reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 2 - APPLICABLE LAWS › Section 288-2-001

Current through June 17, 2024
The provisions of the Public Accountancy Act, Chapter 1,
				  Article 1, and all other relevant statutes including the Public Meetings Law,
				  Chapter 84, Article 14, and the Rules of Administrative Agencies, Chapter 84,
				  Article 9, are applicable to the procedures and actions of the Nebraska State
				  Board of Public Accountancy. Any of the rules or regulations promulgated under
				  these specific statutory grants of authority shall become null and void upon
				  the effective date of any statute which repeals, changes, alters, amends, or
				  modifies such statutory grant of authority.
Statutory Authority: Sections
					 1-106 to
					 1-171,
					 Sections
					 84-902
					 to
					 84-917,
					 and Sections
					 84-1408
					 to
					 84-1414
					 R.R.S. 1943
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 3 - DEFINITION OF TERMS › Section 288-3-001

Current through June 17, 2024
As used herein, unless the context otherwise requires:
001.01 Act
"Act" shall mean the Public Accountancy Act, Chapter 1,
				  Article 1, Reissue Revised Statutes, Nebraska.
001.02 AICPA
"AICPA" shall mean the American Institute of Certified Public
				  Accountants.
001.03 Attest
"Attest," means providing the following services:
001.03A any audit or other engagement to be
				performed in accordance with the AICPA Statements on Auditing Standards (SAS)
				in effect on October 15, 2015;
001.03B any review of a financial statement
				to be performed in accordance with (SSARS) in effect on October 15,
				2015;
001.03C any examination of
				prospective financial information to be performed in accordance with the AICPA
				Statements on Standards for Attestation Engagements (SSAE) in effect on October
				15, 2015;
001.03D any engagement to
				be performed in accordance with the standards of the Public Company Accounting
				Oversight Board (PCAOB) in effect on October 15, 2015; and
001.03E any examination, review, or agreed
				upon procedures engagement to be performed in accordance with the SSAE, other
				than an examination described in subsection
				001.03(C).
The standards specified in this definition shall be adopted
				  by reference by the national accountancy organizations, such as the AICPA, and
				  the PCAOB.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 4 - BOARD MEETINGS AND PROCEEDINGS › Section 288-4-001 - Organization of the Board

Current through June 17, 2024
001.01 The Board shall hold an organizational meeting each year. At such meeting, the Board shall elect from its own members a chair, a vice-chair and a secretary.
001.02 At the organizational meeting, the Board may establish the dates on which the regular meetings of the Board will he held.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 4 - BOARD MEETINGS AND PROCEEDINGS › Section 288-4-002 - Duties of the Board

Current through June 17, 2024
002.01 The Board shall exercise administrative control over the practice of public accountancy in the State of Nebraska, subject to the applicable provisions of the Act.
002.02 The Board shall provide for the preparation and adoption of the annual budget to provide the funds necessary to finance the operation of the Board.
002.03 At least annually, the Board shall establish the fees applicable to candidates for the examinations conducted by the Board and for permits issued by the Board.
002.04 The Board shall employ an executive director, additional personnel, and any other assistance as it may require for the performance of its duties. Unless otherwise directed by the board, the executive director shall keep a record of all proceedings, transactions, and official acts of the board, be custodian of all the records of the board, and perform such other duties as the board may require.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 4 - BOARD MEETINGS AND PROCEEDINGS › Section 288-4-003 - Duties of Officers

Current through June 17, 2024
The chair of the Board, or in the event of the chair's absence or inability to act. the vice-chair, shall preside at Board meetings and shall perform all duties imposed by the Act and such other duties as may be prescribed by action of the Board. The chair shall appoint such committees or hearing panels as are provided by the Act and these Regulations or established by the Board. The Board shall determine other duties of the officers.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 4 - BOARD MEETINGS AND PROCEEDINGS › Section 288-4-004 - Meetings

Current through June 17, 2024
004.01
Emergency Meetings
. Emergency meetings of the Board may be held in accordance with the provisions of Section  84-1411(3), as follows:
004.01A The Secretary or other designee of the Board shall maintain a list of the news media requesting notification of meetings and shall make reasonable efforts to provide advance notification to them of the time and place of each meeting, and the subjects to be discussed at the meeting.
004.01B When it is necessary to hold an emergency meeting of the Board without reasonable advance public notice, the nature of the emergency shall be stated in the minutes and any formal action taken in such meeting shall pertain only to the emergency.
004.01C Such emergency meetings may be held by means of electronic or telecommunication equipment.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 4 - BOARD MEETINGS AND PROCEEDINGS › Section 288-4-006 - Investigation of complaints and finding of probable cause

