§ 37:76 — Issuance and renewal of certificates and maintenance of competency

Louisiana § 37:76

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§76. Issuance and renewal of certificates and maintenance of competency
A.(1) The board shall grant or renew certificates to persons who make application
to the board and demonstrate that their qualifications are in accordance with the provisions
of this Part or that they are eligible under the substantial equivalency standard prescribed in
this Part.
(2) Only the holder of an active certificate may provide attest services and must do
so in a CPA firm that holds a permit issued pursuant to this Part.
B.(1) Certificates shall be initially issued and renewed annually. Applications for
such certificates shall be made in such form, and in the case of applications for renewal
between such dates, as the board shall specify.
(2) Issuance or renewal of a certificate shall not preclude the board from any further
investigation and action against such certificate or certificate holder. Any certificate which
is not timely renewed with all required information shall expire on the date specified by the
board. Any certificate which has expired because of nonrenewal may be reinstated by the
board upon payment of the renewal fee and any penalty fees as may be prescribed by the
board provided that the applicant is otherwise qualified for certification under this Part.
(3) Where an applicant seeks the opportunity to show that issuance of a certificate
was mistakenly denied or where the board is not able to determine whether the application
should be granted or denied, the board may issue a provisional certificate to the applicant.
Such provisional certificate shall expire one hundred twenty days after its issuance or when
the board determines whether or not to issue or renew the certificate for which application
was made, whichever occurs first.
C.(1) For those applicants who do not qualify for reciprocity under the substantial
equivalency standard provided for in this Part, the board shall issue a certificate to a holder
of an active certificate, license, or permit issued by another state upon a showing that:
(a) The applicant passed the examination required for issuance of a certificate with
grades that were set as passing at the time for each section of the Uniform CPA examination,
provided that, at such time, he was a bona fide candidate of such state as determined by the
board.
(b) The applicant has four years of experience outside of this state of the type
described in R.S. 37:75 or meets equivalent requirements prescribed by the board after
passing the examination upon which the applicant's certificate is based and within the ten
years immediately preceding the application.
(c) If the applicant's certificate, license, or permit was issued more than four years
prior to the application for issuance of an initial certificate pursuant to this Section, that the
applicant has fulfilled the requirements of continuing professional education that would have
been applicable pursuant to Subsection D of this Section.
(2) As an alternative to the requirements of Paragraph (1) of this Subsection, an
active certificate holder licensed by another state who desires to establish his principal place
of business in this state shall request the issuance of a certificate from the board prior to
establishing such principal place of business. The board shall issue an active certificate to
such person whose CPA qualifications are substantially equivalent to the CPA licensure
requirements of this Part as determined by the board or its designee.
D.(1) For renewal of an active certificate, each licensee shall participate in a program
of learning designed to maintain professional competency with regard to the current or
anticipated job duties of the licensee. Such program of learning shall comply with rules
adopted by the board, which rules shall broadly provide for programs of learning related to
any type of accounting, attest, management advisory, financial advisory, tax, or consulting
skills, or the licensee's current employment.
(2) The board may create an exception to such continuing education requirement for
certificate holders who do not perform or offer to perform for the public one or more kinds
of service involving the use of accounting or auditing skills, including issuance of reports on
financial statements, or of one or more kinds of management advisory, financial advisory,
or consulting services, or the preparation of tax returns or the furnishing of advice on tax
matters. Certificate holders granted such an exception by the board shall place either the
word "inactive" or "retired" adjacent to their CPA title on any business card, letterhead, or
any printed, electronic, or other form or communication, document or device, with the
exception of their CPA certificate on which their CPA title appears.
E. The board shall charge a fee for each application for initial issuance or renewal
of a certificate in an amount prescribed by rule.
F. Applicants for initial issuance, renewal, or reinstatement of certificates shall list
in their applications all reasonable and relevant information required by the board, which
may include but not be limited to all states in which they have applied for or hold certificates,
licenses, or permits, or information pertaining to any current investigation or past denial,
revocation, or suspension of a certificate, license, or permit. Each holder of or applicant for
a certificate shall notify the board in writing within thirty days after the occurrence of any
denial, revocation, or suspension of a certificate, license, or permit by another state.
G. The board may issue a certificate to a holder of a substantially equivalent foreign
designation provided that:
(1) The foreign authority which granted the designation makes similar provision to
allow a person who holds a valid certificate issued by this state to obtain such foreign
authority's comparable designation.
(2) The foreign designation:
(a) Was duly issued by a foreign authority that regulates the practice of public
accountancy and the foreign designation has not expired or been revoked or suspended.
(b) Entitles the holder to issue reports upon financial statements.
(c) Was issued upon the basis of educational, examination, and experience
requirements established by the foreign authority or by law.
(3) The applicant:
(a) Received the designation based upon educational and examination standards
substantially equivalent to those in effect in this state at the time the foreign designation was
granted.
(b) Completed an experience requirement substantially equivalent to the requirement
provided for in R.S. 37:75 in the jurisdiction which granted the foreign designation, or has
completed four years of professional experience in this state, or meets equivalent
requirements prescribed by the board within the ten years immediately preceding the
application.
(c) Passed a uniform qualifying examination in national standards and an
examination on the laws, regulations, and code of ethical conduct in effect in this state
acceptable to the board.
(4) An applicant, in addition to any other information required by the board, shall list
in the application all jurisdictions, foreign or domestic, in which the applicant has applied
for or holds a designation to practice public accountancy.
(5) Each holder of a certificate issued as provided by this Subsection shall notify the
board in writing within thirty days after the occurrence of any denial, revocation, or
suspension of a designation or commencement of a disciplinary or enforcement action by any
jurisdiction.
H. Only the board shall make determinations as to the applicability of the provisions
of Subsection G of this Section.

Legislative History

Acts 1979, No. 510, §1; Acts 1999, No. 473, §1, eff. June 18, 1999; Acts 2006, No. 214, §1; Acts 2016, No. 553, §1.