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NEW JERSEY REGISTER
VOLUME 36, ISSUE 24
ISSUE DATE: DECEMBER 20, 2004
RULE ADOPTIONS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY STATE BOARD OF ACCOUNTANCY

Adopted New Rules: N.J.A.C. 13:29-1A.1, 1A.2, 1A.4, 1A.5 and 1A.7
Adopted Amendment: N.J.A.C. 13:29-2.3

General Rules; Examination and Licensure; Registered Municipal Accountants

Adopted Recodifications with Amendment: N.J.A.C. 13:29-1.6 as 1A.3, 1.7 as 1A.6, 1.8 as 1A.8, 1.11 as 1A.10 and 1.12 as 1A.9

Adopted Repeals: N.J.A.C. 13:29-1.3 and 1.10
Proposed: August 2, 2004 at 36 N.J.R. 3494(a).
Adopted: October 12, 2004 by the New Jersey State Board of Accountancy, Andrew L. DuBoff, CPA, President.

Filed: November 24, 2004 as R.2004 d.480, without change.
Authority: N.J.S.A. 45:2B-48 and 45:1-15.1

Effective Date: December 20, 2004.
Expiration Date: May 1, 2005.

Summary of Public Comment and Agency Response:

The official comment period ended October 1, 2004. The Board received no comments.

Federal Standards Statement

A Federal standards analysis is not required because the adopted amendments and new rules are governed by N.J.S.A. 45:2B-42 et seq., and are not subject to any Federal requirements or standards.

Full text of the adopted amendments and new rules follows:

Recodify existing 13:29-1.4 and 1.5 as 1.3 and 1.4 (No change in text)

Recodify existing 13:29-1.13 and 1.14 as 1.5 and 1.6 (No change in text)

SUBCHAPTER 1A. EXAMINATION AND LICENSURE

<< NJ ADC 13:29-1A.1 >>

13:29-1A.1 Applications for examination; applicant qualifications

(a) An applicant for licensure as a certified public accountant shall pass the computer-based Certified Public Accountant Examination, prepared by the Board of Examiners of the American Institute of Certified Public Accountants. Applications to take the Certified Public Accountant Examination shall be made on a form provided by the Board and shall be filed with the Board by the due date specified by the Board in the application form.

(b) An application to take the Certified Public Accountant Examination shall not be considered filed until the applicant remits the application fee set forth in N.J.A.C. 13:29-1.5 and the examination fee set forth in the application, and the applicant has satisfied the requirements set forth in N.J.A.C. 13:29-1A.3.

(c) Applicants shall appear upon request before the Board or any Committee appointed by the Board for the purpose of determining whether the applicant satisfies the requirements set forth at N.J.A.C. 13:29-1A.3.

(d) An applicant who fails to appear for the Certified Public Accountant Examination shall forfeit all fees remitted for the application. An applicant who fails to appear shall also forfeit all fees remitted for the examination unless the applicant can demonstrate good cause for the failure to appear. Upon a demonstration of good cause, the examination fees may be applied to a future examination.

(e) The Board or its designee shall forward notification of an applicant's eligibility to take the Certified Public Accountant Examination to the National Association of State Boards of Accountancy (NASBA) National Candidate Database.

(f) Eligible applicants shall be notified at the time and place of the Certified Public Accountant Examination by the Board or its designee.

<< NJ ADC 13:29-1A.2 >>

13:29-1A.2 Examination

(a) Upon approval of an examination application submitted pursuant to N.J.A.C. 13:29-1A.1, an admission card shall be sent to the applicant which shall be used for admittance to the examination room. The card shall be kept in the possession of the applicant during the Certified Public Accountant Examination and handed to a proctor at the conclusion of the applicant's examination.

(b) Applicants for the Certified Public Accountant Examination shall be given a number for identification purposes and only this number shall be used for testing purposes.

(c) The advisory grading service provided by the American Institute of Certified Public Accountants shall be utilized and, to pass the examination, an applicant shall receive a minimum grade of 75 in each test section.

(d) An applicant shall pass all four test sections of the Certified Public Accountant Examination. Upon receipt of advisory grades from the examination provider, the Board shall review and accept the examination grades and shall report the official results to the applicant.