Current through June 17, 2024
Investigations of complaints, including matters brought to the Board's attention without a complaint from the public, shall be for the purpose of determining whether there is probable cause to institute proceedings under 005, "Contested Case," for violations of the Act, or the Board's Rules and Regulations,
006.01. The Board may designate one of its members, or any other person of appropriate competence, to serve as its investigating officer to obtain information relative to the complaint.
006.02. Upon completion of his investigation, the investigating officer shall file and report as to his findings with the Board. The investigating officer will recommend that the Board either find probable cause and schedule a contested case or else lack of probable cause and dismiss the complaint. The Board's determination shall be on the basis of the investigating officer's report. The report may be returned for further investigation.
006.03. The report of the investigating officer, the testimony, and the documents gathered during the investigation shall be treated as confidential information and as records which may be withheld from the public pursuant to Neb. Rev. Stat. §
									84-712.05.
006.04. Upon the findings of probable cause, if the subject of the investigation is the holder of a CPA certificate or a permit to practice, or an inactive registration, the Board shall issue a petition and hold a public hearing on the petition in accordance with Chapter .005. If the subject of the investigation is not a holder of a CPA certificate or a permit to practice or an inactive registration, the Board may take appropriate action pursuant to either Section  1-165 or Section  1-166 of the Act; or the Board may, under its own motion, issue a cease and desist order to such offender.
006.05. Disposition may be made of any complaint by stipulation, agreed settlement, or consent order without a finding of probable cause prior to the beginning of a contested case. Such disposition shall be binding on all parties to the complaint.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 4 - BOARD MEETINGS AND PROCEEDINGS › Section 288-4-007 - Adoption of Rules

Current through June 17, 2024
007.01 Any interested person may petition the Board requesting the promulgation, amendment, or repeal of any rule. Such petition shall be submitted in written form and shall give the specific language of the petitioner's proposal.
007.02 No rule shall be adopted, amended, or repealed by the Board except at a public hearing held during a regularly scheduled meeting of the Board.
007.03 Notice of such public hearing shall be given at least thirty days prior to the hearing and in accordance with the notice for the open meeting of the Board at which the adoption, amendment, or repeal of such rule is to be considered.
007.04 Draft copies or working copies of all rules to be considered for adoption, amendment, or repeal by the Board shall be available to the public at the offices of the Board and at the offices of the Revisor of Regulations at the time notice is given and until two (2) weeks following the public hearing.
007.05 All hearings for the adoption, amendment, or repeal of a rule shall be open to the public.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 4 - BOARD MEETINGS AND PROCEEDINGS › Section 288-4-008 - Conflicts of Interest; Board members; participation; disclosure

Current through June 17, 2024
008.01 Pursuant to Nebraska Revised Statutes, Section  1-108.01, the Board shall follow the definitions and procedures set forth in the Nebraska Political Accountability and Disclosure Act and any rules and regulations promulgated pursuant to such Act and as amended from time to time with respect to conflicts of interest of Board members.
Statutory Authority: Section  1-108, Section  1-112, Sections  84-904 to  84-917, Section  84-712.05 and Sections  84-1408 to  84-1414, R.R.S. 1943
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 5 - RULES OF PROFESSIONAL CONDUCT › Section 288-5-001 - Declaration of Purpose

Current through June 17, 2024
Pursuant to the provisions of Section
				  1-112
				  of the Act, for the purpose of establishing and maintaining high standards of
				  integrity and dignity in the profession of public accountancy, the following
				  Rules of Professional Conduct are adopted:
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 5 - RULES OF PROFESSIONAL CONDUCT › Section 288-5-002 - Independence

