reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › PROFESSIONAL AND CORPORATE PRACTICE › Section 9.161 - Compliance with applicable statutes

Current through Register Vol. 54, No. 28, July 13, 2024
An architect or group of architects may elect to practice
						architecture professionally as a sole proprietorship, a partnership, a
						professional association, a professional corporation, a limited liability
						company, a limited liability partnership or a business corporation. A practice
						so elected shall be formed and conducted under the act and this chapter. In
						addition, the practice shall comply as follows:
(1) In the case of a sole proprietorship, the
					 owner for the practice of architecture as defined at section 3 of the act
					 (63
					 P. S. §
												34.3) shall be an architect
					 licensed by the Board.
(2) In the
					 case of a partnership, with 15 Pa.C.S. Chapter 83 (relating to the Uniform
					 Partnership Act).
(3) In the case
					 of a professional corporation, with 15 Pa.C.S. Chapter 29 (relating to
					 professional corporations).
(4) In
					 the case of a business corporation, with 15 Pa.C.S. Part II, Subpart B
					 (relating to the Business Corporation Law of 1988).
(5) In the case of a professional
					 association, with 15 Pa.C.S. Chapter 93 (relating to the Professional
					 Association Act of 1988).
(6) In
					 the case of a limited liability company, with 15 Pa.C.S. Chapter 89 (relating
					 to limited liability companies).
(7) In the case of a limited liability
					 partnership, with 15 Pa.C.S. Chapter 82 (relating to limited liability
					 partnerships).
(8) The business
					 form chosen by an architect may not affect the statutes of the Commonwealth
					 applicable to the professional relationship or the contract, tort or other
					 legal rights, duties and liabilities between the architect and the person
					 receiving architectural services.
The provisions of this §
													9.161 amended under sections 5(a),
						  6(a)-(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and (j) and 14 of
						  the Architects Licensure Law (63 P. S. §§
														34.5(a),
						  34.6(a)-(d), 34.8(b) and (c),
						  34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and (j) and
						  34.14).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › PROFESSIONAL AND CORPORATE PRACTICE › Section 9.162 - Firm practice

Current through Register Vol. 54, No. 28, July 13, 2024
The practice of architecture may be conducted in one of
						the following business forms:
(1) A
					 sole proprietorship, when the owner is a licensee of the Board.
(2) A partnership (general or limited
					 liability) or professional association, when the following exist:
(i) At least two-thirds of the partners or
					 members are licensed in a state to practice architecture, engineering or
					 landscape architecture.
(ii) At
					 least one-third of the partners or members are licensed in a state to practice
					 architecture.
(iii) At least one
					 partner or member is a licensee of the Board.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › PROFESSIONAL AND CORPORATE PRACTICE › Section 9.163 - Prior approval by the Board

Current through Register Vol. 54, No. 28, July 13, 2024
The practice of architecture may not be conducted in one
						of the business forms specified at §
											9.162 (relating to firm practice)
						without first receiving the written approval of the Board. Written approval
						shall be sought by submitting a completed application on forms provided by the
						Board along with the following documents to the Board:
(1) A copy of the completed Fictitious Name
					 Application, Articles of Incorporation, Articles of Association, Partnership
					 Agreement, Certificate of Authority or other relevant agreement or contract of
					 association. If none of these documents apply to the particular business
					 structure, composition or name of the firm, the rest of the filing requirements
					 in this section shall be complied with.
(2) A copy of the proposed letterhead,
					 containing thereon the names of the principals, followed by credentials
					 indicating their respective professions, as well as the word "architect" or
					 some derivation thereof as part of the name of the business, or as a subtitle
					 thereto. At least one of the principals listed shall be a licensee of the
					 Board. For purpose of this paragraph, "principal" means an officer, principal
					 stockholder or person having a substantial interest in or management
					 responsibility for an architectural practice.
(3) A complete list of the names of the
					 individuals interested in the business as proposed, with specification for each
					 as to profession, license number and state of licensure, if applicable, and
					 percent of ownership. The list shall contain or have appended to it
					 certification that the referenced licensed professionals are currently licensed
					 by and in good standing with their state of licensure.
(4) Certification in writing that the owners
					 will notify the Board prior to changes in the proposed ownership of the
					 business, whenever the changes are contemplated. Proposed changes shall be
					 reviewed and approved in writing by the Board prior to their
					 implementation.
The provisions of this §
													9.163 amended under sections 5(a),
						  6(a)-(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and (j) and 14 of
						  the Architects Licensure Law (63 P. S. §§
														34.5(a),
						  34.6(a)-(d), 34.8(b) and (c),
						  34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and (j) and
						  34.14).
This section cited in 49 Pa. Code §
													9.171 (relating to the title
						  "Architect"); 49 Pa. Code §
													9.176 (relating to the use of
						  associates or unlicensed persons in firm names); and 49 Pa. Code §
													43b.11a (relating to schedule of
						  civil penalties-architects).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › PROFESSIONAL AND CORPORATE PRACTICE › Section 9.164 - Exception for two owners

