Current through Register Vol. 49, No. 9, September, 2024
RULE
13
CONTINUING EDUCATION
Pursuant to the provisions of the Act, the Board prescribes the
following rules amending requirements of continuing education to be met from
time to time by licensees in order to maintain the highest standard of
proficiency in the profession of public accountancy.
13.1 DEFINITIONS THAT ARE APPLICABLE TO RULE
13:
(a) Continuing Professional education
(CPE): An integral part of lifelong learning required to provide competent
professional accounting service to the public. The set of activities that
enables accounting professionals to maintain and increase their professional
competence.
(b) Group Program: An
educational process designed to permit a participant to learn a given subject
through interaction with an instructor and other participants either in a
classroom setting or using the Internet or video conferencing technology
(noninteractive Internet courses will not qualify in this area). Interactive
webinars are considered group programs. The key component in interactive CPE
courses is that the content is delivered in a manner so that the participants
can interact with the remote instructor.
(c) Independent Study: An educational process
designed to permit a participant to learn a given subject under a learning
contract with a CPE program sponsor (all independent study must be approved in
advance by the Arkansas State Board of Public Accountancy).
(d) Self-study Program: An educational
process designed to permit a participant to learn a given subject without major
involvement of an instructor. Self-study programs use a word count formula or a
pilot test (a sampling of at least three individuals) to measure the average
completion time from which the recommended CPE credit is determined.
(e) Authorship: An education process designed
to permit a participant to increase professional competence through research
and writing articles, books or CPE programs. For the writer to receive CPE
credit, the article, book, or CPE program must be in the subject areas
specified in Rule 13.2(a)(1) and formally accepted in writing for
publication.
13.2 BASIC
REQUIREMENTS
(a) An applicant for renewal of a
license must have completed acceptable continuing education, except as
otherwise provided in Section 13.2(b), in the amount of 120 hours within 36
months or 40 hours within 12 months immediately preceding January 1 of the year
for which the license is renewed, and further provided that:
(1) Through December 31, 2019, all license
holders shall complete at least 50% of the required hours in the subject areas
of accounting, accounting ethics, attest, or taxation. Beginning January 1,
2020 (CPE taken for the 2021 license year and beyond), licensees engaged in the
practice of public accounting shall complete at least 40% of the required hours
in the subject areas of accounting, accounting ethics, attest, or taxation.
Licensees not engaged in the practice of public accounting shall complete at
least 20% of the required hours in the subject areas of accounting, accounting
ethics, attest, or taxation.
(2)
License holders engaged in any attest or compilation function shall complete at
least 20% of the required hours in the subject areas of attest and accounting
theory/practice.
(3) License
holders must complete at least 4 hours of CPE in the area of accounting
professional conduct and ethics during the 36-months immediately preceding the
expiration date of their current license. Licensees who received their initial
license during the current calendar year are exempt from the ethics requirement
until their first full calendar year of licensure. Licensees must also complete
one hour of CPE on Arkansas State Board of Public Accountancy specific laws and
rules. This requirement may be satisfied by completing a web based course via
the Board's website or attending group training taught by a board member, board
staff member, or a designee of the Board, and will count towards the 4 hour
ethics requirement. The hour of CPE on Board specific rules and laws must be
completed during the 36 months immediately preceding the expiration date of the
current license.
(4) Licensees who
are in their first calendar year of licensure must obtain CPE hours prorated
based on the date of initial licensure.
(b) The Board may make exceptions for reasons
of individual hardship including, but not limited to, health, military service,
foreign residency, or other good cause. No exception shall be made solely
because of age or retirement.
(c)
The Board shall allow a full or partial exemption from continuing education
requirements for the following licensees:
(1)
An active duty military service member deployed outside of the State of
Arkansas;
(2) A returning military
veteran within one (1) year of his or her discharge from active duty;
or
(3) The spouse of a person under
(1) or (2) above.
In order to receive a full or partial CPE exemption, a
qualifying individual must submit a written request for an exemption to the
Board. The written request must explain whether a full or partial waiver of the
CPE requirement is sought and why such waiver is appropriate under the
individual's specific circumstances. In deciding the extent of any CPE waiver
allowed under this Rule, the Board will take into consideration factors
including, but not limited to:
(1) ability to access any CPE
programs;
(2) ability to access
various types of CPE;
(3)
applicant's personal circumstances; and
(4) the length of time on
duty.