Current through June 17, 2024
002.01 Independence
A licensee who is performing an engagement in which the
				  licensee will issue a report on financial statements of any client (other than
				  a compilation report in which a lack of independence is disclosed) must be
				  independent with respect to the client in fact and appearance. Independence
				  will be considered to be impaired, if, for example:
002.01A During the period of his professional
				engagement, or at the time of expressing his opinion, the licensee, his firm,
				or any member thereof
002.01A1 had or was
				committed to acquire any direct or material indirect financial interest in the
				enterprise;
002.01A2 was a trustee
				of any trust or the personal representative of any estate that had or was
				committed to acquire any direct or material indirect financial interest in the
				enterprise;
002.01A3 had any joint
				closely held business investment with the enterprise or any officer, director
				or principal stockholder thereof which was material in relation to the net
				worth of the licensee or the enterprise;
002.01A4 had any loan to or from the
				enterprise or any officer, director or principal stockholder thereof, other
				than the following kinds of loans from a financial institution when made under
				normal lending procedures, terms and requirements:
(1) loans obtained by the licensee or his
				firm which are not material in relation to the net worth of such borrower;
(2) home mortgages; and
(3) other secured loans, except those loans
				secured solely by the guarantee of the licensee or his firm.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 5 - RULES OF PROFESSIONAL CONDUCT › Section 288-5-003 - Integrity and Objectivity

Current through June 17, 2024
A licensee shall not in the performance of professional
				  services knowingly misrepresent facts, nor subordinate his judgment to others.
				  In tax practice, a licensee may resolve doubt in favor of his client as long as
				  there is reasonable support for his position.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 5 - RULES OF PROFESSIONAL CONDUCT › Section 288-5-004 - Competence and Technical Standards

Current through June 17, 2024
004.01 Competence
A licensee shall undertake only those engagements which he
				  or his firm can reasonably expect to complete with professional competence.
				  This shall mean only those which he or someone in his firm is qualified, either
				  by experience or education, to handle.
004.02 Auditing Standards
A licensee shall not permit his name to be associated with
				  financial statements in such a manner as to imply that he is acting as an
				  independent public accountant unless he has complied with the applicable
				  generally accepted auditing standards. Statements issued by the American
				  Institute of Certified Public Accountants, and other pronouncements having
				  similar generally recognized authority, are deemed to be interpretations of
				  generally accepted auditing standards.
004.03 Accounting Principles
A licensee shall not express an opinion that financial
				  statements are presented in conformity with generally accepted accounting
				  principles if such statements contain any departure from an accounting
				  principle, which has a material effect on the financial statements taken as a
				  whole, unless the licensee can demonstrate that due to unusual circumstances,
				  the financial statement would otherwise have been misleading. In such cases,
				  his report must describe the departure, the approximate effects thereof, if
				  practicable, and the reasons why compliance with the principle would result in
				  a misleading statement. Pronouncements issued by the Financial Accounting
				  Standards Board and other pronouncements having similar generally recognized
				  authority are deemed to be generally accepted accounting
				  principles.
004.04 Forecasts
A licensee shall not in the performance of professional
				  services permit his name to be used in conjunction with any forecast of future
				  transactions in a manner which may lead to the belief that the licensee vouches
				  for the achievability of the forecast.
004.05 Other professional standards
A licensee, in the performance of management advisory
				  services or accounting and review services, shall conform to the professional
				  standards applicable to such services. For purposes of these rules, such
				  professional standards are considered to be defined by Statements on Management
				  Advisory Services and Statements on Standards for Accounting and Review
				  Services issued by the American Institute of Certified Public Accountants and
				  by similar pronouncements by other entities having generally recognized
				  authority.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 5 - RULES OF PROFESSIONAL CONDUCT › Section 288-5-005 - Responsibility to Clients

Current through June 17, 2024
005.01 Confidential Client Information
A licensee shall not disclose any confidential information
				  obtained in the course of performing professional services except with the
				  consent of the client. Provided, however, this rule shall not be
				  construed:
005.01A to relieve the
				licensee of his obligations under 288 NAC 5-004.02 and 004.03 relating to
				auditing standards and accounting principles;
005.01B to affect in any way his compliance
				with the validly issued subpoena or summons enforceable by order of any Court
				or agency;
005.01C to prohibit
				review of the licensee's professional practices as a part of voluntary quality
				review under Board authorization; or
005.01D to preclude a licensee from
				responding to any inquiry made by the Board or by an authorized investigative
				or disciplinary body, which in the opinion of the Board is duly constituted.
The Board shall not disclose any confidential client
				  information which comes to its attention from licensees involved in
				  disciplinary proceedings or otherwise in carrying out its official
				  responsibilities, providing, however, this prohibition shall not restrict the
				  exchange of information with any authorized and duly constituted investigative
				  or disciplinary body.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 5 - RULES OF PROFESSIONAL CONDUCT › Section 288-5-006 - Advertising and Solicitation