<< NJ ADC 13:29-1A.3 >>

13:29-1A.3 Applications for examination; education and experience requirements

(a) Applications to take the Certified Public Accountant Examination shall be accompanied by the following items:

1.-2. (No change.)

(b) Except as provided in (c) below, an applicant to take the Certified Public Accountant Examination shall satisfy the following educational requirements in order to qualify for licensure:

1. (No change.)

2. After July 1, 2000, an applicant to take the Certified Public Accountant Examination shall have completed at least 150 hours of education, including a baccalaureate or higher degree. An applicant shall be deemed to have satisfied the educational requirement if, as part of the 150 semester hours of education, the applicant has satisfied any one of the following four conditions:

i.-iv. (No change.)

(c) (No change.)

(d) An applicant for a Certified Public Accountant's license who meets the requirements of (b) or (c) above to the Board's satisfaction shall be granted admission to sit for the Certified Public Accountant Examination.

(e) An applicant who has passed all parts of the Certified Public Accountant Examination shall furnish evidence of one year of intensive and diversified experience in the practice of public accounting or its equivalent under the supervision of a Board licensee. Experience shall be obtained in full-time regular employment based on a minimum of 35 hours per week. Part time experience shall be considered equivalent if acquired within two consecutive years and in no less than the same amount of hours required for full time experience. Experience shall be considered intensive and diversified if experience is acquired in the areas of auditing or accounting. Such evidence shall take the form of a notarized affidavit on the employer's letterhead indicating in detail the nature of the intensive and diversified experience in auditing or accounting.

(f)-(h) (No change.)

<< NJ ADC 13:29-1A.4 >>

13:29-1A.4 Granting of examination credit; reexamination; conditional credit

(a) An applicant may take the required test sections of the Certified Public Accountant Examination individually and in any order. Credit for any test section(s) passed shall be valid for 18 months from the actual date the applicant took that test section, without having to attain a minimum score on any failed test section(s) and without regard to whether the applicant has taken other test sections.

(b) The applicant shall take and pass all four test sections of the Certified Public Accountant Examination within a rolling 18-month period, which begins on the date that the first test section(s) passed within such rolling 18-month period is taken.

(c) In the event that the applicant does not take and pass all four test sections of the Certified Public Accountant Examination within the rolling 18- month period, credit for any test section(s) passed outside the new 18-month period, which shall commence pursuant to (b) above, shall expire and that test section(s) shall be retaken.

(d) Applicants shall not retake a failed test section(s) in the same examination window. For purposes of this section, "examination window" means a three-month calendar quarter during which applicants have an opportunity to take the Certified Public Accountant Examination (comprised of the first two months of such quarter during which the examination is available to be taken and the final month of such quarter during which the examination will not be offered while routine maintenance is performed and the item bank is refreshed).

(e) An applicant shall retain credit for any and all test sections of an examination passed in another state if such credit would have been given, under then applicable requirements, if the applicant had taken the examination in this State.

(f) The Board may, in particular cases, extend the term of conditional credit validity notwithstanding the requirements of provisions in (a) through (d) above, upon a showing that the credit was lost by reason of circumstances beyond the applicant's control or in cases of substantial hardship presented by the applicant to the Board.

(g) An applicant shall be deemed to have passed the Certified Public Accountant Examination once the applicant holds at the same time valid credit for passing each of the four test sections of the examination. For purposes of this section, credit for passing a test section of the examination shall be valid from the actual date of the testing event for that test section, regardless of the date the applicant actually receives notice of the passing grade.

