Proposed Text
A. The board shall charge the following fees for services it provides:
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Processing an initial application to take one or more sections of the CPA examination |
$120 |
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Processing an application for issuance of a Virginia license to a person |
$75 |
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Processing an application for issuance of a Virginia license to a firm |
$100 |
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Processing an application for the timely renewal of a person's Virginia license except as provided in subsection B of 18VAC5-22-180 |
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Processing an application for the timely renewal of a firm's Virginia license except as provided in subsection B of 18VAC5-22-180 |
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Additional fee for processing an application for the renewal of a person's or firm's Virginia license that is not timely |
$100 |
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Processing an application for reinstatement of a person's or firm's Virginia license |
$350 |
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Providing or obtaining information about a person's grades on sections of the CPA examination |
$25 |
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Processing requests for verification that a person or firm holds a Virginia |
$25 |
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Providing an additional CPA wall certificate |
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Additional fee for not responding within 30 calendar days to any request for information by the board under subsection A of 18VAC5-22-170 |
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B. All fees for services the board provides are due when the service is requested and are nonrefundable.
C. Any original application for a CPA license in Virginia will expire six years from the original application date, and a new application with the corresponding fees and requirements will need to be submitted.
D. Any original application for reinstatement of a CPA license in Virginia will expire three years from the original application date, and a new application with the corresponding fees and requirements will need to be submitted.
For the purpose of determining whether a person who holds a Virginia license is providing services to the public or to or on behalf of an employer, those terms are to be defined in accordance with § 54.1-4400 of the Code of Virginia.
Complying with subdivision A 1 of § 54.1-4409.1, subsection B of § 54.1-4411, or subsection B of § 54.1-4412.1 of the Code of Virginia requires the person or firm to use reasonable judgment in determining whether Virginia is the principal place of business in which: Virginia, a person or firm must hold a Virginia license if they practice public accounting and the principal place of business where they provide those services is in Virginia. The principal place of business shall generally be determined as follows:
1. The person provides services to the public; or If a firm has an office in Virginia, its principal place of business is deemed to be Virginia. In the event a firm has multiple offices in Virginia operating under the same entity, all locations can be covered under a single firm license.
2. The firm provides attest services, compilation services, or financial statement preparation services For individuals, the principal place of business is deemed to be Virginia if they are:
a. Owners, partners, or employees of a firm that practice public accounting in Virginia and are assigned to a firm's office located in Virginia; or
b. Independent contractors who practice public accounting in Virginia and maintain an office location in Virginia where the individuals perform services.
The determination shall be reasonable considering the facts and circumstances and can be based on quantitative or qualitative assessments. The determination shall be reconsidered for changes in facts and circumstances that are not temporary.
A. In order to comply with subdivision A 1 b of § 54.1-4409.2 of the Code of Virginia:
1. Each section of the CPA examination must be passed by attaining a uniform passing grade established through a psychometrically acceptable standard-setting procedure approved by the board.
2. Persons may take sections of the CPA examination in any order. A person who fails a section of the CPA examination may retake that section after the failing grade has been released, unless otherwise prescribed by the board.
a. Subject to subdivision 2 b of this subsection, a person who fails a section of the CPA examination may not retake that section until the next quarter of the calendar year unless otherwise prescribed by the board.
b. The board may decide to eliminate the current restriction outlined in subdivision 2 a of this subsection and allow a person to retake sections of the CPA examination as soon as the person's grade for any previous attempt of that same section has been released.
3. When a person first passes a section of the CPA examination, the person has 30 months to pass the remaining sections. If the remaining sections are not passed within the 30-month period, the person loses credit for the first section passed, and a new 30-month period starts with the next section passed. Depending on the facts and circumstances, the board may grant additional time to pass the remaining sections provided that the waiver or deferral is in the public interest.