Current through Register Vol. 54, No. 28, July 13, 2024
Section
						9.162 (relating to firm practice)
						will not be construed to prevent the practice of architecture in a business
						form which is wholly owned by only two persons. The partnership, professional
						association, professional corporation, limited liability company, limited
						liability partnership or business corporation shall have at least one owner who
						is a licensee of the Board, and who owns at least 50% of the
						business.
The provisions of this §
													9.164 issued under sections 5(a),
						  6(a), (c) and (d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and (j) and
						  14 of the Architects Licensure Law (63 P. S. §§
														34.5(a),
						  34.6(a), (c) and (d), 34.8(b)
						  and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and (j) and
						  34.14).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › PROFESSIONAL AND CORPORATE PRACTICE › Section 9.165 - Architect as employe

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Nothing
					 in this chapter may be construed to prevent the employment of an architect by a
					 business which is not engaged in the practice of architecture as defined in
					 section 3 of the act (63 P. S. §
												34.3), if the work performed by the employed
					 architect concerns the modification of or the origination and supervision of
					 the design or the construction of structures, or both, which the employer
					 intends to utilize for its nonarchitectural business purpose. The employed
					 architect shall be a licensee of the Board.
(b) This section does not prevent registered
					 engineers from performing, or employing architects to perform, architectural
					 services incidental to the practice of engineering, as provided in section
					 15(2) of the act (63 P. S. §
												34.15(2)).
The provisions of this §
													9.165 issued under sections 5(a),
						  6(a)-(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the
						  Architects Licensure Law (63 P. S. §§
														34.5(a),
						  34.6(a)-(d), 34.8(b) and (c),
						  34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and
						  34.14).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › USE OF NAMES › Section 9.171 - The title "Architect

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Neither
					 the title "Architect" nor "Architects" may be affixed or otherwise used in
					 conjunction with a surname, word or business title when the use would imply
					 that an individual, associate, partner, corporate officer or business is
					 engaged in the practice of architecture when, in fact, the individual,
					 associate, partner, corporate officer or business is not a person or business
					 licensed or registered and approved by the Board under §
											9.163 (relating to prior approval
					 by the Board).
(b) Candidates for
					 examination or awaiting the results of an examination may not use the title
					 "architect."
The provisions of this §
													9.171 amended under sections 5(a),
						  6(a)-(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the
						  Architects Licensure Law (63 P. S. §§
														34.5(a),
						  34.6(a)-(d), 34.8(b) and (c),
						  34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and
						  34.14).
This section cited in 49 Pa. Code §
													43b.11a (relating to schedule of
						  civil penalties-architects).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › USE OF NAMES › Section 9.175 - Firm or business names

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 architect, group of architects or business organized for the practice of
					 architecture under section 13 of the act (63 P. S. §
												34.13) and §
											9.162 (relating to firm practice)
					 may use a firm name which incorporates the surnames of the owners or use a
					 fictitious name if the firm files a certificate with the Board stating the name
					 of the firm and the name and address of each person engaging in the practice.
(1) If a fictitious name is used, the name
					 chosen shall contain the word "architect" or some derivation thereof, or shall
					 be directly modified by a subtitle indicating that the purpose of the business
					 is the practice of architecture.
(2) By use of a fictitious name, a firm may
					 not use a surname, word, letters or figures indicating or intended to imply
					 that the firm is engaged in a professional practice other than the practice of
					 architecture and other professions as may be allowed under this
					 chapter.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › USE OF NAMES › Section 9.176 - The use of associates or unlicensed persons in firm names