<< NJ ADC 13:29-1A.5 >>

13:29-1A.5 Transition period for conditional credit earned in or before November 2003

(a) Applicants having earned conditional credit on the paper-and-pencil Certified Public Accountant Examination in or before November 2003, consistent with N.J.A.C. 13:29-1A.6, shall retain conditional credit for the corresponding test sections of the computer-based Certified Public Accountant Examination, consistent with (b) below, as follows:

Paper-and-Pencil Examination Computer-Based Examination
Auditing Auditing and Attestation
Financial Accounting and Reporting (FARE) Financial Accounting and Reporting
Accounting and Reporting (ARE) Regulation
Business Law and Professional Responsibilities (LPR) Business Environment and Concepts

(b) Applicants who have attained conditional status in or before November 2003 shall be allowed a transition period to complete any remaining test sections of the Certified Public Accountant Examination. The transition period shall be the maximum number of opportunities that applicants who have obtained conditional credit under the paper-and-pencil examination have remaining after the November 2003 examination, consistent with N.J.A.C. 13:29-1A.6, to complete all remaining test sections, or a time period equal to the number of remaining opportunities under the paper-and-pencil examination multiplied by six months (which time period shall commence on the start date of the computer-based examination), whichever is first exhausted, as follows:

1. If conditional status was earned during the May 1999 examination, the transition period shall expire on October 31, 2004 during which time the applicant shall have one opportunity to take the examination;

2. If conditional status was earned during the November 1999 examination, the transition period shall expire on April 30, 2005 during which time the applicant shall have two opportunities to take the examination;

3. If conditional status was earned during the May 2000 examination, the transition period shall expire on October 31, 2005 during which time the applicant shall have three opportunities to take the examination;

4. If conditional status was earned during the November 2000 examination, the transition period shall expire on April 30, 2006 during which time the applicant shall have four opportunities to take the examination;

5. If conditional status was earned during the May 2001 examination, the transition period shall expire on October 31, 2006 during which time the applicant shall have five opportunities to take the examination;

6. If conditional status was earned during the November 2001 examination, the transition period shall expire on April 30, 2007 during which time the applicant shall have six opportunities to take the examination;

7. If conditional status was earned during the May 2002 examination, the transition period shall expire on October 31, 2007 during which time the applicant shall have seven opportunities to take the examination;

8. If conditional status was earned during the November 2002 examination, the transition period shall expire on April 30, 2008 during which time the applicant shall have eight opportunities to take the examination;

9. If conditional status was earned during the May 2003 examination, the transition period shall expire on October 31, 2008 during which time the applicant shall have nine opportunities to take the examination; or

10. If conditional status was earned during the November 2003 examination, the transition period shall expire on April 30, 2009 during which time the applicant shall have 10 opportunities to take the examination.

(c) If an applicant who has previously obtained conditional credit does not pass all remaining test sections during the transition period within the number of opportunities provided in (b) above, conditional credits earned under the paper-and-pencil Certified Public Accountant Examination shall expire and the applicant shall lose credit for the test sections earned under the paper-and-pencil examination.

(d) Notwithstanding (c) above, any test section(s) passed during the transition period shall be subject to the conditioning provisions set forth in N.J.A.C. 13:29-1A.4, except that an applicant who has previously obtained conditional credit under the paper and pencil examination shall not lose conditional credit for a test section of the computer-based examination that is passed during the transition period, even though more than 18 months may have elapsed from the date the test section is passed, until the end of the transition period.

<< NJ ADC 13:29-1A.6 >>

13:29-1A.6 Calculation of conditional credit earned on the paper and pencil examination in or before November 2003

(a) This section shall apply to conditional credit earned in the Certified Public Accountant Examination in or before November 2003. Conditional credit earned after the November 2003 examination shall be subject to the requirements of N.J.A.C. 13:29-1A.5.

(b) (No change.)

(c) This section shall expire on April 30, 2009.

<< NJ ADC 13:29-1A.7 >>

13:29-1A.7 Security and irregularities; cheating

(a) Notwithstanding any other provisions of this subchapter, the Board may postpone scheduled examinations, the release of grades, or the issuance of licenses due to a breach of examination security; unauthorized acquisition or disclosure of the contents of an examination; suspected or actual negligence, errors, omissions, or irregularities in conducting an examination; or for any other reasonable cause or unforeseen circumstance.

(b) Cheating by an applicant in applying for, taking, or subsequent to the examination shall be deemed to invalidate any grade otherwise earned by the applicant on any test section of the examination, and may warrant summary expulsion from the test site and disqualification from taking the examination for a specified period of time.

