Article 1.--EXAMINATIONS

 

74-1-1.  Type of examination.  The uniform certified public accountant examination prepared by the American institute of certified public accountants shall be used for all examinations.  (Authorized by K.S.A. 1-202 and K.S.A. 1-304, as amended by 2003 HB 2241, § 3; implementing K.S.A. 1-302 and K.S.A. 1-304, as amended by 2003 HB 2241, §3; effective Jan. 1, 1966; amended Nov. 14, 2003.)

 

74-1‑2. Determining and reporting examination grades.  (a) Each testing candidate shall be required to pass all test sections of the examination in order to qualify for a certificate.

         (b) Each testing candidate shall be required to attain at least a minimum grade established through a psychometrically acceptable, standard-setting procedure approved by the board.

         (c) Upon the board’s receipt of each candidate’s advisory grades from the examination provider, the grades shall be reviewed and may be adopted by the board.  The examination grades shall be reported to the testing candidate.  (Authorized by K.S.A. 1-202 and K.S.A. 2006 Supp. 1-304, as amended by L. 2007, ch. 97, § 2; implementing K.S.A. 2006 Supp. 1-304, as amended by L. 2007, ch. 97, § 2; effective Jan. 1, 1966; amended Nov. 17, 2000; amended Nov. 14, 2003; amended January 11, 2008.)

 

          74-1-3.  Retaking the examination and granting of credits. (a) Each testing candidate shall be deemed to have passed the examination if the candidate obtains credit for passing each of the four test sections.  Credit for passing a test section shall be valid from the date of the examination regardless of the date on which the testing candidate receives actual notice of the passing grade.

          (b) A testing candidate may take the test sections individually and in any order.  Credit for passing any test section shall be valid for 18 months from the date of testing regardless of the number of sections taken or the scores on any failed sections.

          (c) Each testing candidate shall pass all four test sections within a rolling 18-month period that begins on the date the first test section passed is taken. If all four test sections are not passed within this 18-month period, credit for any test section passed outside the 18-month period shall expire.

          (d) A testing candidate shall not retake a failed section within the same examination window.  An examination window shall be a consecutive three-month period comprised of two months in which the examination is offered and one month when the examination is not offered.

          (e) Each testing candidate shall retain credit for any test section passed in another state if the credit would have been given if the testing candidate had taken the examination in Kansas.

          (f) Notwithstanding subsections (a), (b), and (c), the period of time in which to pass all sections of the examination may be extended by the board upon a showing that the credit was lost by reason of circumstances beyond the testing candidate's control. (Authorized by K.S.A. 1-202 and K.S.A. 2006 Supp. 1-304, as amended by L. 2007, ch. 97, § 2; implementing K.S.A. 2006 Supp. 1-304, as amended by L. 2007, ch. 97, § 2; effective Jan. 1, 1966; amended, E-82-27, Dec. 22, 1981; amended May 1, 1982; amended Jan. 12, 1996; amended Nov. 14, 2003; amended January 11, 2008.)

 

74-1-4.  Transfer of examination credit.  An applicant for the certificate of certified public accountant who has passed two (2) or more sections of the uniform certified public accountant examination under the jurisdiction of another state shall be given conditional credit by this board for successfully passing those subjects provided the applicant:  (a) Has established residence in Kansas;

(b) Has passed two (2) or more sections of the uniform certified public accountant examination in accordance with K.A.R. 74-1-3, and the grades have been determined by the advisory grading service of the board of examiners of the American institute of certified public accountants; and

(c) At the time of applying to transfer the credit earned in another state the applicant is still eligible to be re-examined in that state except for reason of change of residence.  (Authorized by K.S.A. 1-202(a), as amended s 5; effective Jan. 1, 1966; amended May 1, 1982.)

 

74-1-5.  Revoked July 18, 1997.

 

74-1-6.  Refund of examination fees.  (a) Any examination fee may be refunded by the board to a testing candidate who is unable to be present for an examination if the board determines that the testing candidate had an acceptable reason for not sitting.  Acceptable reasons shall include a documented illness, death in the immediate family, and any other reason that the board determines to be unavoidable.

       (b) Each refunded examination fee shall be subject to a 25 percent processing fee.  (Authorized by K.S.A. 1-202 and K.S.A. 2006 Supp. 1-304, as amended by L. 2007, ch. 97, §­ 2; implementing K.S.A. 2006 Supp. 1-304, as amended by L. 2007, ch. 97, § 2; effective July 18, 1997; amended Nov. 14, 2003; amended January 11, 2008.)