Current through Register Vol. 54, No. 28, July 13, 2024
The name of an architectural firm may also carry the
						words associate or associates, or may include the name of an unlicensed person,
						if approval of the name under §
											9.163 (relating to prior approval
						by the Board) has been secured from the Board. If associates or unlicensed
						persons are used in the name or upon the stationery, letterhead, title block,
						specifications or another document prepared by the firm, the use may not imply
						that the unlicensed individual is licensed.
The provisions of this §
													9.176 amended under sections 5(a),
						  6(a)-(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the
						  Architects Licensure Law (63 P. S. §§
														34.5(a),
						  34.6(a)-(d), 34.8(b) and (c),
						  34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and
						  34.14).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › USE OF NAMES › Section 9.177 - Use of names of deceased, withdrawn or retired persons in firm names

Current through Register Vol. 54, No. 28, July 13, 2024
The names of deceased, withdrawn or retired sole owners,
						partners or shareholders may be retained in the firm name after their death,
						withdrawal or retirement only if:
(1)
					 There is a written agreement providing for the continued use of the names
					 between the deceased, withdrawn or retired persons and the succeeding owners of
					 the firm.
(2) The parties to the
					 written agreement have been active partners, association members or
					 shareholders for at least 5 years at the time of death, withdrawal or
					 retirement.
(3) The names of
					 deceased, withdrawn or retired owners, partners, professional association
					 members or shareholders are appropriately included on the firm stationery with
					 suitable indication of status.
(4)
					 The names of deceased, withdrawn or retired owners, partners, professional
					 association members or shareholders are not carried in the firm name for more
					 than 2 years after the death, withdrawal or retirement, unless the written
					 agreement between the parties specifies otherwise.
(5) A copy of the written agreement is filed
					 with the Board at the time of the death, withdrawal or retirement, and the
					 agreement receives the written approval of the Board.
The provisions of this §
													9.177 amended under sections 5(a),
						  6(a)-(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the
						  Architects Licensure Law (63 P. S. §§
														34.5(a),
						  34.6(a)-(d), 34.8(b) and (c),
						  34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and
						  34.14).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › PROCEDURES FOR COMPLAINTS › Section 9.181 - Filing of complaints

Current through Register Vol. 54, No. 28, July 13, 2024
Any person, firm, corporation or public officer may
						submit a written complaint regarding the practice of architecture to the
						Complaints Office of the Bureau.
The provisions of this §
													9.181 amended under sections 5(a),
						  6(a)-(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the
						  Architects Licensure Law (63 P. S. §§
														34.5(a),
						  34.6(a)-(d), 34.8(b) and (c),
						  34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and
						  34.14).
This section cited in 49 Pa. Code §
													9.182 (relating to records of
						  charges against an architect).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › PROCEDURES FOR COMPLAINTS › Section 9.182 - Records of charges against an architect

Current through Register Vol. 54, No. 28, July 13, 2024
A written statement under §
											9.181 (relating to filing of
						complaints) shall be formally filed, and referred to the Office of Prosecution
						of the Bureau, which shall cause an investigation to be
						conducted.
The provisions of this §
													9.182 amended under sections 5(a),
						  6(a)-(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the
						  Architects Licensure Law (63 P. S. §§
														34.5(a),
						  34.6(a)-(d), 34.8(b) and (c),
						  34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and
						  34.14).
This section cited in 49 Pa. Code §
													9.202 (relating to records of
						  charges).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › PROCEDURES FOR COMPLAINTS › Section 9.183 - Supporting evidence

