
				licensure if all of the conditions of Iowa Code section 542.20 and this chapter
				are satisfied.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 21 - Practice Privilege for Out-of-state Certified Public Accounting Firms › Rule 193A-21.2 - Out-of-state Licensure Status

Current through Register Vol. 47, No. 3, July 24, 2024
The practice privilege described in Iowa Code section 542.20 applies to certified public accounting firms that are licensed to practice as
				certified public accounting firms in the jurisdiction in which their principal
				place of business is located for those periods of time in which all of the
				following conditions are satisfied:
(1)
			 The out-of-state license is valid, in good standing, and active. The practice
			 privilege ceases if the out-of-state license expires in the jurisdiction of the
			 firm's principal place of business.
(2) The out-of-state license is substantially
			 equivalent to a permit to practice issued under Iowa Code section
			 542.7.
(3) The license authorizes in
			 the firm's principal place of business all of the public accounting services the
			 firm performs or offers to perform in Iowa or for clients with a home office in
			 Iowa.
(4) The public accounting
			 services offered in Iowa or for clients with a home office in Iowa that are
			 obligated under Iowa law to be performed by a CPA are performed by a person
			 holding a certificate issued under Iowa Code section 542.6 or 542.19, or by a
			 person exercising a practice privilege pursuant to Iowa Code section 542.20 and
			 193A-Chapter 20.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 21 - Practice Privilege for Out-of-state Certified Public Accounting Firms › Rule 193A-21.3 - When Iowa Licensure May Be Necessary

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The auditor of
			 state, the department of agriculture and land stewardship, another governmental
			 official or body, or a client may mandate that a firm be licensed in Iowa as a
			 condition of performing public accounting services in Iowa or for a client with a
			 home office in Iowa, whether or not the firm may otherwise satisfy the conditions
			 for a practice privilege. Iowa licensure as a certified public accounting firm is
			 necessary, for example, to perform certain audit services described in Iowa Code
			 chapter 11.
(2) Iowa licensure is
			 necessary if the firm has one or more offices in Iowa at which the firm uses the
			 title "CPAs," "CPA firm," "certified public
			 accountants," or "certified public accounting
			 firm."
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 21 - Practice Privilege for Out-of-state Certified Public Accounting Firms › Rule 193A-21.4 - Cpa Firms, Revocation of Practice Privilege

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 board may revoke the practice privilege in accordance with Iowa Code section
			 542.20.
(2) Firms precluded from
			 exercising a practice privilege under this rule may apply for licensure in Iowa
			 if otherwise qualified. The board will determine when an application is submitted
			 whether the criminal or disciplinary history or other regulatory action against
			 the firm or against any of the firm's owners (e.g., partners, shareholders, or
			 members) provides a ground to deny licensure.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 21 - Practice Privilege for Out-of-state Certified Public Accounting Firms › Rule 193A-21.5 - Attest and Compilation Services

Current through Register Vol. 47, No. 3, July 24, 2024
Unless otherwise obligated by rule 193A-21.3 (542), attest and
				compilation services may be performed by an out-of-state CPA firm exercising a
				practice privilege as long as the out-of-state firm is validly licensed in the
				state of its principal place of business, complies with Iowa Code section
				542.20(5) and 542.20(6)  and associated rules, and complies with the peer review
				and ownership provisions of Iowa Code section 542.7.
Iowa Administrative Code › Agency 193A - Accountancy Examining Board › Chapter 21 - Practice Privilege for Out-of-state Certified Public Accounting Firms › Rule 193A-21.6 - Rights and Duties

Current through Register Vol. 47, No. 3, July 24, 2024
(1) CPA firms that
			 satisfy the conditions for a practice privilege may practice public accounting in
			 Iowa or for a client with a home office in Iowa in person, or by telephone, mail,
			 or electronic means without licensure under Iowa Code chapter 542 or notice to
			 the board.
(2) CPA firms lawfully
			 practicing public accounting under a practice privilege may use the title "CPAs,"
			 "CPA firm," "certified public accountants," or "certified public accounting
			 firm."
(3) CPA firms practicing
			 public accounting in Iowa or for a client with a home office in Iowa while
			 exercising a practice privilege are subject to all of the following provisions:
a. Practice privilege firms are not allowed to
			 make any representation tending to falsely indicate that the firm is licensed
			 under Iowa Code chapter 542. Such firms may truthfully identify themselves as
			 licensed in any jurisdiction in which the firm holds a valid, active, unexpired
			 license to practice as a certified public accounting firm. For example, a
			 practice privilege firm could not use the title "Iowa CPAs" or "Iowa CPA firm" or
			 otherwise state or imply licensure in Iowa, but, if true, the firm could use a
			 title such as "CPA firm, licensed in Texas" or "Florida CPAs." Such firm could
			 also truthfully state that the firm is practicing in Iowa under a practice
			 privilege.
b. Practice privilege
			 firms will provide, upon a client's or prospective client's request, accurate
			 information on the state or states of licensure, principal place of business,
			 contact information, and manner in which licensure status can be
			 verified.
c. Practice privilege firms
			 will comply with all professional standards, laws, and rules that apply to
			 licensed firms performing the same professional services.