State Board of Certified Public Accountants of Louisiana v. Donnelly

688 So. 2d 127, 96 La.App. 5 Cir. 822, 1997 La. App. LEXIS 540, 1997 WL 29283
CourtLouisiana Court of Appeal
DecidedJanuary 28, 1997
DocketNo. 96-CA-822
StatusPublished
Cited by3 cases

This text of 688 So. 2d 127 (State Board of Certified Public Accountants of Louisiana v. Donnelly) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Board of Certified Public Accountants of Louisiana v. Donnelly, 688 So. 2d 127, 96 La.App. 5 Cir. 822, 1997 La. App. LEXIS 540, 1997 WL 29283 (La. Ct. App. 1997).

Opinion

I2CANNELLA Judge.

Defendant, Dennis Donnelly, a Certified Public Accountant (CPA), appeals from a summary judgment granted to plaintiff, the State Board of Certified Public Accountants of Louisiana (the Board), in a case involving defendant’s failure to pay costs associated with a working papers review. We affirm.

The Board held a working papers review of defendant’s CPA practice in conformity with La.R.S. 87:75 in November of 1994. In response to the Board’s request, defendant sent the Board the appropriate papers, but included a notation that he believed the procedure to be without merit and that he did not consider himself responsible for payment of expenses associated with the review. Following the review, the Board found that defendant was substantially complying with the applicable standards for CPAs. With the decision, the Board sent defendant an invoice for expenses associated with the review in the amount of $50, all in accordance with R.S. 37:75. Defendant refused to pay and after Igfive attempts to collect the $50 with no success, one of the Board members filed an administrative complaint against defendant. A hearing was held on July 27, 1995. On August 21, 1995, a decision was rendered by the Board reprimanding defendant for failing to pay the working papers review costs, ordering him to pay the $50, a fine of $500 and all costs incurred by the Board associated with the proceedings, (including $885 for attorneys fees, $127.50 for court reporter fees and $40.58 for service, fax, postage, copying and telephone costs) all payable within 30 days and ordering publication of the Board’s action in the newsletter Lagniappe and notifying other boards of accountancy, appropriate agencies and organizations. The Board invoiced defendant for $1,603.08. Notice of the decision which outlined defendant’s appeal rights was forwarded to defendant on August 28, 1995. Defendant continued to refuse to pay the amount assessed in the decision. However, defendant did not either appeal the decision to the district court or ask for rehearing/reconsideration of the decision, as provided for in La.R.S. 49:964 and 49:959. The decision of August 21, 1995 became final.

On November 8, 1995, the Board filed a Petition to Enforce Decision and Order in the district court seeking a judgment to enforce the decision. Defendant responded with a Motion to Dismiss based on the Board’s “willful disregard of the facts through omission, misrepresentation, distortion of the sequence of events and self contradictory positions.” The Board opposed the Motion to Dismiss asserting that defendant failed to appeal or contest the decision timely under R.S. 49:964 or 49:959. This was [129]*129evidenced by an affidavit by the executive director, Mildred McGaha. The Motion to Dismiss was denied on June 6, 1996. On June 7, 1996, the Board requested a summary judgment, contending that there were no facts in dispute since defendant had faded to appeal the Board’s decision and that the Board was entitled to judgment as a matter of law. On June 10, 1996, defendant countered by filing a Motion for Production requesting information on the reviewers who conducted the working papers review and other ^discovery information. On June 28, 1996, defendant then filed for a summary judgment asserting that plaintiff failed to properly follow the administrative procedures for the hearing of the complaint and faded to properly respond to his Motion for Production. Defendant also filed a Motion to Compel discovery. After a hearing on the motions, on July 16, 1996, the trial judge granted the summary judgment of the Board and ordered defendant to pay the $50 plus other expenses totaling $1603.08. He further awarded an additional $500 in penalties and $500 for attorneys fees pursuant to La.R.S. 37:84(B). It is from this judgment of July 15,1996 that defendant now appeals.

On appeal, defendant filed a pro se brief, complaining that the Board failed to prove that it strictly complied with the Louisiana Administrative Code, LAC:46:XIX.2901. He contends that the Board failed to show that the charges were initiated by resolution. Defendant argues that R.S. 37:84, entitling the Board to summary judgment, is predicated upon the presumption of complete compliance with the Louisiana Administrative Code. The failure to observe and adhere to the tenets of the Administrative Code invalidates the Board’s actions. In addition, defendant asserts that the Board has not fully responded to defendant’s Requests For Production submitted June 10, 1996, despite a pending Motion to Compel. Defendant contends that these matters constitute genuine issues of material fact which preclude summary judgment.

The record shows that the working papers review found that defendant was complying with the standards and thus is a competent CPA in good standing. Defendant refused to pay the $50 in costs assessed by the Board because he objected to the entire procedure as established by La.R.S. 37:75, because he did not incur the bill or give the Board the authority to incur the bill for him. After sending defendant several bills, the Board sent him a notice from it’s attorney informing him that the Board was authorized by law to conduct the proceedings and to bill him for expenses and notifying him that formal Isproceedings would be brought if he did not pay. He responded in a letter of May 8, 1995 that he found it implausible that a disagreement with the Board with respect to an invoice represented a breach of professional conduct. He also stated that formal proceedings are not in the public interest because the it stifles legitimate dissent. He complained that the invoice does not itemize the services which prevents scrutiny of the reasonableness of the bill.

One of the Board members responded by initiating a formal complaint with the Board, asserting that defendant’s refusal to pay the $50 invoice reflects a complete disregard for the authority of the Board and therefore reflects adversely on his fitness to engage in the practice of public accounting. After the hearing, the Board used a written form to evaluate its findings of fact and decision. The form provides for a number of actions that the Board could take in any complaint. The Board could take no action, revoke or cancel the CPA certificate, revoke or suspend the license to practice, issue an official censure or reprimand, order payment of costs and a fine, publish the action in the CPA newsletter and other relevant entities, put defendant on probation and/or place other restrictions on him.

Under the statute, peer review for CPAs can be voluntary or involuntary, but all CPAs are regularly, randomly and periodically reviewed. R.S. 37:75. Defendant did not participate in a voluntary review, but was the subject of an involuntary review. In the voluntary review, the CPA brings his working papers to the Board and surrenders them for review. The Board is permitted to charge the CPA being reviewed reasonable expenses associated with the procedure.

[130]*130LA R.S. 37:75 provides for the duties and powers of the board. Paragraph 12 states that the Board may:

(12) Adopt and enforce rules and regulations providing for the board’s regular, periodic review of the form of audit, review, and compilation reports issued by individuals and firms registered with the board for compliance with applicable, generally accepted ^standards.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
688 So. 2d 127, 96 La.App. 5 Cir. 822, 1997 La. App. LEXIS 540, 1997 WL 29283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-board-of-certified-public-accountants-of-louisiana-v-donnelly-lactapp-1997.