Current through Register Vol. 35, No. 18, September 24, 2024
A. An applicant for initial
certification/licensure shall demonstrate to the board's satisfaction that he:
(1) lacks a history of dishonest or felonious
acts;
(2) meets the education,
experience and examination requirements of the board; and
(3) passes the American institute of
certified public accountants ethics examination with a score of ninety percent
or higher.
B. Integrity
requirement: The board may assess integrity based upon applicant-provided
references and background checks to determine an applicant's history of
dishonest or felonious acts. The board may request the presence at a board
meeting of an applicant for whom it has unanswered questions.
C. Criminal history background check:
Pursuant to Section
61-28B-8.1 of the act, all
applicants for initial issuance or reinstatement of a certificate and license
in New Mexico shall be required to be fingerprinted to establish positive
identification for a state and federal criminal history background check.
Applicants can submit fingerprints through the board approved live scan
location prescribed by the New Mexico Department of Public Safety (DPS).
(1) The applicant will register online,
through the approved live scan website, with the board's Originating Agency
Identification (ORI) number and make payment with registration. After the
process is complete, the applicant will receive a registration
confirmation.
(2) The applicant
shall take their registration confirmation to an approved live scan facility
and conduct the electronic fingerprinting process.
(3) Results will be sent to the board
electronically. The board shall not issue a certificate or license until the
applicant's background check has been successfully completed.
(4) Out-of-State applicants, who are unable
to visit an approved live scan fingerprinting facility, may follow the same
registration process and submit a hardcopy fingerprint card to the approved
live scan facility. The results will be sent to the board electronically. The
board shall not issue a certificate or license until the applicant's background
check has been successfully completed.
D. Education and examination requirements:
Education and examination requirements are specified in Section 8 of the act
and are further delineated in Part 2 of board rules. An applicant who has
passed the uniform CPA examination prior to July 1, 2004, is exempt from the
150-semester-hour requirement.
E.
Experience required: Applicants documenting their required experience for
issuance of an initial certificate pursuant to Subsection H of Section 7 of the
act, and after July 1, 2004 Subsection H of Section 8 of the act shall:
(1) provide documentation of experience in
providing any type of services or advice using accounting, attest, management
advisory, financial advisory, tax or consulting skills; acceptable experience
shall include experience gained through employment in industry, government,
academia or public practice;
(2)
have their experience verified by an active, licensed CPA as defined in the act
or by an active, licensed CPA from another state; the board shall consider and
evaluate factors such as complexity and diversity of the work in determining
acceptability of experience submitted:
(a) one
year of experience or it's 2,000 hour equivalent shall consist of full or
part-time employment that extends over a period of no more than three years and
includes no fewer than 2,000 hours of performance of services described
above;
(b) the CPA verifying an
applicant's experience must be employed by, or a consultant to, or provide
professional services to, the same organization as the applicant;
(c) experience documented in support of an
initial application must be obtained within the seven years immediately
preceding passing of the examination or within seven years of having passed the
examination upon which the application is based; this does not apply to
applicants who qualified and sat for the examination during or prior to the
November 2001 administration;
(d)
any licensee requested by an applicant to submit evidence of the applicant's
experience and who has refused to do so shall, upon request of the board,
explain in writing or in person the basis for such refusal; the board may
require any licensee who has furnished evidence of an applicant's experience to
substantiate the information;
(e)
the board may inspect documentation relating to an applicant's claimed
experience; any applicant may be required to appear before the board or its
representative to supplement or verify evidence of experience.
F. Certificate and
license issuance: upon receipt of a complete application packet and successful
completion of a fingerprint background check, board staff are authorized to
approve and issue a certificate and license to an applicant for whom no
licensing issues are present. Pursuant to Section I of
16.60.2.13 NMAC, uniform CPA
examination scores must be approved by the board's administrative staff prior
to the issuance of a certificate and license to an applicant who sat for the
uniform CPA examination as a New Mexico candidate.