 

          74-1-7.  Examination security. Scheduled examinations, the grading of examinations, and the issuance of certificates may be postponed by the board for any of the following reasons:

(a) Breach of examination security;

(b)  unauthorized acquisition or disclosure of the contents of an examination;

(c)  suspected or actual negligence, errors, omissions, or irregularities in conducting examinations; or

(d) any other reasonable cause or unforeseen circumstance. (Authorized by K.S.A. 1999 Supp. 1-202, as amended by L. 2000, Ch. 81, § 4; implementing K.S.A. 1999 Supp. 1-302, as amended by L. 2000, Ch. 81, § 7; effective Nov. 17, 2000.)

 

74-1-8.  Administration of examination; cheating. (a) Either of the following actions by a testing candidate shall invalidate any grade otherwise earned on any test section and may warrant the candidate's summary expulsion from the test site and disqualification from taking the examination for a specified period of time:

(1) Failing to comply with the testing administrator's instructions; or

(2) cheating in applying for or taking the examination.

(b) The following actions or attempted actions by a testing candidate may be considered cheating:

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

(2) any communication between testing candidates inside or outside the test site or copying another testing candidate's answers while the examination is in progress;

(3) with the exception of persons associated with the examination process, any communication with others inside or outside the test site while the examination is in progress;

(4) the substitution of another person to sit in the test site in the stead of a testing candidate;

(5) other than those materials provided to the testing candidate as part of the examination, referring to cribnotes, textbooks, or any other materials or electronic media inside or outside the test site while the examination is in progress;

(6) violating the nondisclosure prohibitions of the examination or aiding or abetting another in doing so; and

(7) retaking or attempting to retake a test section by an individual holding a valid certificate or by a testing candidate who has unexpired credit for having already passed the same test section, unless the individual has been authorized to retake a test section or has been expressly authorized by the board to do so.

(c) If it appears that a testing candidate has failed to comply with the testing site administrator's instructions or that cheating has occurred or is occurring, the testing candidate either may be eithesummarily expelled by the board or its designee or may be moved to a position in the testing center away from other testing candidates.

(d) If the board has reason to believe that a testing candidate either has failed to comply with the testing site administrator's instructions or has cheated on the examination, an investigation and a hearing may be conducted by the board to determine whether the testing candidate will be given credit for any of the test sections and whether the testing candidate will be barred from taking the examination for a specified period of time.

(e) If the board determines that a testing candidate has failed to comply with the testing site administrator's instructions or that cheating occurred but the board allows a testing candidate to take any subsequent examinations, any of the following actions may be taken by the board:

(1) Admonish the testing candidate;

(2) seat the testing candidate in a segregated location for the rest of the examination;

(3) keep a record of the testing candidate's seat location and identifying information as well as the names and identifying information of the testing candidates in close proximity to the candidate; or

(4) provide information concerning the circumstances of the cheating to the national candidate database, the American institute of certified public accountants, and the testing center.

        (f) Other state regulatory boards may be notified by the board of the board's findings and any actions taken against a testing candidate who is refused credit for any test section, disqualified from taking any test section, or barred from taking the examination in the future. (Authorized by K.S.A. 1-202 and K.S.A. 2006 Supp. 1-304, as amended by L. 2007, ch. 97, § 2; implementing K.S.A. 2006 Supp. 1-304, as amended by L. 2007, ch. 97, §  2; effective Nov. 14, 2003; amended January 11, 2008.)

 

 

Article 2.--APPLICATIONS

 

         74-2-1.  Applications for examination.  (a) Each application to take the certified public accountant examination shall be submitted on a form provided by the board or its designee and shall be filed by a date specified in the application.

        (b) An application shall not be considered filed until the following conditions are satisfied:

        (1) All information requested on the form is provided.

      (2) All fees are included with the application.

        (3) Official transcripts and any documents that establish that the applicant has satisfied the education requirements in K.A.R. 74-2-7 and K.S.A. 1-302a, and amendments thereto, are provided with the application.