(d) Responsibility
for documenting the acceptability of the continuing education requirement rests
with the applicant, who must retain such documentation for a period of five (5)
years following the end of the year of completion of the continuing education
hours.
13.3 PROGRAMS
WHICH QUALIFY
(a) A program qualifies as
acceptable continuing education if it is a formal program of learning which
contributes directly to the professional competence of an individual licensed
to practice as a public accountant. The responsibility for substantiating that
a particular program meets the requirements of this paragraph rests solely upon
the licensee.
(b) Continuing
education programs requiring attendance will qualify only if:
(1) An outline of the program is prepared in
advance and preserved.
(2) The
program is at least one-half hour (25 minute period) in length, excluding meal
time and business session. Credit shall be based on contact hours. A 50- minute
period will be considered as being equal to one hour. Hours devoted to
preparation by the participant shall not be counted as a contact hour.
Effective January 1, 2020, (CPE taken for the 2021 license year and beyond) a
licensee may earn a maximum of 4 hours of CPE each year by completing nano
learning courses. A nano learning course is a tutorial program designed to
permit a participant to learn a given subject in a ten-minute increment using
electronic media and without interaction with a real time instructor. For
purposes of calculating nano learning CPE credits, one CPE hour shall consist
of five ten-minute courses. For all other CPE courses, credits must be earned
in one-half hour (25 minute) increments.
(3) The program is conducted by a qualified
instructor. A qualified instructor or discussion leader is anyone whose
background, training, education or experience makes it appropriate for her/him
to lead a discussion on the subject matter of the particular program. A
lecturer or discussion leader shall be afforded CPE credit for preparation and
presentation of a program for twice the number of CPE hours applicable for
participants to the extent that the program contributes to the professional
accounting competence of the applicant. Such credit does not pertain to the
teaching of academic courses or other CPE courses that do not meet the criteria
of Rule 13.3(a). Repetition of the same course material in the same year will
not be allowable for credit as continuing education.
(4) A record of registration or attendance is
maintained.
(5) The sponsor of the
program is either approved registered or exempt from registration pursuant to
the provisions of Rule 13.4.
(c) The following programs are examples
deemed to qualify, provided Subsection 13.3(a) and (b) are met:
(1) Programs or seminars sponsored by
accredited higher educational institutions [see Rule 13.4(f)(2)], government
agencies, NASBA, professional organizations of Certified Public Accountants and
Public Accountants, firms of Certified Public Accountants and Public
Accountants, and industrial firms that meet the guidelines of Rule
13.3(b).
(2) Technical sessions at
meetings of recognized national and state accounting organizations and their
chapters.
(3) University or college
courses offered by accredited institutions [see Rule 13.4(f)(2)] through
classroom, correspondence, or distance learning. Courses taught must be upper
level college courses and may only be used for CPE one time in a three year
period. For credit courses, each semester hour of credit shall equal 15 hours
towards the requirement, and a quarter hour credit shall equal 10 hours. For
non-credit short courses, credit is computed by contact hours.
(d) Individual study programs,
distance learning, independent study and self-study for which evidence of
satisfactory completion is issued by the provider organization prior to January
1 of the year for which the licensee is being renewed may qualify. The Board
shall accept the hours of continuing education credit recommended by the
provider organization (subject to the constraints of Rule 13.3(b)(2)). NASBA's
Quality Assurance Services (QAS) hours will be accepted if the course is QAS
registered. Sponsors of such programs, excluding those offered by providers
listed in paragraphs (c1), (c2), and (c3) above, must be registered or exempt
from registration pursuant to the provisions of Rule 13.4 (see Rule 13.3(f)
below).
(e) Articles, books, or CPE
programs, as indicated in Rule 13.1 (e), may qualify for self-declared CPE
credit if the article, book or CPE program contributes to the professional
competence of the licensee and has been formally accepted for publication in
writing prior to the effective date of the license year (see Rule 13.3(f)
below).
(f) Combined credit awarded
in paragraphs 13.3(d) and 13.3(e) above shall not exceed 80 percent of the
total CPE hours required.
(g)
Acceptable continuing education will not include any education leading to
completion of the requirements to acquire a CPA certificate. Included in this
category is (1) any academic work necessary to qualify to take the CPA
Examination [per Board Rule 3.3(b)] and (2) any CPA Review courses or course(s)
offered for the specific purpose of preparing to take the CPA
Examination.
