201 KAR 1:140. Procedures for the reinstatement or reissuance of a license.

 

      RELATES TO: KRS 325.330(6), 325.370

      STATUTORY AUTHORITY: KRS 325.240(2), 325.330(6), (7), 325.370(2)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 325.330(6) and (7) and 325.370 authorize the board to reinstate and reissue licenses that have expired, been suspended, revoked or denied renewal. This administrative regulation establishes the procedures for reinstating or reissuing a license.

 

      Section 1. Definition. "Accounting or auditing course" means a field of study dealing with pronouncements of authoritative accounting principles issued by the standard setting bodies and other related subjects generally classified with the accounting discipline and shall include auditing subjects related to the examination of financial statements, operations, systems and programs; the review of internal and management controls; the reporting on the results of audit findings; compilations; and reviews but shall not include courses in tax and computer software training classes.

 

      Section 2. A licensee who failed to renew his or her license by the August 1 renewal date shall be allowed to renew his or her license by complying with the requirements of KRS 325.330(7), 201 KAR 1:100, 201 KAR 1:065, and paying a $100 late fee if the license is renewed online on or before September 1 or the renewal materials and payment are received at the board office on or before September 1.

 

      Section 3. (1) A license expired for a period of more than one (1) month or voluntarily surrendered for any reason except when a complaint is pending before the board may be considered by the board for reinstatement if the applicant:

      (a) Submits a completed "License Reinstatement Application";

      (b) Documents compliance with the continuing professional education requirements established in subsection (2) of this section; and

      (c) Submits a money order or check in the amount of $200 made payable to the Kentucky State Board of Accountancy.

      (2) An applicant shall document successful completion of either sixty (60) or eighty (80) hours of continuing professional education, based on the amount of hours the applicant was to have completed when the applicant’s license expired or was voluntarily surrendered. The hours shall:

      (a) Include accounting or auditing courses that comprise at least one-half of the total amount of hours of continuing professional education required for the applicant;

      (b) Include two (2) hours of coursework in professional ethics;

      (c) Have been completed within two (2) years of the reinstatement request; and

      (d) Not have been previously used to satisfy Kentucky license renewal requirements.

      (3) An individual who at the time of submitting an application is actively licensed in another state that maintains a continuing education requirement shall satisfy all of the requirements of this section except for the continuing education hours required by subsection (2) of this section.

 

      Section 4. (1) If a license was revoked for reasons other than failure to satisfy the continuing professional education requirements, it may be considered for reinstatement if the applicant for reinstatement submits to the board fifteen (15) days prior to the next scheduled meeting:

      (a) A letter:

      1. Requesting reinstatement;

      2. Specifying the manner in which the applicant for reinstatement has complied with the terms of a disciplinary order of the board; and

      3. A statement of the reasons the board for the reinstatement request.

      (2)(a) Except as provided in paragraph (b) of this subsection, the board shall:

      1. Review the request for reinstatement, the findings of fact, conclusions of law, and board order;

      2. Affirm or deny the request; and

      3. If denied, state in writing the corrective or remedial education, training or review required before reinstatement shall be granted.

      (b) The board shall not consider a request for reinstatement submitted to the board prior to the date for resubmission that is specified in the disciplinary order of the board.

      (3)(a) If an applicant for reinstatement disagrees with the board's determination under this section, he or she may file a written request for a hearing before the board.

      (b) A hearing held pursuant to the provisions of this subsection shall be conducted in accordance with KRS 325.360 and 201 KAR 1:150.

 

      Section 5. Incorporation by Reference. (1) "Reinstatement License Application", January 2011, is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the State Board of Accountancy, 332 W. Broadway, Suite 310, Louisville, Kentucky 40202, Monday through Friday, between 8 a.m. to 4:30 p.m. (18 Ky.R. 3069; eff. 6-7-92; Am. 20 Ky.R. 2043; 2775; eff. 3-8-94; 28 Ky.R. 1671; 2189; eff. 4-15-2002; 37 Ky.R. 1508; 1969; eff. 3-4-2011.)