        (4) All supporting documents identified in the application form are received, including proof of identity as specified in the application form. (Authorized by K.S.A. 1-202 and K.S.A. 1-304, as amended by 2003 HB 2241, § 3; implementing K.S.A. 1-304, as amended by 2003 HB 2241, § 3; effective Jan. 1, 1966; amended May 1, 1978; amended, E-82-27, Dec. 22, 1981; amended May 1, 1982; amended July 18, 1997; amended Nov. 17, 2000; amended Nov. 14, 2003.)

 

74-2-2.  Evaluation of college credits.  In evaluating credit hours earned at a college or university operating under the quarter plan, these hours shall be converted to semester hours at the rate of two (2) semester hours for every three (3) quarter hours.  (Authorized by K.S.A. 1-202; effective Jan. 1, 1966; amended May 1, 1978.)

 

74‑2‑3. Submission of college transcripts. (a) An individual applying for admission to the examination, or for issuance of a certificate as certified public accountant by waiver of examination, shall submit with the application official college transcripts and include the number of hours of credit received in courses that are listed in K.A.R. 74-2-7.  College transcripts shall not be returned.

(b) Transcripts received from foreign universities shall be evaluated by a credentialing evaluation service approved by the board.  (Authorized by K.S.A. 1999 Supp. 1‑202, as amended by L. 2000, Ch. 81, § 4; implementing K.S.A. 1999 Supp. 1-202, as amended by L. 2000, Ch. 81, § 4, K.S.A. 1‑302a, as amended by L. 2000, Ch. 81, § 8, K.S.A. 1999 Supp. 1-307, as amended by L. 2000, Ch. 81, § 10; effective Jan. 1, 1966; amended Jan. 1, 1972; amended Feb. 15, 1977; amended May 1, 1978; amended, E-82-27, Dec. 22, 1981; amended May 1, 1982; amended  Nov. 17, 2000.)

 

74‑2‑4.  (Authorized by K.S.A. 1999 Supp. 1-202, as amended by L. 2000, Ch. 81, § 4; implementing K.S.A. 1-302a, as amended by L. 2000, Ch. 81,  § 8; effective Jan. 1, 1966; amended Jan. 1, 1972; amended Feb. 15, 1977; amended May 1, 1978; amended Nov. 17, 2000; revoked Nov. 14, 2003.)

 

74-2-5.  Residence requirement for examination.  To be eligible for the initial or complete re-examination in Kansas, a candidate must be a resident or have a place of business as a public accountant in, or be permanently employed by a public accounting firm in Kansas.  The board may require satisfactory proof that the candidate meets this requirement.  (Authorized by K.S.A. 1-202; effective Jan. 1, 1972; amended Jan. 1, 1973; amended May 1, 1978.)

 

74-2-7.  Concentration in accounting.  (a) The "concentration in accounting" courses required to qualify for admission to the certified public accountant examination shall be as follows:

(1) At least 42 semester credit hours in business and general education courses, including the following:

(A) Macro- and micro-economics plus one upper division economics course;

(B) at least two courses in the legal aspects of business or business law;

(C) college algebra or higher level math course;

(D) statistics and probability theory course;

(E) computer systems and applications course;

(F) finance course;

(G) management and administration course;

(H) marketing course; and

(i) production, operations research, or applications of quantitative techniques to business problems course;

(2) at least 11 semester credit hours in courses in written and oral communications; and

(3) at least 30 semester credit hours in courses in accounting theory and practice, including the following:

(A) Financial accounting course;

(B) managerial accounting beyond an introductory course;

(C) auditing course;

(D)  income tax course; and

(E)  accounting systems beyond an introductory computer course.

          (b) The following types of credits awarded by a college or university approved by the board shall be accepted by the board for purposes of determining compliance with subsection (a), if the credits are related to those areas specified in subsection (a):

         (1)  Credit for advanced placement;

         (2)  credit by examination; and

         (3)  credit for military education.

         Credits recognized by the board pursuant to this subsection shall not exceed a total of six semester hours.

         (c) Credit shall not be allowed for any course that is only audited.

         (d) Any credits earned for an accounting internship may count toward the overall 150-hour education requirement, but these credits shall not be acceptable in satisfaction of the required 30 hours of accounting theory and practice.

         (e) Credits earned for CPA exam review courses shall not be acceptable in satisfaction of the required 30 hours of accounting theory and practice.  However, these credits may be used toward the overall 150-hour education requirement.