Current through June 17, 2024
006.01 A licensee shall not use or
				participate in the use of any form of communication, written or oral, having
				reference to his professional services, which contains a false, fraudulent,
				misleading, deceptive or unfair statement or claim, nor any form of
				communication having reference to his professional services which is
				accomplished or accompanied by coercion, duress, compulsion, intimidation,
				threats or harassing conduct. A false, fraudulent, misleading, deceptive or
				unfair statement or claim includes, but is not limited to, a statement or claim
				which:
006.01A Contains a misrepresentation of
				fact; or
006.01B Is likely to
				mislead or deceive because it fails to make full disclosure of relevant
				facts;
006.01C Is intended or
				likely to create false or unjustified expectations of favorable results;
				or
006.01D Implies educational or
				professional attainments or licensing recognition not supported in fact;
				or
006.01E Represents that
				professional services can or will be competently performed for a stated fee
				when this is not the case, or makes representations with respect to fees for
				professional services that do not disclose all variables that may reasonably be
				expected to affect the fees that will in fact be charged; or
006.01F Contains other representations or
				implications that in reasonable probability will cause a person of ordinary
				prudence to misunderstand or be deceived.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 5 - RULES OF PROFESSIONAL CONDUCT › Section 288-5-007 - Other Responsibilities and Practices

Current through June 17, 2024
007.01 Acts discreditable
A licensee shall not commit an act that reflects adversely
				  on his fitness to engage in the practice of public
				  accountancy.
007.02
				Commissions and referral fees
007.02A
Prohibited Commissions
. A licensee 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 licensee or the licensee's firm also
				performs for that client:
007.02A1 an audit
				or review of a financial statement; or
007.02A2 a compilation of a financial
				statement when the licensee expects, or reasonably might expect, that a third
				party will use the financial statement and the licensee's compilation report
				does not disclose a lack of independence; or
007.02A3 an examination of prospective
				financial information.
This prohibition applies during the period in which the
				  licensee is engaged to perform any of the services listed above and the period
				  covered by any historical financial statements involved in such listed
				  services.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 6 - CERTIFIED PUBLIC ACCOUNTANT EXAMINATION › Section 288-6-001 - Time and Place for Filing Applications

Current through June 17, 2024
001.01 Applications to take the Certified Public Accountant Examination must be made on a form provided by the Board or its designee and filed with the Board or its designee.
001.02 An application will not be considered filed until the application fee and examination fee required by these Rules and all required supporting documents have been received. Supporting documents shall include proof of identity as determined by the Board and specified on the application form, official transcripts, proof the Candidate has satisfied the education requirement, and disclosure of any conduct as outlined in 002.02.
001.03 The Board or its designee will forward notification of eligibility for the computer-based examination to NASBA's National Candidate Database.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 6 - CERTIFIED PUBLIC ACCOUNTANT EXAMINATION › Section 288-6-002 - Character and Fitness Standards

Current through June 17, 2024
002.01
Purpose
. The primary purpose of character and fitness screening for taking the Uniform CPA exam and licensure is to assure the protection of the public. The CPA licensing process is incomplete if only testing for competence is undertaken. The public is adequately protected only by a system that evaluates character and fitness as those elements relate to the character of the applicant and to the practice of public accountancy.
002.02
Causes for denial to sit for CPA examination or licensure
The revelation or discovery of any of the following facts from any jurisdiction shall be grounds for denial to sit for the CPA exam or issuance of a Board certificate or an initial permit to practice public accountancy:
1. A civil judgment, criminal conviction or civil penalty an element of which judgment, conviction, or penalty involves dishonesty, fraud, deceit, or misrepresentation;
2. violation of a court order;
3. denial of professional licensure or disciplinary action by a professional regulatory agency or professional organization;
4. conviction of a felony.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 6 - CERTIFIED PUBLIC ACCOUNTANT EXAMINATION › Section 288-6-003 - Time and Place of Examinations

Current through June 17, 2024
003.01 Eligible Candidates shall independently contact the Board or a lest center operator identified by the Board to schedule the time and place for the examination at an approved test site.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 6 - CERTIFIED PUBLIC ACCOUNTANT EXAMINATION › Section 288-6-004 - Conduct of Examinations