(h) Continuing
education programs accepted in other jurisdictions that have a sponsor review
program will be accepted.
(i) A
non-resident licensee seeking renewal of their license shall be determined to
have met the CPE requirement by meeting the CPE requirements for renewal of a
certificate/license in the state in which the licensee's principal place of
business is located.
(1) All active licensees,
regardless of residence, must complete 1 hour of Ethics CPE on Arkansas State
Board of Public Accountancy specific rules and laws as authorized by Board Rule
13.2(a)(3).
(2) Non-resident
licensees may be asked to demonstrate compliance with the CPE renewal
requirements of the state in which the licensee's principal place of business
is located through a CPE audit, as authorized by Board Rule 13.5(c).
(3) If a non-resident licensee's principal
place of business state has no CPE requirements for renewal of a
certificate/license, the non-resident licensee must comply with all Arkansas
State Board of Public Accountancy CPE requirements for renewal of their
Arkansas license.
(j)
Specialized knowledge courses are those courses that are related to a
concentrated, specialized skill set. This field of study also includes subjects
related to specialized industries, such as not-for-profit organizations, health
care, or oil and gas. Specialized knowledge courses may not be used to meet the
requirements of Rule 13.2(a)(1).
(k) Programs in the following subject areas
are not acceptable continuing education: spirituality, personal health and/or
fitness, sports and recreation, foreign languages and cultures and other
subjects which will not contribute directly to the professional competence of
the licensee.
13.4
APPROVED SPONSORS
(a) The sponsor of any
continuing education program(s), which is not exempt under Rule 13.4(f), must,
prior to offering such program(s) register as follows:
(1) Those sponsors offering programs totaling
more than 16 credit hours per year, or offering programs more than 5 times per
year must register with the National Registry of CPE Sponsors, administered by
the National Association of State Boards of Accountancy (NASBA); sponsors of
such programs in self-study format may register with NASBA's QAS as an
alternative to, or in addition to, registration with the National Registry of
CPE Sponsors.
(2) Those sponsors
offering programs which total 16 credit hours or less per year and offering
programs 5 times or less per year must either register with the National
Registry of CPE Sponsors administered by NASBA or register with the Board
annually using a registration form prescribed by the Board; sponsors of such
programs in self-study format may register with NASBA's Quality Assurance
Services as an alternative to, or in addition to, registration with the
National Registry of CPE Sponsors.
(b) The sponsor of any continuing education
program registered with NASBA's National Registry of CPE Sponsors or Quality
Assurance Service shall comply with the requirements of the Registry. Those
sponsors registering with the Board as well as those exempt under Rule 13.4(f)
shall keep detailed records of the following:
(1) The date and location of the program
presentation;
(2) The names of each
instructor or discussion leader;
(3) A list of licensees attending each
program presentation, and the license numbers of such attendees; and
(4) A written outline of the program
presentation.
(c) The
records required by subparagraph 13.4(b) shall be retained for a period of 5
years after the end of the year of each program presentation.
(d) The sponsor of any continuing education
program approved or exempt from registration pursuant to this rule must advise
attendees of such approval or exemption, together with the sponsor number,
subject code and the number of continuing education hours allowable.
(e) The Board may withdraw approval of any
continuing education program if the sponsor of such program fails to comply
with the provisions of this Rule.
(f) The following are exempt from registering
with the Board and the NASBA Registry of CPE Sponsors:
(1) Professional accounting and legal
organizations such as the American Institute of Certified Public Accountants,
the Arkansas Society of Certified Public Accountants, the National Society of
Public Accountants, the Arkansas Society of Public Accountants, NASBA, the
Institute of Management Accountants, the American Accounting Association, the
American Bar Association, the Arkansas Bar Association, and other similar
organizations;
(2) Universities or
colleges that are accredited per Rule 3.1;
(3) Firms, both accounting and industrial,
offering organized in-firm education programs which meet the requirements of
Rule 13.3(a); and
(4) Governmental
entities.
