§ 62-1-107 — Certificates - Issuance and renewal - Fees - Certification of accountants certified in other states - Certification of holders of equivalent foreign designations

(a) (1) The board shall grant or renew certificates to persons who make application and demonstrate that: (A) Their qualifications, including, where applicable, the qualifications prescribed by § 62-1-106 , are in accordance with subsections (b)-(i); or (B) They are eligible under the substantial equivalency standard set out in § 62-1-117 that requires licensure for those CPAs who establish their principal office in another state. (2) The holder of a certificate issued under this section may only provide attest services in a CPA firm that holds a permit issued under § 62-1-108 . (b) Certificates shall be initially issued and renewed for periods of no more than two (2) years. Every holder of a certificate as a certified public accountant or a registration as a public accountant shall be required to renew the certificate or registration biennially. Biennial renewal dates may be set by the board at its discretion. The renewal process established by the board may include procedures for odd-numbered certificates and registrations to be renewed within two (2) years from the date of issuance on odd-numbered years and even-numbered certificates and registrations to be renewed within two (2) years from the date of issuance on even-numbered years. The board shall set the biennial renewal fee. All certificates and registrations issued by the board and any holder of a certificate or registration shall relinquish the certificate or registration to the board within thirty (30) days after the certificate or registration has been suspended or revoked. (c) (1) With regard to applicants who do not qualify for reciprocity under the substantial equivalency standard set out in § 62-1-117 , the board shall issue a certificate to a licensee of another state upon a showing that: (A) The applicant passed the examination required for issuance of the applicant's certificate with grades that would have been passing grades at the time in this state; (B) The applicant had four (4) years of experience of the type described in § 62-1-106(f) or meets equivalent requirements prescribed by the board by rule after passing the examination upon which the applicant's certificate was based and within the ten (10) years immediately preceding the application; and (C) If the applicant's license was issued more than four (4) years prior to the application for issuance of an initial certificate under this section, the applicant has fulfilled the requirements of continuing professional education that would have been applicable under subsection (d). (2) As an alternative to the requirements of subdivision (c)(1), a licensee of another state who desires to establish the licensee's principal place of business in this state shall request the issuance of a certificate from the board prior to establishing the principal place of business. The board shall issue a certificate to such a person who obtains from the board or its designee verification that the individual's CPA qualifications are substantially equivalent to the CPA licensure requirements of this chapter. (d) For renewal of a certificate under this section, each licensee shall participate in a program of learning designed to maintain professional competency. The program of learning must comply with rules adopted by the board. The requirements established by the board shall prescribe regulations requiring continuing education of eighty (80) credit hours over a two-year period, with a minimum of twenty (20) credit hours in each year as a prerequisite for the renewal of a certificate. The board may by rule create an exception to this requirement for certificate holders who do not perform or offer to perform for the public one (1) or more kinds of services involving the use of accounting or auditing skills, including issuance of reports on financial statements or of one (1) 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. Licensees granted such an exception by the board must place the word "inactive" adjacent to their CPA title or PA title on any business card, letterhead or any other document or device, with the exception of their CPA certificate or PA registration, on which their CPA or PA title appears. (e) The board shall charge a fee for each application for initial issuance or renewal of a certificate under this section in an amount prescribed by the board. The board, by rule, may not require inactive licensees sixty-five (65) years of age or older, disabled persons who are unable to practice accountancy for a period of time and persons in active military service to pay a renewal fee. (f) Applicants for initial issuance or renewal of certificates under this section shall in their applications list all states in which they have applied for or hold licenses and list any past denial, revocation or suspension of a license; and each holder of or applicant for a certificate under this section shall notify the board in writing, within thirty (30) days after its occurrence, of any issuance, denial, revocation or suspension of a license by another state, change of address or employment or any conviction by a court of competent jurisdiction of a felony. (g) The board shall issue a certificate to a holder of a substantially equivalent foreign designation; provided, that: (1) The foreign authority that granted the designation makes similar provision to allow a person who holds a valid certificate issued by this state to obtain the 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; and (C) Was issued upon the basis of educational, examination and experience requirements established by the foreign authority or by law; and (3) The applicant: (A) Received the designation based on 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 set out in § 62-1-106(f) in the jurisdiction that granted the foreign designation or has completed four (4) years of professional experience in this state or meets equivalent requirements prescribed by the board by rule within the ten (10) years immediately preceding the application; and (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. (h) An applicant under subsection (g) shall in the application list all jurisdictions, foreign and domestic, in which the applicant has applied for or holds a designation to practice public accountancy; and each holder of a certificate issued under this subsection (h) shall notify the board in writing, within thirty (30) days after its occurrence, of any issuance, denial, revocation or suspension of a designation or commencement of a disciplinary or enforcement action by any jurisdiction or any conviction by a court of competent jurisdiction of a felony. (i) The board has the sole authority to interpret the application of subsections (g) and (h).

Legislative History

Amended by 2018 Tenn. Acts, ch. 551, s 1, eff. 3/9/2018. Acts 1998, ch. 700, § 4; 1999, ch. 65, §§ 2 - 4; 2002, ch. 654, §§ 6, 7.