Current through June 17, 2024
004.01 The Board may make use of the uniform certified public accountants examination prepared by the American Institute of Certified Public Accountants (AICPA) or another nationally recognized organization. The Board may also make use of the advisory grading service provided by the AICPA or another nationally recognized organization.
004.02 The candidate may be photographed or other biometric identification taken by the test administrator at each appearance for the examination. The candidate will be required to provide proof of identification.
004.03 Cheating by a Candidate ill applying for, taking or subsequent to the examination will be deemed to invalidate any grade otherwise earned by a Candidate on any Test Section of the examination, and may warrant summary expulsion from the test site and disqualification from taking the examination for a specified period of time.
004.03A For purposes of this Rule, the following actions or attempted activities, among others, may be considered cheating:
(1) Falsifying or misrepresenting educational credentials or other information required for admission to the examination;
(2) Communication between Candidates inside or outside the test site or copying another Candidate's answers while the examination is in progress;
(3) Communication with others inside or outside the test site while the examination is in progress:
(4) Substitution of another person to sit in the test site in the stead of a Candidate;
(5) Reference to crib sheets, textbooks or other material or electronic media (other than that provided to the Candidate as part of the examination) inside or outside the test site while the examination is in progress.
(6) Violating the nondisclosure prohibitions of the examination or aiding or abetting another in doing so, or otherwise participating in the collection of Test Items for use, redistribution or sale.
(7) Retaking or attempting to retake a Test Section by an individual holding a valid Certificate or by a Candidate who has unexpired credit for having already passed the same Test Section, unless the individual has been directed to retake a Test Section pursuant to Board order or unless the individual has been expressly authorized by the Board to participate in a "secret shopper" program.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 6 - CERTIFIED PUBLIC ACCOUNTANT EXAMINATION › Section 288-6-005 - Examination Subjects and Requirements

Current through June 17, 2024
005.01 The examination shall test the knowledge and skills required for performance as an entry-level certified public accountant. The examination shall include the subject areas of accounting and auditing and related knowledge and skills as the Board may require.
005.02 A Candidate shall be required to pass all Test Sections of the examination in order to qualify for certification. Upon receipt of the advisory grades to the examination provider, the provider shall report the results to the Candidate and the Board. The Board may review any examination grades at their discretion. The Candidate must on each test section, attain the uniform passing grade established through a psychometrically acceptable standard-setting procedure.
005.03 A Candidate shall be required to pass all sections of the examination in order to qualify for certification.
005.03A A Candidate may take the required Test Sections individually and in any order. Credit for passing any Test Section(s) shall be valid for that Test Section for thirty (30) months from the date the passing score for such Test Section is released by NASBA to the Candidate or the Board, as the case may be, regardless of the number of Test Sections taken or having to attain a minimum score on any failed section(s).
1) A Candidate shall pass all required Test Sections within a rolling thirty (30) month period. The rolling period begins on the date the first passing score(s) are released by NASBA to the Candidate or the Board, as the case may be. The rolling period concludes on the date the Candidate sits for the final Test Section passed, regardless of when the score is released by NASBA for the final Test Section.
2) A Candidate who earns initial credit on one or more Test Section(s) of the CPA examination must sit for and complete the remaining required Test Section(s) of the examination by midnight on the last day of the rolling period.
3) If all required Test Sections are not passed within this initial thirty (30) month period, credit for the first Test Section(s) passed shall expire and a new rolling period shall begin on the date the second passing score(s) were released by NASBA to the Candidate or the Board, as the case may be, and continue for thirty (30) months from that date. If all required Test Section(s) are not passed within this next rolling period, credit for the second Test Section(s) passed shall expire and a new rolling thirty (30) month period will begin on the date the next Test Section passing score, if any, was released by NASBA to the Candidate or the Board, as the case may be, and this cycle of thirty (30) month rolling periods and Test Section credit expirations will continue until all Test Sections are passed within one thirty (30) month period. Notwithstanding the foregoing, if a Candidate stops testing for a thirty (30) month period, then all credit for previously passed Test Sections shall expire.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 6 - CERTIFIED PUBLIC ACCOUNTANT EXAMINATION › Section 288-6-007 - Examination Fee