Current through Register Vol. 54, No. 28, July 13, 2024
A charge made against an architect, group of architects
						or architectural firm shall be pleaded with specificity, and shall be
						accompanied by evidence supporting the allegations, if evidence is available to
						the complainant. If the complainant is unable to provide evidence, the
						complainant shall indicate specifically where evidence may be found, reviewed
						or sought.
The provisions of this §
													9.183 amended under sections 5(a),
						  6(a), (c) and (d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of
						  the Architects Licensure Law (63 P. S. §§
														34.5(a),
						  34.6(a), (c) and (d), 34.8(b)
						  and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and
						  34.14).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › PROCEDURES FOR COMPLAINTS › Section 9.184 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter supplements
						2
						Pa.C.S. §§
												501-508 and
						701-704 (relating to the
						Administrative Agency Law) and 1 Pa. Code Part II (relating to general rules of
						administrative practice and procedure), for proceedings before the
						Board.
The provisions of this §
													9.184 amended under sections 5(a),
						  6(a), (c) and (d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of
						  the Architects Licensure Law (63 P. S. §§
														34.5(a),
						  34.6(a), (c) and (d), 34.8(b)
						  and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and
						  34.14).
This section cited in 49 Pa. Code §
													9.185 (relating to
						  hearings).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › PROCEDURES FOR COMPLAINTS › Section 9.185 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Investigations
					 into charges raised in filed complaints may result in a determination to
					 proceed to a formal hearing to consider disciplinary action against the person
					 charged.
(b) Every phase of a
					 proceeding shall be conducted under §
											9.184 (relating to applicability
					 of general rules).
(c) If a
					 licensee is called before the Board, the licensee has the right to have counsel
					 present.
The provisions of this §
													9.185 amended under sections 5(a),
						  6(a)-(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the
						  Architects Licensure Law (63 P. S. §§
														34.5(a),
						  34.6(a)-(d), 34.8(b) and (c),
						  34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and
						  34.14).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › PROCEDURES FOR COMPLAINTS › Section 9.186 - Disqualification of a Board member

Current through Register Vol. 54, No. 28, July 13, 2024
If, for personal reasons, a member of the Board finds
						that he should not act on any charge before the Board, he may disqualify
						himself from acting in the proceedings. By majority vote, the Board may request
						but cannot demand that a member of the Board so disqualify himself. Suggestions
						by any party that any member of the Board should disqualify himself shall be
						included in the record of the proceedings and will be considered by the
						Board.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › PROCEDURES FOR COMPLAINTS › Section 9.187 - Absence from the hearing

Current through Register Vol. 54, No. 28, July 13, 2024
Appearance at a hearing may be waived by the accused. If
						so waived, the hearing shall proceed at the time and place set in the notice of
						the hearing, and the waiver will be noted in the record.
The provisions of this §
													9.187 amended under sections 5(a),
						  6(a), (c) and (d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of
						  the Architects Licensure Law (63 P. S. §§
														34.5(a),
						  34.6(a), (c) and (d), 34.8(b)
						  and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and
						  34.14).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › PROCEDURES FOR COMPLAINTS › Section 9.190 - Return of license

Current through Register Vol. 54, No. 28, July 13, 2024
In the event of revocation or suspension of a license,
						the licensee shall be required to immediately return his license and his
						current biennial renewal card. The licensee's seal and stamp will also be
						impounded by the Board.
The provisions of this §
													9.190 amended under sections 6(a),
						  (b) and (d), 8(b), 13(h) and 14 of the Architects Licensure Law (63 P. S.
						  §§
														34.6(a), (b) and
						  (d),
						  34.8(b), 34.13(h) and
						  34.14).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › CHARGES AGAINST A NONARCHITECT › Section 9.201 - Charges and complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Charges
					 brought against a nonarchitect alleging the unauthorized practice of
					 architecture in violation of section 18 of the act (63 P. S. §
												34.18) may be brought by a person or group of
					 persons, and shall be brought to the attention of the Board by the filing of a
					 written statement with the Complaints Office of the Bureau.
(b) Charges shall plead the allegations
					 raised with specificity, and may include, but are not limited to, the
					 following:
(1) Verbal, printed or written
					 representation that the communicator is a registered architect.
(2) Use of a stamp or seal belonging to a
					 registered architect, where the use is not authorized by the owner of the stamp
					 or seal.
(3) Providing or offering
					 to provide architectural services.
(4) Ownership of a professional association,
					 professional corporation, partnership or business corporation that violates
					 section 13 of the act (63 P. S. §
													34.13).
(5) Ownership of a sole proprietorship that
					 engages in the practice of architecture.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › CHARGES AGAINST A NONARCHITECT › Section 9.202 - Records of charges