B. Failure to comply with the policies established by the board for conduct at the CPA examination may result in the loss of eligibility to take the CPA examination or credit for sections of the CPA examination passed. Cheating by a person in connection with the CPA examination shall invalidate any grade earned on any section of the CPA examination and may warrant expulsion from the CPA examination site and disqualification from taking the CPA examination for a specified period of time as determined by the board.
C. The board may postpone scheduled CPA examinations, the release of grades, or the issuance of licenses suspend or revoke the privilege of CPA licensure in Virginia under the following circumstances:
1. A breach of CPA examination security;
2. Unauthorized acquisition or disclosure of the contents of a CPA examination;
3. Suspected or actual cheating, negligence, errors, omissions, or irregularities in conducting a CPA examination; or completing the CPA examination or any requirements of licensure; or
4. Any other reasonable circumstances.
D. Prior to being considered for a Virginia license, a person shall pass an ethics examination approved by the board.
A. A firm licensed in Virginia must (i) be at least 51% owned by persons who hold an active license or trustees of an eligible employee stock ownership plan as defined in § 13.1-543, and (ii) designate an active individual Virginia license holder as the principal licensee who will be responsible for the firm.
B. To comply with subdivision D 2 of § 54.1-4412.1 of the Code of Virginia, owners of a firm who are not licensees must be persons who, based on the facts and circumstances, participate in the firm's activities on a regular, continuous, and substantial basis.
In order to comply with subdivision D 6 of § 54.1-4412.1 of the Code of Virginia, a firm shall every Virginia licensed firm that provides services within the scope of the practice-monitoring program of the American Institute of Certified Public Accountants or its successor shall be enrolled and comply with all components of the monitoring program in which it is enrolled, except that, depending enrolled. Based on a firm’s risk profile, the board may require a firm to enroll in a specific practice-monitoring program. Depending on the facts and circumstances, the board may waive the requirement for a peer review or grant additional time for complying with the requirement.
A. Pursuant to § 54.1-4425 of the Code of Virginia, each licensee or applicant shall respond within 30 calendar days to any board request for information regarding compliance with any statutes or regulations pertaining to the board or any of the programs that may be in another title of the Code of Virginia for which the board has regulatory responsibility. When the requested response is not produced by the licensee or applicant within 30 calendar days, this nonproduction shall be deemed a violation of this rule, unless otherwise determined by the board.
B. Each holder of a Virginia license shall notify the board in writing within 30 calendar days of:
1. Any change in the holder's legal name or in the postal and electronic addresses where the person or firm may be reached;
2. Any administrative disciplinary action that the holder is the subject of or party to before any court, agency of the state or federal government, branch of the armed forces of the United States of America, or before the American Institute of Certified Public Accountants, the Virginia Society of Certified Public Accountants, or their successors;
3. Any conviction concerning a felony or misdemeanor, regardless of whether sentence is imposed, suspended, or executed;
4. Any guilty plea or plea of nolo contendere;
5. Any final judgment rendered against the holder in a civil court of law; or
6. Any receipt of a peer review report or a PCAOB firm inspection report containing criticisms of or identifying potential defects in the firm's quality control systems.
7. Any change that affects the ownership, operating status, or structure of a Virginia CPA firm.
C. Upon the renewal, reinstatement of, or the application for a Virginia license each person or entity shall notify the board in writing if any of the sanctions in subsection B of this section have occurred.
A. For Virginia licenses expiring on June 30, 2019, or later, the The holder of a Virginia license shall annually renew his license on or before June 30 of each calendar year by submitting a completed license renewal application and paying to the board a renewal fee as prescribed in 18VAC5-22-20.
B. If a person or entity applies for an initial license or reinstatement on or after March 1 of a calendar year, the license will not expire until June 30 of the following calendar year.
C. The board shall transmit license renewal notices electronically unless a person or firm is unable to communicate electronically. The responsibility for renewing a Virginia license is on its holder, and that responsibility is not affected by whether the holder receives a license renewal notice.