(c) For purposes of this section, the following actions or attempted activities, among others, may be considered cheating:

1. Falsifying or misrepresenting educational credentials or other information required for admission to the examination;

2. Communication between applicants while the examination is in progress both inside or outside the test site or copying another applicant's answers;

3. Communication with others inside or outside the test site while the examination is in progress;

4. Substitution of another person to sit in the test site in place of the actual applicant;

5. Violating the nondisclosure prohibitions of the examination or aiding or abetting another in doing so; or

6. Retaking or attempting to retake a test section by an individual holding a valid license or by an applicant who has unexpired credit for having already passed the same test section, unless the individual or applicant has been expressly directed to retake the test section pursuant to a Board order or expressly authorized by the Board to retake the test section.

(d) In any case where it appears that cheating has occurred or is occurring, the applicant may be summarily expelled from the examination or moved to a position in the test site away from other examinees where the applicant may be watched more closely.

<< NJ ADC 13:29-1A.8 >>

13:29-1A.8 Applications for license by endorsement

(a) (No change.)

(b) Applications for licensure by endorsement shall be accompanied by the following items:

1. The endorsement, initial license and application fees as set forth in N.J.A.C. 13:29-1.5;

2. (No change.)

(c) Applicants shall appear upon request before the Board or any Committee appointed by the Board for the purpose of determining whether the applicant satisfies the requirements set forth at N.J.A.C. 13:29-1A.3.

<< NJ ADC 13:29-1A.9 >>

13:29-1A.9 Public School Accountant's license

The holder of a license as a Certified Public Accountant or registered municipal accountant shall be granted a Public School Accountant's license upon application to the Board, and the payment of a fee for a period of three years, as set forth in N.J.A.C. 13:29-1.5.

<< NJ ADC 13:29-1A.10 >>

13:29-1A.10 Licensee requirements; renewal; suspended license; reinstatement

(a) Applicants who satisfy the requirements of this subchapter shall pay the initial license fee as set forth in N.J.A.C. 13:29-1.5.

(b) (No change.)

(c) A Certified Public Accountant shall renew his or her license for a period of three years from the last expiration date. The licensee shall remit a renewal application to the Board, along with the renewal fee set forth in N.J.A.C. 13:29-1.5, prior to the date of license expiration. A licensee who submits a renewal application within 30 days following the date of license expiration shall submit the renewal fee, as well as the late fee set forth in N.J.A.C. 13:29-1.5. A licensee who fails to submit a renewal application within 30 days of the date of license expiration shall have his or her license suspended without a hearing.

(d) (No change.)

(e) A licensee who has had his or her license suspended pursuant to (c) above may apply to the Board for reinstatement within five years following the date of license expiration. A licensee applying for reinstatement shall submit a renewal application, all past delinquent renewal fees and the reinstatement fee set forth in N.J.A.C. 13:29-1.5, as well as evidence of having completed all delinquent continuing professional education credit hours consistent with the requirements set forth in N.J.A.C. 13:29-6.2(c).

<< NJ ADC 13:29-2.3 >>

13:29-2.3 Licensee requirements; renewal; suspended license; reinstatement

(a) Applicants who satisfy the requirements of this subchapter shall pay the initial license fee set forth in N.J.A.C. 13:29-1.5.

(b) (No change.)

(c) The holder of a Registered Municipal Accountant's license shall renew the license for a period of three years from the last expiration date. A licensee shall remit a renewal application to the Board, along with the renewal fee set forth in N.J.A.C. 13:29-1.5, prior to the date of license expiration. A licensee who submits a renewal application within 30 days following the date of license expiration shall submit the renewal fee, as well as the late fee set forth in N.J.A.C. 13:29-1.5. A licensee who fails to submit a renewal application within 30 days of the date of license expiration shall have his or her license suspended without a hearing.

(d) (No change.)

(e) A licensee who has had his or her license suspended pursuant to (c) above may apply to the Board for reinstatement within five years following the date of license expiration. A licensee applying for reinstatement shall submit a renewal application, all past delinquent renewal fees and the reinstatement fee set forth in N.J.A.C. 13:29-1.5, as well as evidence of having completed all delinquent continuing professional education credit hours consistent with the requirements set forth in N.J.A.C. 13:29-6.2(c).

   
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