Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Resigning licenses that are not the
subject of pending complaints or Board investigations. A certified
public accountant or public accountant may resign and surrender a license
issued under ORS 673.040,
673.100 and
673.150, by submitting a written
resignation, together with the original certificate or license issued to the
Board office. All resignations are effective upon the Board's receipt of the
written resignation and certificate. In the event that a person wishes to
reapply for a license to practice public accountancy after such a resignation,
the person will be required to meet all requirements for initial licensure of
ORS Chapter 673 and OAR chapter 801.
(2)
Resigning licensees that are the
subject of pending complaints or Board investigation. If a licensee is
the subject of a complaint filed with the Board or a Board investigation, or if
disciplinary proceedings are pending against a licensee, the resignation by
such licensee shall be treated as and deemed to be a revocation for cause. A
resignation under this section is not effective unless and until approved by
the Board. A licensee who resigns under this section will be required to
provide written notification to all clients of the effective date of
resignation, together with a copy of the Final Order and provide the Board with
a list of addresses of each client notified. A licensee may also be required to
secure advance approval by the Board of any written notice of resignation to
clients under this section.
(a) The Board may
refuse to accept a resignation under this provision if the written resignation
does not include a written acknowledgment by the resigning licensee of the
following:
(A) That the licensee is required
to return the CPA or PA wall certificate and wallet license card to the
Board.
(B) That the licensee has
knowledge of any pending investigation or disciplinary proceedings and does not
wish to contest or defend the matter.
(C) If required by the Board, that the
licensee has provided written notice of resignation under this section to all
clients and informed all clients of where client records and work papers will
be stored and of the clients' right to secure copies of all such records and
work papers at no cost to the client.
(D) A resigning licensee of a registered firm
is required to give written notice to only those firm clients for which the
resigning licensee was the sole or primary CPA on an engagement, an engagement
leader or the client relationship manager.
(E) That the licensee agrees to comply with
any and all terms or conditions imposed by the Board.
(b) Unless otherwise expressly provided by
the Board in writing, a resignation under this section will be treated as a
revocation for cause and reflected accordingly in Board records and
communications.
(c) The licensee
understands that, in the event the licensee submits a subsequent application to
be licensed to practice public accountancy, the licensee shall not be entitled
to a reconsideration or re-examination of the facts, complaints, or instances
of misconduct upon which investigations or disciplinary proceedings were
pending at the time of the resignation.
(d) Upon any subsequent application to
practice public accountancy, the licensee must meet all requirements of ORS
Chapter 673 and OAR chapter 801 and reinstatement of a license following
resignation under this provision is discretionary with the Board.
(3)
Requirements upon
resignation. Upon resignation, a former licensee is required to:
(a) Surrender the CPA certificate or PA
license to the Board;
(b) Take all
reasonable steps to avoid foreseeable harm to any client, including but not
limited to providing written notice of resignation under this section to all
clients and inform all clients of where client records and work papers will be
stored and of the clients' right to secure copies of all such records and work
papers at no cost to the client;
(c) Maintain client records per OAR
801-030-0030 for a period of at
least seven years, notify clients of the location of their records for
collection or return such records to the client; and
(d) Continue to comply with the requirements
of OAR Chapter 801 Division 030 pertaining to confidential information and
client records.
(e) For the purpose
of subsection (b) above and unless otherwise required by the Board, a resigning
licensee of a registered firm is required to give written notice to only those
firm clients for which the resigning licensee was the sole or primary CPA on an
engagement, an engagement leader, or the client relationship
manager.
(4) Unless
otherwise ordered by the Board, any pending investigation or disciplinary
proceeding shall be closed upon acceptance of the licensee's resignation under
subsection (2) above.
(5) Formal
acceptance by the Board of a resignation is not required unless the licensee is
currently or has been the subject of a complaint or disciplinary
investigation.
Statutory/Other Authority: ORS
670.310 &
673.410
Statutes/Other Implemented: ORS
673.410