         (f) Not to exceed a total of six hours, up to three hours of course requirements specified in paragraph (a)(1), (a)(2), or (a)(3) may be waived by the board, for good cause and upon receipt of satisfactory verification that the applicant has otherwise met the requirements.  (Authorized by and implementing K.S.A. 2006 Supp. 1-302a, as amended by L.. 2007, ch. 131, § 1; effective Jan. 1, 1973; amended Feb. 15, 1977; amended May 1, 1978; amended May 1, 1979; amended July 22, 1991; amended Sept. 25, 1998; amended January 11, 2008.)

 

Article 3.--ISSUANCE OF CERTIFICATES

 

74‑3‑8.  Ethics examination requirement for issuance of certificate. Satisfactory completion of an examination in professional ethics approved by the board shall be required for issuance of the Kansas certificate.  (Authorized by K.S.A. 1999 Supp. 1‑202, as amended by L. 2000, Ch. 81, § 4; implementing K.S.A. 1999 Supp. 1‑302, as amended by L. 2000, Ch. 81, § 7; effective Feb. 15, 1977; amended, E-82-27, Dec. 22, 1981; amended May 1, 1982; amended Nov. 17, 2000.)

 

Article 4.--PERMITS TO PRACTICE

 

74-4-1. (Authorized by K.S.A. 1997 Supp. 1-202 and K.S.A. 75-1119; implementing K.S.A. 1997 Supp. 1-316, K.S.A. 75-1119, and 75-1128; effective Jan. 1, 1966; amended Jan. 1, 1970; amended Jan. 1, 1972; amended May 1, 1985; amended Jan. 12, 1996; amended Sept. 25, 1998; revoked Nov. 17, 2000.)

 

74-4-1a.  Experience requirements for attest services. (a) Each permit holder who supervises attest services or who signs or authorizes a person to sign a report on any audit, attest, review, or compilation engagement, on behalf of a firm shall meet the requirements set forth in the "statements on quality control standards" issued by the auditing standards board of the American institute of certified public accountants and contained in the "AICPA professional standards," as adopted by reference in K.A.R. 74-5-2.

(b)  Notwithstanding subsection (a), each permit holder who supervises attest services or signs or authorizes a person to sign a report on any applicable engagement on behalf of a firm that is registered with the PCAOB shall comply with the applicable standards of the PCAOB which are adopted by reference in K.A.R. 74-5-2.

(c)  Each permit holder who supervises attest services or who signs or authorizes a person to sign a report for a governmental audit engagement on behalf of a firm shall comply with the government auditing standards adopted by reference in K.A.R. 74-5-2.  (Authorized by and implementing K.S.A. 1-202 and K.S.A. 1-302b; effective November 17, 2000; amended May 27, 2005; amended May 19, 2006; amended February 16, 2007. )

 

74-4-2a.  Evidence of experience. (a) Any certified public accountant who refuses to verify an applicant's experience may be required to inform the board of the certified public accountant's reason for refusing to verify this experience.

(b) Any certified public accountant who has verified the experience of an applicant may be required by the board to substantiate any information provided to the board.

(c) Any documentation relating to an applicant's experience may be reviewed by the board. The applicant may be required to appear before the board or its designee to supplement or verify the applicant's experience. (Authorized by K.S.A. 1999 Supp. 1-202, as amended by L. 2000, Ch. 81, § 4; implementing K.S.A. 1999 Supp. 1-302b, as amended by L. 2000, Ch. 81, § 9; effective Nov. 17, 2000.)

 

74-4-3a.  Permit renewal.  (a) Each application for renewal of a permit shall be made on a form provided by the board.

(b)  A renewal application that is insufficient shall not be processed and shall be returned to the applicant.

          (1)  An application shall be deemed insufficient if it meets any of the following conditions:

          (A)  Is not completely filled out;

          (B)  lacks the required documentation; or

          (C)  does not include the renewal fee.

          (2)  If the renewal fee is paid by credit card, the application shall be deemed insufficient if it meets either of the following conditions:

          (A)  The information necessary to process the credit card payment is deficient.

          (B)  The credit card company rejects payment.  (Authorized by K.S.A. 2000 Supp. 1-202, as amended by 2001 HB 2343, § 7; implementing K.S.A. 2000 Supp. 1-310, as amended by 2001 HB 2343, § 2 and K.S.A. 2000 Supp. 75-30,100; effective November 17, 2000; amended Nov. 2, 2001.)

