Current through Reg. 49, No. 38; September 20, 2024
The board shall not issue or renew a license to an
individual who has not earned the required CPE credits unless an exemption has
been granted by the board.
(1) The
board may consider granting an exemption from the CPE requirement during the
period for which the exemption is requested on a case-by-case basis if:
(A) a licensee completes and forwards to the
board an affidavit indicating that the licensee is not employed; or
(B) a licensee completes and forwards to the
board an affidavit indicating no association with accounting. The affidavit
shall include, as a minimum, a brief description of the duties performed, job
title, and verification by the licensee's immediate supervisor. For purposes of
this section, the term "association with accounting" shall include the
following:
(i) working, providing oversight
of accounting, or supervising 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
(ii) representing to the public,
including an employer, that the licensee is a CPA or public accountant in
connection with the sale of any services or products involving professional
accounting services as defined in the Rules of Professional Conduct, §
501.52(22)
of this title (relating to Definitions), including such designation on a
business card, letterhead, proxy statement, promotional brochure,
advertisement, or office; or
(iii)
offering testimony in a court of law purporting to have expertise in accounting
and reporting, auditing, tax, or management services; or
(iv) providing instruction in accounting
courses; or
(v) for purposes of
making a determination as to whether the licensee fits one of the categories
listed in this clause and clauses (i) - (iv) of this subparagraph, the
questions shall be resolved in favor of including the work as having an
association with accounting.
(C) a licensee not residing in Texas, who
submits an affidavit to the board that the licensee does not serve Texas
clients from out of state;
(D) a
licensee shows reasons of health, certified by a medical doctor, that prevent
compliance with the CPE requirement. A licensee must petition the board for the
exemption and provide documentation that clearly establishes the period of
disability and the resulting physical limitations;
(E) a licensee who is a military service
member during the period for which the exemption is requested, and files a copy
of orders to active military duty with the board; or
(F) a licensee shows reason which prevents
compliance that is acceptable to the board.
(2) A licensee who has been granted the
retired or disability status under §
515.8
of this title (relating to Retired or Disability Status) is not required to
report any CPE credits.
(3) A
licensee who no longer meets the eligibility requirements for an exemption
under this section or no longer qualifies for retired or disability status
under §
515.8
of this title shall be required to report sufficient CPE credits to be in
compliance with §
523.112
of this chapter (relating to Required CPE Participation). CPE credits shall be
earned in the technical area as described in §
523.102
of this chapter (relating to CPE Purpose and Definitions) and §
523.130
of this chapter (relating to Ethics Course Requirements).