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 written statement under §
											9.201 (relating to charges and
					 complaints) shall be formally filed, and referred to the Board Prosecutor, for
					 treatment under §
											9.182 (relating to records of
					 charges against an architect).
(b)
					 A determination as to whether to proceed further on the filed charges shall be
					 made by the Office of Prosecution of the Bureau. Licensed architects may be
					 employed as necessary to provide expertise required for the review of the
					 architectural aspects of a complaint and to assist in the prosecution of
					 individual cases.
The provisions of this §
													9.202 amended under sections 5(a),
						  6(a)-(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the
						  Architects Licensure Law (63 P. S. §§
														34.5(a),
						  34.6(a)-(d), 34.8(b) and (c),
						  34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and
						  34.14).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › CHARGES AGAINST A NONARCHITECT › Section 9.203 - Supporting evidence

Current through Register Vol. 54, No. 28, July 13, 2024
Charges made against a nonarchitect shall be accompanied
						by evidence supporting the allegations, if evidence is available to the
						complainant without undue risk, threat or harm. If the complainant is unable to
						provide evidence, he shall indicate specially where evidence may be found,
						reviewed or sought.
The provisions of this §
													9.203 amended under sections 5(a),
						  6(a), (c) and (d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of
						  the Architects Licensure Law (63 P. S. §§
														34.5(a),
						  34.6(a), (c) and (d), 34.8(b)
						  and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and
						  34.14).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › CHARGES AGAINST A NONARCHITECT › Section 9.204 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter supplements
						2
						Pa.C.S. §§
												501-508 and
						701-704 (relating to
						Administrative Agency Law) and 1 Pa. Code Part II (relating to general rules of
						administrative practice and procedure).
The provisions of this §
													9.204 amended under sections 5(a),
						  6(a), (c) and (d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of
						  the Architects Licensure Law (63 P. S. §§
														34.5(a),
						  34.6(a), (c) and (d), 34.8(b)
						  and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and
						  34.14).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 9 - STATE ARCHITECTS LICENSURE BOARD › ROSTER OF ARCHITECTS › Section 9.211 - Identification of classes of licensure

Current through Register Vol. 54, No. 28, July 13, 2024
Classes of licensure as an architect in this Commonwealth
						shall be limited to Classes X and B.
(1)
Class X
. Licensure by
					 examination.
(2)
Class
					 B
. Licensure by reciprocity may be granted to a practicing architect
					 who holds a current license, in good standing, in any other state or country
					 whose requirements for obtaining licensure are equal to those required under
					 the act.
The provisions of this §
													9.211 amended under sections 6(a),
						  (b) and (d), 8(b), 13(h) and 14 of the Architects Licensure Law (63 P. S.
						  §§
														34.6(a), (b) and
						  (d),
						  34.8(b), 34.13(h) and
						  34.14).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 11 - STATE BOARD OF ACCOUNTANCY › GENERAL PROVISIONS › Section 11.3 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
Under 1 Pa. Code §
											31.1 (relating to scope of part),
						1 Pa. Code Part II (relating to general rules of administrative practice and
						procedure) is applicable to the activities of and proceedings before the
						Board.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 11 - STATE BOARD OF ACCOUNTANCY › GENERAL PROVISIONS › Section 11.4 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
Following is the schedule of fees charged by the
						Board:
Certification and initial licensure of certified
								  public
								  accountant................................................
$65
Initial licensure of public accounting
								  firm......................................
$45
Temporary practice
								  permit............................................................
$25
Biennial renewal of license of certified public
								  accountant, public accountant or public accounting
								  firm.....................................................
$100
Reinstatement of inactive or expired
								  license...............................
$35
Certification of
								  scores....................................................................
$25
Verification of certification, registration or
								  licensure....................
$15
Initial approval of program sponsor or reapproval
								  of previously approved program
								  sponsor.....................................................................
$145
Biennial renewal of approval of program
								  sponsor........................
$150
The provisions of this §
													11.4 amended under sections
						  3(a)(6) and (10)-(12), 6 and 9.2(d)(2) of the CPA Law (63 P.S.
						  §§
														9.3(a)(6) and
						  (10)-(12), 9.6 and
						  9.9b(d)(2)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 11 - STATE BOARD OF ACCOUNTANCY › GENERAL PROVISIONS › Section 11.5 - Temporary practice in this Commonwealth; practice under substantial equivalency