 

          74-4-4.  Experience requirement for permits.  (a)  The accounting experience required under K.S.A. 1-302b, and amendments thereto, may include any type of service or advice involving the use of attest or nonattest skills pursuant to K.S.A. 1-302b and amendments thereto.  Attest and nonattest services shall be as defined in K.S.A. 1-321, and amendments thereto.

    (b)  One year of experience shall consist of full-or part-time employment that extends over a period of no less than one year and no more than three years and that includes no fewer than 2,000 hours of performance of services as described in subsection (a).  (Authorized by K.S.A. 2000 Supp. 1-202, as amended by 2001 HB 2343, § 7; implementing K.S.A. 2000 Supp. 1-302b, as amended by 2001 HB 2343, § 1; effective, E-82-27, Dec. 22, 1981; effective May 1, 1982; amended Jan. 12, 1996; amended Sept. 25, 1998; amended Nov. 17, 2000; amended Nov. 2, 2001.)

 

74‑4‑7. Continuing professional education requirements. (a) Each applicant for renewal of a permit to practice as a certified public accountant in Kansas shall have completed 80 hours of acceptable continuing professional education during each biennial period for renewal. Each applicant for renewal of a permit shall have completed two hours in professional ethics relating to the practice of certified public accountancy as part of the continuing professional education requirement.

          (b) Each applicant for renewal of a permit to practice as a licensed municipal public accountant in Kansas shall have completed a 16-hour program of acceptable continuing professional education during each year within the biennial period. At least eight of the 16 hours shall be in the area of municipal accounting or auditing.

          (c) The standards used to determine acceptable continuing professional education shall include the following:

          (1) One hour of credit shall be granted for each 50 minutes of participation in a group, independent study, or self-study program. One-half hour of credit shall be granted for each 25-minute period after the first hour of credit has been earned.

          (2) Hours devoted to actual preparation time by an instructor, discussion leader, or speaker for formal programs shall be computed at a maximum of up to twice the number of continuing professional education credits that a participant would be entitled to receive, in addition to the time for presentation.  No time devoted to preparation by a participant shall be counted.

          (3) Hours served as an instructor, discussion leader, or speaker shall be included to the extent that they contribute to the professional competence of the applicant.  Repeated presentations of the same course shall not be counted unless it is demonstrated that the program content involved was substantially changed and the change required significant additional study or research.

          (4)  Commencing with the renewal of permits issued on and after July 1, 2007, hours devoted to actual preparation as specified in paragraph (c)(2) and hours served as an instructor, discussion leader, or speaker as specified in paragraph (c)(3) shall not exceed, alone or in combination, 50 percent of the total number of continuing education hours required for permit renewal.

          (d) The requirements of subsection (a) may be waived by the board for reasons of health, military service, foreign residence, or retirement, or for other good cause determined by the board.

           (e) Any applicant for renewal of a permit to practice as a certified public accountant may carry over a maximum of 20 hours of continuing professional education earned in the 12-month period proceeding July 1 of the renewal year.  Any professional ethics hours that exceed the two-hour requirement may be included in the 20-hour carryover, but these hours shall not be used to meet the professional ethics requirement for any subsequent renewal period.

          (f) If an applicant for renewal fails to obtain the continuing professional education required by this regulation, the applicant may be required by the board to obtain an additional eight hours of continuing professional education within a period of time specified by the board before the applicant's permit to practice is renewed. (Authorized by K.S.A. 1-202 and K.S.A. 75-1119; implementing K.S.A. 1-202, K.S.A. 2007 Supp. 1-310, and K.S.A. 75-1119; effective, E-82-27, Dec. 22, 1981; effective May 1, 1982; amended  May 1, 1985; amended July 13, 1992; amended Sept. 25, 1998; amended Nov. 17, 2000; amended Nov. 15, 2002; amended Nov. 14, 2003; amended May 19, 2006; amended May 23, 2008.)

 

                74-4-8.  Continuing professional education programs; requirements. (a) A program designed to allow a participant to learn a given subject through interaction with an instructor and other participants either in a classroom or conference setting, or by using the internet may be approved for continuing professional education credit under K.A.R. 74-4-7 if the program meets the following conditions:

          (1) It is a formal program of learning that maintains or improves the professional competence of a permit holder and requires attendance.

          (2) An outline of the program is prepared in advance and provided to the permit holder.