Current through June 17, 2024
The Candidate shall, for each Test Section scheduled by the Candidate to the Board or its designee, pay a Candidate Testing Fee that includes the actual fees charged by the AICPA, National Association of State Boards of Accountancy (NASBA), and the Test Delivery Service Provider, as well as reasonable application fees established by the Board.
A candidate who fails to appear for the examination shall forfeit all fees charged for both the application and the examination unless the Candidate notifies the Board or its designee in writing within 30 days after the examination with an acceptable reason for failing to sit for the examination as scheduled. Acceptable reasons for not sitting shall include a documented illness verified by a medical doctor, death in the immediate family, call to active military service, or any other reason that the Board determines to be unavoidable. Each refunded examination application fee shall be subject to a 25 percent processing fee.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 7 - PERMITS, ANNUAL FEES, INACTIVE LIST › Section 288-7-001 - Permits

Current through June 17, 2024
Permits to practice public accountancy will be issued for
				  each licensing period and will expire on June 30 of each period. The issuance
				  to an individual of a certificate or initial permit to practice public
				  accountancy may be denied by the Board if the individual does not meet the
				  Character and Fitness Standards as listed in Chapter 6.002 or other
				  requirements within the Public Accountancy Act.
001.01 Issuance of a Permit under PAA Section
				1-136.02
001.01A A certificate holder may apply for
				issuance of a permit to practice under PAA Section
				1-136.02
				using forms provided by the Board. The experience form must include a notarized
				signature of a supervisor who during the time the experience was gained held an
				active permit to practice as a CPA.
001.01B Experience gained shall relate to the
				definition of practice of public accountancy as defined within Chapter 3 001.18
				in determining if the experience is satisfactory to the Board. A broad range of
				experience is recommended to be gained by the applicant as defined in Chapter 3
				001.18.
001.01C Experience
				submitted shall have been gained no more than 10 years prior to the application
				or the applicant shall file with the Board properly completed affidavits of
				successful completion of 120 hours of approved courses of continuing education,
				including 4 hours of ethic courses, within the three calendar years preceding
				application.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 7 - PERMITS, ANNUAL FEES, INACTIVE LIST › Section 288-7-002 - Annual Fees

Current through June 17, 2024
Not later than February 1 of each year, the Board shall by
				  resolution establish the fee schedule for all services for the following
				  licensing year.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 7 - PERMITS, ANNUAL FEES, INACTIVE LIST › Section 288-7-003 - Inactive List

Current through June 17, 2024
Any certificate holder who has not lost his or her right to
				  issuance or renewal of a permit and who is not actively engaged in the practice
				  of public accountancy in this state, shall make a written application to the
				  Board to be classified as inactive or inactive-retired, or may surrender his or
				  her certificate to the Board. A person classified as inactive shall not be
				  issued a permit to engage in public accountancy, nor be deemed the holder of a
				  "live permit" as defined in Section
				  1-151
				  of the Act, but shall be issued an inactive registration for the current
				  licensing period upon the payment of the applicable fee. Inactive registrations
				  will be issued for each licensing period and will expire on June 30 of each
				  period. Once inactive-retired status is approved by the Board it will remain in
				  effect until the certificate holder makes application for change.
003.01 Inactive Registrant; Use of Disclaimer
Whenever using "Certified Public Accountant" or "CPA" with
				  his or her name, an inactive registrant shall use the disclaimer "Inactive
				  Registrant" in parentheses immediately after the title or abbreviation;
				  provided, however, that a certified public accountant exercising the practice
				  privilege pursuant to the Act and the rules of the Board shall not be required
				  to use the disclaimer.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 7 - PERMITS, ANNUAL FEES, INACTIVE LIST › Section 288-7-004 - Display of Permit

Current through June 17, 2024
An individual who is practicing public accountancy shall
				  display to the public his current individual permit to practice in a prominent
				  place in the office where he practices public accountancy.
Statutory Authority: Sections
					 1-131,
					 1-136,
					 R.R.S. 1943
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 8 - CONTINUING EDUCATION › Section 288-8-001 - Purpose

Current through June 17, 2024
The purpose of this Chapter is to promulgate rules to assure
				  that minimum continuing education requirements are met by all permit holders
				  and thereby to promote the obligations of the permit holders to provide
				  competent professional services for their clients. Failure to comply with the
				  requirements set forth in this Chapter shall be grounds for non-renewal of a
				  permit for the practice of public accountancy.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 8 - CONTINUING EDUCATION › Section 288-8-002 - Definitions