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requirements for temporary practice.
Except as provided in
					 subsection (e), a CPA or qualified association composed of CPAs of another
					 state may temporarily practice public accounting in this Commonwealth, if the
					 CPA or qualified association:
(1) Holds a
					 current license or registration to practice public accounting in the other
					 state.
(2) Concurrently practices
					 public accounting in the other state.
(3) Obtains from the Board a temporary
					 practice permit prior to performing the temporary work.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 11 - STATE BOARD OF ACCOUNTANCY › SUPERVISION › Section 11.7 - Use of the designation "public accountant" and the abbreviation "PA"

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Only the
					 following individuals and entities may use the designation "public accountant,"
					 the abbreviation "PA," or any other title, designation, words, letters or
					 abbreviation tending to indicate that the user is a public accountant or is
					 composed of public accountants:
(1) An
					 individual who holds a public accountant registration and a current license
					 from the Board.
(2) An individual
					 who holds a certificate of certified public accountant from the Board or who
					 has received written notification from the Board that he is qualified to
					 receive a certificate of certified public accountant.
(3) A qualified association that holds a
					 current license from the Board.
(4)
					 An individual or firm practicing under substantial equivalency in accordance
					 with §
												11.5(e) (relating
					 to temporary practice in this Commonwealth; practice under substantial
					 equivalency).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 11 - STATE BOARD OF ACCOUNTANCY › SUPERVISION › Section 11.8 - Use of the designation "certified public accountant" and the abbreviation "CPA" in the practice of public accounting

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Only the following individuals and
					 entities may use the designation "certified public accountant," the
					 abbreviation "CPA," or any other designation, title, words, letters or
					 abbreviation tending to indicate that the user is a CPA or composed of CPAs
					 while engaged in the practice of public accounting:
(1) An individual who holds a certificate of
					 certified public accountant and a current license from the Board.
(2) An individual who holds a public
					 accountant registration and current license from the Board and who has received
					 written notification from the Board that he is qualified to receive a
					 certificate of certified public accountant.
(3) A qualified association that holds a
					 current license from the Board.
(4)
					 An individual or firm practicing under substantial equivalency in accordance
					 with §
												11.5(e) (relating
					 to temporary practice in this Commonwealth; practice under substantial
					 equivalency).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 11 - STATE BOARD OF ACCOUNTANCY › SUPERVISION › Section 11.9 - Use of the designation "certified public accountant" and the abbreviation "CPA" solely as mark of achievement by individual without current license