          (3) The program is at least 50 minutes in length.

          (4) The program is conducted by a person qualified in the subject area.

         (5) A record of registration and attendance is retained.

         (b) The following types of programs shall qualify as acceptable continuing professional education if they meet the requirements of subsection (a):

         (1) Professional development programs of the American institute of certified public accountants, and of state societies and local chapters of certified public accountants;

         (2) technical sessions at meetings of the American institute of certified public accountants, and of state societies and local chapters of certified public accountants;

         (3) university or college credit courses. Each semester hour of credit shall equal 15 hours of continuing education credit. Each quarter hour of credit shall equal 10 hours of continuing education credit;

        (4) university or college non-credit courses. These courses shall qualify for continuing professional education credit that equals the number of actual, full 50-minute class hours attended;

        (5) formal, organized, in-firm or interfirm educational programs;

        (6) programs in accounting, auditing, consulting services, specialized knowledge and applications, taxation, management of a practice, or ethics; and

        (7) personal development courses.  Commencing with the renewal of permits issued on and after July 1, 2007, hours from personal development courses shall not exceed 30 percent of the total number of continuing education hours required for permit renewal.  Personal development courses, which shall be defined as courses dealing with self-management and self-improvement both inside and outside of the business environment, shall be limited to courses on communication, leadership, character development, dealing effectively with others, interviewing, counseling, career planning, emotional growth and learning, and social interactions and relationships.

        (c) Any author of a published article or book and any writer of a continuing professional education program may receive continuing professional education credit for the actual research and writing time if all of the following conditions are met:

       (1) The board determines that the research and writing maintain or improve the professional competence of the author or writer.

       (2) The number of credit hours claimed is consistent with the quality and scope of the article, book, or program.

       (3) The article or book has been published or the program was created during the biennial period for which credit is claimed.

       (d) Individual self-study programs that allow a participant to learn a particular subject without the major involvement of an instructor may be eligible for continuing education credit if all of the following conditions are met:

       (1) The program meets one of the following requirements:

       (A) Has been approved by NASBA's national registry of continuing professional education sponsors or NASBA's quality assurance service;

       (B) is sponsored through the American institute of certified public accountants; or

       (C) is sponsored through a state society of certified public accountants.

       (2) The program requires registration.

       (3) The program includes a final examination.

       (4) The participant scores at least 70 percent on the final examination.

       (5) The participant provides certificates of satisfactory completion.

       (e) The amount of credit for self-study programs shall be determined by the board, as follows:

       (1) Self-study programs may be approved for one hour of continuing professional education credit for each 50 minutes of participation and one-half credit for each 25-minute period of participation after the first hour of credit has been earned.

       (2) The amount of credit shall not exceed the number of recommended hours assigned by the program sponsor.

       (f) Independent study programs that are designed to allow a participant to learn a given subject under the guidance of a continuing professional education program sponsor may be eligible for continuing professional education credit if all of the following conditions are met:

       (1) The program meets one of the following requirements:

       (A) Has been approved by NASBA's national registry of continuing professional education sponsors or NASBA's quality assurance service;

       (B)  is sponsored through the American institute of certified public accountants; or

       (C) is sponsored through a state society of certified public accountants.

        (2) The participant has a written learning contract with a program sponsor that contains a recommendation of the number of credit hours to be awarded upon successful completion of the program.

        (3) The program sponsor reviews and signs a report indicating that all of the requirements of the independent study program, as outlined in the learning contract, are satisfied.

        (4) The program is completed in 15 weeks or less.

        (g) A participant in an independent study program may receive up to one hour of credit for each 50 minutes of participation and one-half hour of credit for each 25-minute period of participation after the first hour of credit has been earned. (Authorized by K.S.A. 1-202 and K.S.A. 75-1119; implementing  K.S.A. 1-202, K.S.A. 2007 Supp. 1-310, and K.S.A. 75-1119; effective, E-82-27, Dec. 22, 1981; effective May 1, 1982; amended May 1, 1985; amended Feb. 14, 1994; amended Sept. 25, 1998; amended Nov. 2, 2001; amended Nov. 15, 2002; amended Nov. 14, 2003; amended May 27, 2005; amended May 19, 2006; amended May 23, 2008.)