G. Swearing in ceremony: Every new licensee
must participate in a swearing in ceremony before the board within one year
from the date of the issuance of the initial license. Swearing in ceremonies
may be held two times per year in locations to be determined by the board or
the board's administrative staff. Upon good cause presented in writing prior to
the expiration of the one-year period of initial licensure, the board may
extend the period for being sworn in or arrange an alternate method for the
licensee to be sworn in. If an extension for good cause is granted, the
licensee shall arrange with the board's administrative staff to present him or
herself for swearing in before the board within the time prescribed by the
board. Failure to appear at a swearing in ceremony before the board may result
in the imposition of a fine or other disciplinary action, as deemed appropriate
by the board.
H. Replacement wall
certificates and licenses to practice: Replacement wall certificates and
licenses to practice may be issued by the board in appropriate cases and upon
payment by the CPA or RPA of the fee as set by the board. A certificate/license
holder is specifically prohibited from possessing more than one wall
certificate and more than one license to practice as a CPA or RPA. When a
replacement wall certificate or license to practice is requested, the
certificate/license holder must return the original certificate/license or
submit a statement describing the occurrence that necessitated the replacement
certificate or license.
I. Renewal
requirements: Certificates/licenses for individuals will have staggered
expiration dates based on the individual's birth month. Deadline for receipt of
certificate/license renewal applications and supporting continuing professional
education affidavits or reports is no later than the last day of the CPA or RPA
certificate/license holder's birth month or the next business day if the
deadline date falls on a weekend or holiday.
(1) The board may accept a sworn affidavit as
evidence of certificate/license holder compliance with CPE requirements in
support of renewal applications.
(2) Renewal applications and CPE reports
received after prescribed deadlines shall include prescribed delinquency
fees.
(3) Applications will not be
considered complete without satisfactory evidence to the board that the
applicant has complied with the continuing professional education requirements
of Subsection E of Sections 9 and Subsection A of Section12 of the act and of
these rules.
(4) The board shall
send renewal application notices no less than 30 days prior to the renewal
deadline.
J. The purpose
of this part is to expedite licensure for military service members, their
spouses, their dependent children and for veterans pursuant to Section
61-1-34 NMSA 1978.
(1) Applications for registration shall be
completed on a form provided by the board.
(2) The applicant shall provide a complete
application that includes the following information:
(a) applicant's full name;
(b) current mailing address;
(c) current electronic mail address, if
any;
(d) date of birth;
(e) background check, if required;
and
(f) proof as described in
subsection (3) below.
(3) The applicant shall provide the following
satisfactory evidence as follows:
(a)
applicant is currently licensed and in good standing in another jurisdiction,
including a branch of the United States armed forces;
(b) applicant has met the minimal licensing
requirements in that jurisdiction and the minimal licensing requirements in
that jurisdiction are substantially equivalent to the licensing requirements
for New Mexico; and
(c) the
following documentation:
(i) for military
service member: copy of military orders;
(ii) for spouse of military service members:
copy of military service member's military orders, and copy of marriage
license;
(iii) for spouses of
deceased military service members: copy of decedent's DD 214 and copy of
marriage license;
(iv) for
dependent children of military service members: copy of military service
member's orders listing dependent child, or a copy of military orders and one
of the following: copy of birth certificate, military service member's federal
tax return or other governmental or judicial documentation establishing
dependency;
(v) for veterans
(retired or separated): copy of DD 214 showing proof of honorable
discharge.
(4) The license or registration shall be
issued by the board as soon as practicable but no later than thirty days after
a qualified military service member, spouse, dependent child, or veteran files
a complete application and provides a background check if required for a
license, and any required fees.
(5)
Military service members and veterans shall not pay and the board shall not
charge a licensing fee for the first three years for a license issued pursuant
to this rule.
(6) A license issued
pursuant to this section shall be valid for the time period that is specified
in the Act.
(7) A license issued
pursuant to this section shall not be renewed automatically, and shall be
renewed only if the licensee satisfies all requirements for the issuance and
renewal of a license pursuant to the 1999 Public Accountancy Act, including
Section 61-28B-9 NMSA 1978 and Subsection
I of 16.60.3.9 NMAC.
(8) As a
courtesy, the board, will send via electronic mail license renewal
notifications to licensees or registrants before the license expiration date to
the last known email address on file with the board. Failure to receive the
renewal notification shall not relieve the licensee or registrant of the
responsibility of timely renewal on or before the expiration date.