Current through June 17, 2024
As used in this Chapter:
002.01 Approved course
"Approved course" means a course approved by the
				  Board.
002.02 Approved
				sponsor
"Approved sponsor" means an organization which has been
				  approved and designated by the Board whose programs presented in conformity
				  with this Chapter will constitute approved courses.
002.03 Participant
"Participant" shall mean a permit holder attending an
				  approved course.
002.04 Year
"Year" shall mean the twelve-calendar-month period of January
				  through December.
002.05
				Hour
"Hour" shall mean fifty (50) minutes of continuing
				  participation in the program of instruction. "Half hour" means twenty five (25)
				  minutes and shall count toward participation after meeting a first credit
				  hour.
002.06 Permit Holder
"Permit Holder" or "holder of a permit" shall mean any person
				  holding a permit to practice public accountancy.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 8 - CONTINUING EDUCATION › Section 288-8-003 - Board Duties

Current through June 17, 2024
Pursuant to Section
				  1-136.01
				  of the Act the Board may require each permit holder to furnish evidence of
				  participation in continuing education in accountancy, auditing and related
				  areas as a condition for renewal or reinstatement of the permit issued pursuant
				  to Section
				  1-136.
				  To assist permit holders to fulfill this requirement, the Board shall:
003.01 Exercise supervisory authority over
				the administration and reporting of continuing education.
003.02 Approve or deny sponsors, courses,
				programs, seminars and other educational activities in satisfaction of the
				minimum educational requirements. All approvals and denials shall be subject to
				continuous review by the Board.
003.03 Maintain records with respect to
				approved sponsors and courses and participation in approved courses by
				participants.
003.04 Provide such
				forms or instructions concerning information to be provided on alternative
				forms as are necessary to enable the participants, sponsors and the Board to
				fulfill their responsibilities.
003.05 Have the authority to request
				continuing education documentation from any permit holder for up to six years
				from their last reporting period.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 8 - CONTINUING EDUCATION › Section 288-8-005 - Standards for Course Approval

Current through June 17, 2024
To become an approved course, an educational presentation
				  shall meet the following minimum requirements:
005.01 Quality
The course shall be organized and presented in such manner as
				  to contribute directly to the professional competence of the participant in the
				  practice of public accountancy.
005.02 Subjects
The course shall present a subject matter directly related to
				  the practice of public accountancy or to information or skills reasonably
				  calculated to be utilized by a participant in the practice of public
				  accountancy. The Board recommends that any permit holder performing audits,
				  reviews or compilations obtain a minimum of forty percent (40%) of the required
				  credit hours in Accounting and Auditing coursework.
005.03 Qualifications of Faculty
Each faculty member shall be qualified through academic or
				  practical experience to teach or demonstrate his subject.
005.04 Written Materials
Written manuals, outlines, forms, or other written materials,
				  or other electronic means are recommended to be distributed to all participants
				  at or prior to the time the course is commenced.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 8 - CONTINUING EDUCATION › Section 288-8-006 - Sponsor Approval

Current through June 17, 2024
006.01 An organization, agency or individual
				which has as one of its primary purposes the presentation of education programs
				relating to the practice of public accountancy and has for a period of not less
				then two preceding years presented annually, one or more courses meeting the
				standards for course approval prescribed herein may apply to the Board for
				accreditation as an approved sponsor. A firm may also apply to the Board for
				designation as an approved sponsor for its in-firm continuing education
				programs. Application for approval shall be made to the Board on forms supplied
				by it or alternative forms which contain the necessary information for Board
				review.
006.02 The Board may at any
				time re-evaluate an approved sponsor. If the Board determines that there is
				basis for revocation of the accreditation of an approved sponsor, the Board
				shall set the matter for hearing and give the sponsor written notice by
				Certified Mail thirty (30) days in advance of the hearing. The decision of the
				Board following the hearing shall be final.
006.03 An approved sponsor may announce:
				"This course has been approved by the Nebraska State Board of Public
				Accountancy for ____hours credit."
006.04 An approved sponsor must maintain a
				list of all permit holders who attend each course, the number of hours, and
				provide the list to the Board upon request.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 8 - CONTINUING EDUCATION › Section 288-8-007 - Credit for Attendance or Participation