 

74-4-9.  Continuing professional education controls and reporting.  (a) At the time of applying for renewal of the permit to practice, each applicant shall sign a statement indicating the applicant’s compliance with the requirements in K.A.R. 74-4-7 and 74-4-8, unless the applicant qualifies for the exemption outlined in K.S.A. 1-310 and amendments thereto.

       (b)(1) Any applicant may be required by the board to verify the number of CPE hours claimed in subsection (a), on a form provided by the board, which shall include the following information:

       (A) The organization, school, firm, or other sponsor conducting  the program or course;

      (B) the location of the program or course attended;

      (C) the title of the program or course, or a brief description;

      (D) the dates attended or the date the program or course was completed; and

      (E) the number of continuing professional education credits that the applicant received for participating in a program or course.

       (2) Each applicant specified in paragraph (b)(1) shall be required to provide the board with proof of completion or attendance for all CPE hours claimed.

       (c) Each applicant shall retain documentation of completion or attendance for any continuing professional education program or course for five years from the end of the year in which the program or course was completed.  (Authorized by K.S.A. 1-202 and K.S.A. 75-1119; implementing K.S.A. 1-202, K.S.A. 2007 Supp. 1-310, and K.S.A. 75-1119; effective, E-82-27, Dec. 22, 1981; effective May 1, 1982; amended May 1, 1985; amended Sept. 25, 1998; amended Nov. 22, 2002; amended Nov. 14, 2003; amended May 23, 2008.)

 

74‑4‑10.  Continuing education requirements for renewal of initial or reinstated permits. (a) To renew an initial or reinstated permit to practice as a certified public accountant in Kansas, each applicant shall complete the number of continuing education hours proportionate to the number of hours required for the renewal period, given the number of full months from the date of the issuance of the permit to the June 30 renewal date.

(b) Continuing education credit obtained by the applicant on and after July 1 of the issuance year of the permit may be used to satisfy the continuing education requirement in subsection (a) if the credit meets the requirements specified in K.A.R. 74-4-7 and 74-4-8. (Authorized by K.S.A.1‑202; implementing K.S.A. 2007 Supp. 1‑310; effective, E‑82‑27, Dec. 22, 1981; effective May 1, 1982; amended Sept. 25, 1998; amended Sept. 10, 1999; amended Nov. 17, 2000; amended May 23, 2008.)

 

 

Article 5.--CODE OF PROFESSIONAL CONDUCT

 

Part I.--PREAMBLE, DEFINITIONS, INDEPENDENCE, INTEGRITY AND OBJECTIVITY

 

74-5-2.  Definitions.  The following definitions shall be applicable wherever this terminology is used in the rules of professional conduct:

(a)  “AICPA” means the American institute of certified public accountants.

(b) “AICPA professional standards” means the standards, including definitions and interpretations, in “AICPA professional standards,” volumes 1 and 2, published by the AICPA, as in effect on July 1, 2007, which are hereby adopted by reference, except for pages 5,301 through 6,209, bylaws of the AICPA, and pages 22,001 through 22,073, continuing professional education, in volume 2.

        (c)  “Audit” means an independent examination of financial information or assertions of any entity, regardless of profit orientation, size, and legal form, if the examination is conducted to express an opinion thereon.

        (d)  “Board” means the Kansas state board of accountancy. 

        (e)  “Certified public accountant” and “CPA” mean any of the following:

        (1)  A holder of a Kansas certificate;

        (2) a person practicing certified public accountancy under the authorization to practice by notification as provided in K.S.A. 1-322 and amendments thereto; or

        (3)  a firm.

        (f) “Compilation” shall have the meaning specified in K.S.A. 1-321 and amendments thereto.

        (g)  “Firm” shall have the meaning specified in K.S.A. 1-308 and amendments thereto.

        (h) “Generally accepted accounting principles” and “GAAP” mean the following standards, as applicable, in effect as specified and hereby adopted by reference;

        (1) “Federal accounting standards,” issued by the federal accounting standards advisory board; as follows:

        (A) “Statements of federal financial accounting concepts and standards,” (SFFAS), as in effect on June 30, 2006;          

        (B) “federal financial accounting technical release 7: clarification of standards relating to the national and space administration’s space exploration equipment,” as in effect on May 25, 2007;

        (C) “interpretation of federal financial accounting standards, interpretation 7: items held for remanufacture,” as in effect on March 16, 2007;