13.5 CPE REPORTING REQUIREMENTS
(a) Applicants for renewal of a license must
submit with their annual registration a representation that the applicant has
met the CPE requirement for issuance of a license together with a CPE
statement, in a form prescribed by the Board, showing the continuing education
programs and hours completed during the twelve months immediately preceding
January 1 of the year for which the license is being renewed. The applicant
must retain all supporting documentation for the programs and hours for five
(5) years following the end of the year of completion.
(b) The CPE statement shall show the
following:
(1) Name of the attendee;
(2) NASBA registration number or an E, if the
sponsor is exempt;
(3) Sponsoring
organizations;
(4) Location of
program;
(5) Title of program or
description of content;
(6) Dates
attended and/or completed and submitted;
(7) Field of Study
(8) Hours claimed; and
(9) Other information as designated by the
Board.
(c) On an annual
basis, the Board will audit the CPE statements of a selected number of
licensees, and those licensees will be required to submit support documentation
acceptable to the Board as part of the audit process. Licensees who fail the
CPE audit can appeal to the CPE Compliance Committee, and if necessary, the
full Board.
13.6
NONCOMPLIANCE AND SANCTIONS
(a) Should a
licensee report less than the required number of CPE hours, the licensee shall
complete the balance of the CPE hours for the reporting period and provide the
Board with appropriate documentation no later than January 31 of the following
CPE reporting period. Delinquent CPE hours reported to the Board under Section
13.6 shall first apply to the deficiency and any remaining CPE hours shall be
applied to the current CPE reporting period.
(b) Should a licensee fail to timely report
CPE hours in conjunction with the renewal application or fail to timely file a
report on completion of the balance of the CPE hours as provided in paragraph
(a) of this section, the Board shall serve notice of noncompliance upon the
licensee. The notice shall state the nature of the noncompliance. The licensee
shall, within thirty (30) days of the date of the notice, deliver acceptable
documentation to the Board that the licensee has successfully completed the
minimum CPE hours to correct the noncompliance.
(c) In addition to the notice of
noncompliance described above, the Board may institute a proceeding to impose
disciplinary action against a licensee who fails to comply with any provision
under Rule 13. The disciplinary action for a licensee who completes the minimum
number of CPE hours during the period provided in paragraph (a) of this section
shall be a monetary penalty unless the Board determines that other disciplinary
action is appropriate. The disciplinary action for a licensee who failed to
obtain the minimum CPE hours before the date for correction of the delinquency
under paragraph (a) of this section or who completed the minimum CPE hours
after notice of noncompliance under paragraph (b) of this section may be
suspension of the license unless the Board determines other disciplinary action
to be appropriate.
(d) A licensee
who has been suspended pursuant to this section may file a petition for
reinstatement which shall state the reasons for noncompliance, that the
licensee is presently in compliance, any other material information and that
the licensee has not performed any of the services set forth in A.C.A §
17-12-505 since the suspension
under this section. The petitioner may request a hearing and the Board may
require additional CPE hours as a condition of reinstatement. Any reinstatement
shall be subject to the provisions of Rule 13.9.
13.7 INACTIVE STATUS
(a) Except as provided in A.C.A.§
17-12-505(c), a
licensee on inactive status shall not perform for the public any of the
services set forth in A.C.A.§
17-12-505(a). If
the licensee performs any such services, he or she shall be subject to
discipline by the Board.
(b) A
licensee who complies with this Rule 13.7 shall be granted an exception to the
continuing education requirement of AC.A.§
17-12-502.
(c) To qualify for this exception, the
licensee must annually pay the appropriate inactive status registration fee as
determined by the Board and complete a form prescribed by the Board.
(d) A person on inactive status may convert
to active status as follows:
1. Complete a
form prescribed by the Board and submit payment of the appropriate fee(s)
(initial or upgrade) for active status.
2. Comply with CPE requirements under these
rules for the renewal period following reinstatement on a pro rata basis, such
hours to be computed at a rate of 3 1 /3 hours per month from the date of
reinstatement to the end of the renewal period in which reinstatement
occurs.
3. Undergo a federal and
state background check.
4. Comply
with the appropriate condition below:
(A) If
inactive for less than three (3) years, the licensee must deliver documentation
acceptable to the Board showing completion of forty (40) hours of CPE,
qualified pursuant to Rule 13.2, for each consecutive (12) month period the
licensee was on inactive status. For any period of less than twelve (12)
consecutive months, whether alone or as part of a period exceeding twelve (12)
months, the number of CPE hours shall be prorated at the rate of 3 1/3 hours of
CPE per month of inactive status.