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An individual
					 who holds a certificate of certified public accountant but does not maintain a
					 current license to practice public accounting, or an individual who has
					 received notification from the Board that he is qualified to receive a
					 certificate of certified public accountant, may use the designation "certified
					 public accountant" and the abbreviation "CPA" solely as a mark of achievement
					 subject to the following conditions:
(1) The
					 certificate of certified public accountant has not been suspended or
					 revoked.
(2) The individual has
					 notified the Board in writing that he wishes to be placed on inactive
					 status.
(3) The individual does not
					 practice or offer to practice public accounting and is not a member or employee
					 of a public accounting firm.
(4)
					 The individual does not hold himself out to be in the practice of public
					 accounting when performing or offering to perform accounting, bookkeeping, tax
					 or accounting-related matters.
(5)
					 The individual does not use the designation "certified public accountant" or
					 the abbreviation "CPA" in advertising, including listings and advertisements in
					 phone directories, newspapers, magazines, electronic media and indoor and
					 outdoor signs.
(6) The individual
					 does not display the certificate of certified public accountant in a manner
					 that suggests he is authorized to practice public accounting.
(7) The individual's use of the designation
					 "certified public accountant" and the abbreviation "CPA" under this section is
					 limited to business cards, letterhead or other stationery, and resumes or
					 curriculum vitae, subject to the following conditions:
(i) The word "inactive" must appear
					 immediately adjacent to the designation or abbreviation.
(ii) Business cards, letterhead and other
					 stationery must include the name of the individual's employer and the
					 individual's job title or, if the individual is self-employed, the nature of
					 the individual's business.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 11 - STATE BOARD OF ACCOUNTANCY › EXAMINATIONS › Section 11.16 - Examination completion requirement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The CPA examination will be administered
					 during an examination window that consists of the first 2 months of each
					 quarter of every year. An examination candidate may take the four parts of the
					 examination individually or in combination, and in any order. A candidate may
					 take each unpassed part of the examination once during each examination window.
					 A candidate will receive conditional credit for passing each part of the
					 examination without regard to the scores on the parts not passed.
(b) Unless extended by the Board as provided
					 in subsection (c), an examination candidate shall pass all parts of the
					 examination during a rolling 18-month period that begins on the date the
					 candidate first passes one part of the examination. If the candidate does not
					 pass all parts of the examination within the 18-month period, conditional
					 credit for any part passed outside the 18-month period will expire, and the
					 candidate shall retake that part of the examination.
(c) Notwithstanding the requirements of
					 subsections (a) and (b), the Board may extend the term of a candidate's
					 conditional credit upon the candidate's showing that the conditional credit
					 expired by reason of circumstances beyond the candidate's control.
The provisions of this §
													11.16 issued under section 506 of
						  The Administrative Code of 1929 (71 P.S. §
														186); and section 3 of the CPA Law
						  (63
						  P.S. §
														9.3); amended under section
						  812(b) and (e) of The Administrative Code of 1929 (71 P.S. §
														279.3a(b) and (e)); and
						  sections 3(a)(3) and (10)-(12) and 6 of the CPA Law (63 P.S. §§
														9.3(a)(3) and (10)-(12) and
						  9.6).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 11 - STATE BOARD OF ACCOUNTANCY › EXAMINATIONS › Section 11.18 - Character references for examination

Current through Register Vol. 54, No. 28, July 13, 2024
An initial candidate for the CPA examination shall have
						three individuals, including one certified public accountant, sign the
						examination application as character references. The individuals selected as
						character references shall be residents of this Commonwealth who have known the
						candidate for at least 3 years and who are not related to the candidate. The
						candidate may submit with the examination application other individuals as
						character references if the candidate, for good cause shown, is unable to
						obtain the signatures of individuals who satisfy the requirements of this
						section.
The provisions of this §
													11.18 issued under section 506 of
						  The Administrative Code of 1929 (71 P. S. §
														186); and section 3(a)(10)-(12) of the CPA
						  Law (63 P. S. §
														9.3(a)(10)-(12)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 11 - STATE BOARD OF ACCOUNTANCY › RELATIONS WITH CLIENTS AND PUBLIC › Section 11.21 - Independence

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee may not perform an attest activity for an
						enterprise in a manner to imply that he is acting as an independent public
						accountant with respect thereto unless he is independent with respect to the
						enterprise. Independence will be considered impaired when the licensee has not
						complied with the independence rules and requirements of a recognized public or
						private standard-setting body as applicable under the circumstances. Examples
						of standard-setting bodies include the AICPA, PCAOB, SEC, General Accounting
						Office and Department of Labor.
The provisions of this §
													11.21 issued under section 506 of
						  The Administrative Code of 1929 (71 P. S. §
														186); and section 3(a)(10)-(12) of the CPA
						  Law (63 P. S. §
														9.3(a)(10)-(12)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 11 - STATE BOARD OF ACCOUNTANCY › RELATIONS WITH CLIENTS AND PUBLIC › Section 11.22 - Integrity and objectivity

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee may not in the performance of professional
						services knowingly misrepresent facts, nor subordinate his judgment to others;
						in tax practice, however, a licensee may resolve doubt in favor of his client
						as long as there is reasonable support for his position.
The provisions of this §
													11.22 issued under section 506 of
						  The Administrative Code of 1929 (71 P. S. §
														186); and section 3(a)(10)-(12) of the CPA
						  Law (63 P. S. §
														9.3(a)(10)-(12)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 11 - STATE BOARD OF ACCOUNTANCY › RELATIONS WITH CLIENTS AND PUBLIC › Section 11.23 - Competence