        (D) SFFAS 31, “accounting for fiduciary activities,” as in effect on October 24, 2006;

        (E) SFFAS 32, “consolidated financial report of the United States government requirements: implementing statement of federal financial accounting concepts 4 ‘intended audience and qualitative characteristics for the consolidated financial report of the United States government’,” as in effect on September 28, 2006; and

       (F) technical bulletin 2006-1, “recognition and measurement of asbestos-related cleanup costs,” as in effect on September 28, 2006;

       (2)  “current text,” volumes I and II, except for pages iii through xii, issued by the financial accounting standards board, as in effect on June 1, 2007;

        (3)  “EITF abstracts,” volumes 1, except for pages iii and iv, and 2, except for pages iii through iv, issued by the emerging issues task force of the financial accounting standards board, as in effect on September 7, 2006;

        (4) “statements of position accounting,” except for pages 25,221 and 25,222 in section 12,010, issued by the accounting standards executive committee of the AICPA and contained in the “AICPA technical practice aids,” as in effect on June 1, 2007; and

         (5) “governmental accounting and financial reporting standards,” except for pages vii through xv and appendices B and C, issued by the governmental accounting standards board, as in effect on June 30, 2006.

       (i)  “Government auditing standards” means the “government auditing standards,” 2003 January 2007 revision, except for chapter 1 and appendix II, and interpretations issued by the comptroller general of the United States, as in effect on July 1, 2006 2007 and hereby adopted by reference.

         (j)  “Licensed municipal public accountant” and “LMPA” mean a holder of a permit issued under the laws of Kansas to practice as a municipal public accountant.

         (k)  “Practice of certified public accountancy” means performing or offering to perform attest or nonattest services for the public while using the designation “certified public accountant” or “CPA” in conjunction with these services.  “Attest and “nonattest” services shall have the meaning specified in K.S.A. 1-321 and amendments thereto.

         (l)  “PCAOB” means the public company accounting oversight board created by the Sarbanes-Oxley act of 2002.

          (m)  “Standards of the PCAOB” means the following standards as of August 9, 2007, and related rules in “bylaws and rules of the public accounting oversight board”  as of August 6, 2007, which are hereby adopted by reference:

          (1)  TheAuditing standards numbers 1, 3, 4, and  5; and

          (2)  rules, section 3, “professional standards,” part 1, general requirements, and part 5, ethics.

          (n)  “Staff accountant” means a certified public accountant who meets the following requirements:

           (1)  Holds both a Kansas certificate and a Kansas permit;

           (2) is employed by a firm that is the certified public accountant’s primary employer; and

           (3) works at least 1,040 hours for the firm during a calendar year.  (Authorized by and implementing K.S.A. 1-202; effective Jan. 1, 1974; amended May 1, 1978; amended May 1, 1979; amended May 1, 1985; amended July 22, 1991; amended July 13, 1992; amended April 5, 1993; amended Aug. 23, 1993; amended Jan. 12, 1996; amended Jan. 8, 1999; amended Nov. 17, 2000; amended Nov. 2, 2001; amended May 27, 2005; amended May 19, 2006; amended Feb. 16, 2007; amended January 11, 2008.)

 

74-5-101.  Independence.  (a)  Each certified public accountant and each licensed municipal public accountant who performs professional services requiring independence shall comply with the following standards, as applicable:

(1)  Rule 101 of the code of professional conduct, including the definitions and interpretations, as contained in the “AICPA professional standards” adopted by reference in K.A.R. 74-5-2.  Rule 101, including the definitions and interpretations, shall be used by the board in determining whether independence is impaired;

(2) chapter three of the government auditing standards adopted by reference in K.A.R. 74-5-2;

(3)  regulation S-X codified at 17 C.F.R. Part 210, as in effect on September 18, 2007, which is hereby adopted by reference; and

(4) interim rule 3600T promulgated by the PCAOB, as contained in volume 1 of the “AICPA professional standards” adopted by reference in K.A.R. 74-5-2.

(b) In determining whether a certified public accountant’s or a licensed municipal public accountant’s independence is impaired, any other circumstances, relationship, or activity that the board determines could impair independence may be considered by the board.  (Authorized by and implementing K.S.A. 1-202; effective Jan. 1, 1966; amended Jan. 1, 1972; amended Jan. 1, 1974; amended May 1, 1978; amended May 1, 1985; amended Nov. 15, 20