(B) If inactive for less than (1) year, the
licensee will be considered not to have been inactive for CPE reporting
purposes.
(C) If inactive for three
(3) years or more, the licensee must develop
(D) and deliver to the Board a proposed
program of CPE as specified in Rule 13.2(a) (to include four hours of
accounting professional conduct and ethics). After the Board's approval of the
CPE program the licensee shall complete all of the CPE hours during the
36-month period immediately preceding the date of the licensee's application
for active status. The licensee shall attach to said application documentation
acceptable to the Board showing successful completion of all of the CPE hours
comprising said CPE program.
(E)
Applicants who have been inactive for three (3) years or more must have at
least one year of experience verified by a form approved by the Board from a
licensee as defined in the Act or from another state. This experience must have
been earned within the five years preceding the application for active
status.
13.8 RETIRED AND DISABLED STATUS
(a) Retired Status. A licensee who is at
least 55 years old and has filed a request on a form prescribed by the Board
stating that he or she has no association with accounting work for compensation
may be granted retired status upon approval of the application. Licensees on
retired status are not required to comply with the continuing professional
education requirements set forth in Board Rule 13 or to make payment of annual
license fees.
(1) The licensee who has been
granted retired status immediately becomes ineligible for retired status upon:
(a) Re-entering the workforce in a position
that has an association with accounting work for which he or she receives
compensation; or
(b) Serving on a
Board of Directors, Board of Trustees, or in a similar governance position,
unless the service is provided without compensation and is for a charity or a
civic or not-for-profit organization.
(2) Upon the occurrence of either
13.8(a)(1)(a) or 13.8(a)(1)(b) above, the licensee must notify the Board and
request an application for active status or inactive status (if eligible) and:
a) Pay the license fee established by the
Board;
b) Complete the active or
inactive license application; and
c) If converting to active status, meet the
requirements of Board Rule 13.7(d).
(b) Disabled Status. Disabled status may be
granted to a licensee who submits to the Board a statement and a letter from
the licensee's physician that identifies the disability and states that the
individual is unable to work because of a severe, ongoing, physical or mental
impairment or medical condition that is not likely to improve within the next
12 consecutive months. Licensees on disabled status are not required to comply
with the continuing professional education requirements set forth in Board Rule
13 or to make payment of annual license fees.
(1) The licensee who has been granted
disabled status immediately becomes ineligible for disabled status upon:
(a) Re-entering the workforce in a position
that has an association with accounting work for which he or she receives
compensation; or
(b) Serving on a
Board of Directors, Board of Trustees, or in a similar governance position,
unless the service is provided without compensation and is for a charity or a
civic or not-for-profit organization.
(2) Upon the occurrence of either
13.8(b)(1)(a) or 13.8(b)(1)(b) above, the licensee must notify the Board and
request an application for active status or inactive status (if eligible) and:
a) Pay the license fee established by the
Board;
b) Complete the active or
inactive license application; and
c) If converting to active status, meet the
requirements of Board Rule 13.7(d).
(c) For purposes of this section the term
"association with accounting work" shall include, but not be limited to, the
following:
(1) Whether for the public or for
an employer - Working, supervising, or providing oversight of accounting work
performed in the areas of financial accounting and reporting; tax compliance,
planning or advice; management advisory services; accounting information
systems; treasury, finance, or audit; or
(2) Representing to the public, including an
employer, that the individual is a CPA or public accountant in connection with
the sale of any services or products involving accounting work, including such
designation on a business card, letterhead, proxy statement, promotional
brochure, advertisement, or office; or
(3) Offering testimony in a court of law
purporting to have expertise in accounting and reporting, auditing, tax, or
management services.
(d)
All Board rules and all provisions of the Public Accountancy Act of 1975 apply
to anindividual in retired or disabled status. Licensees in retired status must
use the term "Retired" adjacent to their CPA or PA title. Licensees in disabled
status must use the term "Inactive" adjacent to their CPA or PA
title.
13.9 ACTIVATION
OF DELINQUENT, SUSPENDED OR REVOKED LICENSES
(a) A person whose license is delinquent,
suspended, void, or revoked and who applies for active status will be subject
to the same CPE requirements as those who wish to activate inactive licenses
(see Rule
13.7).