No. 40859 (5-year Review): Rule R156-26a. Certified Public Accountant Licensing Act Rule

DAR File No.: 40859
Filed: 10/06/2016 01:14:44 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 26a, provides for the licensure and regulation of certified public accountants (CPA) and CPA firms. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-26a-201(3) provides that the Utah Board of Accountancy's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the Division director. This rule was enacted to clarify the provisions of Title 58, Chapter 26a, with respect to certified public accountants and CPA firms.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since this rule was last reviewed in 2011, it has been amended two times. The Division did receive a 03/02/2015 written comment from Mat Young, American Institute of CPAs (AICPA) in which the association supported the proposed amendments in a proposed rule filing yet provided a suggested wording change. The Utah Board of Accountancy reviewed the written comment at its 04/01/2015 meeting and determined to make the rule effective with no further changes as had been recommended by the AICPA association.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 26a, with respect to certified public accountants and CPA firms. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct, definitions, and ethical standards relating to the profession.

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Dan Jones at the above address, by phone at 801-530-6720, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Effective:

10/06/2016

Authorized by:

Mark Steinagel, Director

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