Current through June 17, 2024
007.01 One hour credit shall be given for
				each hour spent by a participant in actual attendance at the approved course.
				After the first credit hour earned, half hour increments shall count towards
				participation.
007.02 Credit may be
				given for time spent by a participant in actual attendance at formal, organized
				in-firm educational programs which satisfy the Standards for Course Approval
				whether or not the firm has obtained pre-approval by the Board as a sponsor.
				The amount of credit to be given shall be determined by the Board.
007.03 Credit may be given to a participant
				in completing self-study courses or other individual study programs which
				require advance registration and provide evidence of satisfactory completion of
				the course material and which satisfy the Standards for Course Approval. Course
				materials may be requested by the Board. The amount of credit to be given shall
				be determined by the Board. Not more than 50% of required hours during a
				licensing or reinstatement period shall be represented by such courses or
				programs.
007.04 A permit holder
				serving as an instructor of an approved course shall be entitled to two hours
				credit for each hour spent as an instructor of an approved course. Not more
				than 50% of required hours during a licensing or reinstatement period shall be
				represented by such credits.
007.05
				A permit holder may obtain credit for attending a course offered by a college
				or university which awards degrees in accounting. The amount of credit to be
				given shall be determined by the Board. Not more than 50% of required hours
				during a licensing or reinstatement period shall be given for college credit.
				Each college semester credit hour shall equal 15 hours CPE credit and each
				college quarter hour shall equal 8 hours CPE credit.
007.06 A participant may apply to the Board
				for a determination of the amount of credit that will be given for attendance
				or participation in any continuing education program which is other than an
				approved course or offered by other than an approved sponsor.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 8 - CONTINUING EDUCATION › Section 288-8-008 - Participant and Instructor Credit

Current through June 17, 2024
008.01 Each permit holder, who seeks to
				obtain credit for participation in an approved course either, as a participant
				or instructor shall apply to the Board on forms supplied by the Board or
				alternative forms which contain the necessary information for Board
				review.
008.02 A permit holder or
				an instructor may request that he be granted credit for participation in
				continuing education programs, which are other than approved courses offered by
				approved sponsors. In such event, the licensee shall supply information about
				the programs as requested by the Board, and the decision of the Board
				concerning the amount of credit to be granted, if any, shall be
				final.
008.03 Upon request by the
				Board, evidence of satisfactory completion of the required continuing education
				courses shall be provided prior to the renewal date of the permit holder's
				permit. Permit holders shall maintain evidence of satisfactory completion of
				continuing education courses for six years.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 8 - CONTINUING EDUCATION › Section 288-8-009 - Non-Compliance Review and Hearing

Current through June 17, 2024
009.01 If a permit holder fails to meet the
				requirements of Section
				1-136.01
				of the Act or this Chapter for continuing education, then the Board shall cause
				a Notice of Non-Compliance to be sent to such permit holder by Certified Mail
				directed to the permit holder's last-known address as indicated on records
				maintained in the office of the Board not less than three months prior to the
				renewal date of the permit holder's permit. Such Notice shall advise the permit
				holder of the existence and nature of such noncompliance and that the licensee
				may file a request for hearing with the Board within fifteen days of the date
				of mailing of the Notice. If a hearing is not timely requested, the permit
				holder shall be deemed to have waived any objection to the finding of
				noncompliance.
009.02 If a hearing
				is requested by a permit holder determined to be in noncompliance, the Board
				shall conduct a hearing at which the permit holder may be represented by
				counsel and shall make a stenographic or tape recorded record of all
				proceedings at the hearing. The Board may admit any relevant evidence,
				including hearsay.
009.03 If, after
				such hearing, the Board determines that a permit holder is in noncompliance
				with the requirements for continuing education it shall decline to renew the
				permit to practice public accountancy held by such permit holder.
009.04 The Board may waive compliance with
				this Rule for good cause shown in cases involving illness or other hardship or
				extenuating circumstances beyond the control of the permit holder.
Nebraska Administrative Code › Topic - BOARD OF PUBLIC ACCOUNTANCY › Title 288 - REVISED AND SUBSTITUTED RULES OF THE BOARD › Chapter 8 - CONTINUING EDUCATION › Section 288-8-010 - Reinstatement of Inactive Members

Current through June 17, 2024
Any registrant, who has held a permit to practice and who
				  currently holds an inactive registration, who desires to return to active
				  status shall first notify the Board. Before being readmitted to the status of
				  an active permit holder, such person shall file with the Board a properly
				  completed affidavit of attendance establishing that the permit holder has
				  successfully completed 120 hours, including 4 hours of ethic courses, of
				  approved courses of continuing education within the three prior calendar years
				  preceding the date on which readmission to active status is sought. This
				  calendar year requirement may be waived for good cause, pursuant to Section
				  009.04 of this Chapter.
Statutory Authority: Section
					 1-136.01
					 R.R.S. 1943.