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee may not undertake any engagement for the
						performance of professional services which he cannot reasonably expect to
						complete with due professional competence including compliance, when
						applicable, with §§
											11.27 and
						11.28 (relating to auditing
						standards and other technical standards; and accounting
						principles).
The provisions of this §
													11.23 issued under section 506 of
						  The Administrative Code of 1929 (71 P. S. §
														186); and section 3(a)(10)-(12) of the CPA
						  Law (63 P. S. §
														9.3(a)(10)-(12)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 11 - STATE BOARD OF ACCOUNTANCY › RELATIONS WITH CLIENTS AND PUBLIC › Section 11.23a - Competence to supervise attest services

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A licensee may not supervise attest
					 services and sign or authorize another to sign an accountant's report for
					 attest services unless the licensee satisfies the competence requirements of
					 this section.
(b) To be competent
					 to supervise attest services and sign or authorize another to sign an
					 accountant's report for attest services, a licensee shall:
(1) Meet at least one of the following:
(i) Have at least 400 hours of experience
					 within the previous 5 years in providing attest services gained in government,
					 industry, academia or public practice and at least 24 hours of CPE in the area
					 of accounting, auditing or attest during the 24 months immediately preceding
					 issuance of the report. This CPE must comply with the standards of §§
													11.61-11.64,
					 11.67,
					 11.68,
					 11.68a,
					 11.69a,
					 11.71,
					 11.71a and
					 11.72 and may be used to satisfy
					 the requirements of §§
													11.62(a)-(c) and
					 11.63(a)(1)
					 (relating to CPE requirement for issuance of license; waiver or extension; and
					 CPE subject areas; relevance to professional competence).
(ii) Be a member of or employed by a firm
					 registered with the Board that has met the requirements of §
													11.82 (relating to peer review
					 compliance).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 11 - STATE BOARD OF ACCOUNTANCY › RELATIONS WITH CLIENTS AND PUBLIC › Section 11.24 - Commissions and referral fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
A licensee engaged in public practice is permitted to
					 receive commissions and accept or pay referral fees subject to the requirements
					 in section 12(p) of the act (63 P. S. §
												9.12(p)) and this
					 section.
(b)
Notification
					 to Board.
A licensee who receives or intends to receive commissions
					 shall report this fact on the application for biennial renewal of the
					 license.
(c)
Cooperation
					 with peer reviewer.
A licensee who receives commissions and who is
					 subject to peer review under section 8.9 of the act (63 P. S. §
												9.8i) shall furnish peer reviewers with
					 compensation records for purposes of verifying compliance with section 12(p)(1)
					 of the act.
(d)
Related
					 licensure/registration.
Prior to receiving commissions, a licensee
					 shall acquire and maintain in good standing any license or registration
					 required by another governmental or private standard-setting body for the
					 purpose of receiving commissions. Examples of bodies that may regulate the
					 receipt of commissions are:
(1) The
					 Pennsylvania Securities Commission (sale of securities).
(2) The National Association of Securities
					 Dealers (sale of securities).
(3)
					 The Insurance Department (sale of insurance).
(4) The State Real Estate Commission (sale of
					 real estate).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 11 - STATE BOARD OF ACCOUNTANCY › RELATIONS WITH CLIENTS AND PUBLIC › Section 11.25 - Contingent fees

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee who seeks to collect a contingent fee shall
						comply with the rules of the AICPA, PCAOB, SEC and other recognized public or
						private standard-setting bodies as applicable to the professional services
						being performed.
The provisions of this §
													11.25 issued under section 506 of
						  The Administrative Code of 1929 (71 P. S. §
														186); and section 3(10)-(12) of The CPA Law
						  (63
						  P. S. §
														9.3(10)-(12)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 11 - STATE BOARD OF ACCOUNTANCY › RELATIONS WITH CLIENTS AND PUBLIC › Section 11.26 - Incompatible occupations

Current through Register Vol. 54, No. 28, July 13, 2024
A licensee may not concurrently engage in the practice of
						public accounting and in another business or occupation which impairs his
						independence or objectivity in rendering professional
						services.
The provisions of this §
													11.26 issued under section 506 of
						  The Administrative Code of 1929 (71 P. S. §
														186); and section 3(10)-(12) of The CPA Law
						  (63
						  P. S. §
														9.3(10)-(12)).