T54CH2
Title 54 > T54CH2
Sections (26)
54-201
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-201. Short title. This chapter shall be known and may be cited as The Idaho Accountancy Act. History: [54-201, added 1974, ch. 263, sec. 2, p. 1686; am. 1976, ch. 267, sec. 1, p. 895; am. 2002, ch. 92, sec. 1, p. 234.]
54-202
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-202. Legislative intent. It is the policy of this state, and the purpose of this chapter, to promote the reliability of information that is used for guidance in financial transactions or for accounting for or assessing the financial status or performance of commercial, noncommercial and governmental enterprises. The public interest requires that persons professing special competence in accountancy or offering assurance as to the reliability or fairness of presentation of such information shall have demonstrated their qualifications to do so, and that persons who have not demonstrated and maintained such qualifications shall not be permitted to hold themselves out as having special competence or to offer such assurance; that the conduct of persons licensed as having special competence in accountancy be regulated in all aspects of their professional work; that a public authority competent to prescribe and assess the qualifications and to regulate the conduct of licensees be established; and that the use of titles that have a capacity or tendency to deceive the public as to the status or competence of the persons using such titles be prohibited. History: [54-202, added 1993, ch. 239, sec. 2, p. 826; am. 2002, ch. 92, sec. 2, p. 234.]
54-203
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-203. Board created — Membership — Appointment — Vacancies. There is hereby created in the department of self-governing agencies a board of accountancy in and for the state of Idaho, to be known as the Idaho state board of accountancy. The board shall consist of seven (7) members, all of whom shall be residents of this state, appointed by the governor, five (5) of whom shall hold current certified public accountant licenses issued under the laws of this state, one (1) who shall be either a licensed public accountant or certified public accountant and one (1) public member not licensed under this chapter who has professional or practical experience in the use of accounting services and financial statements. Board members shall be appointed for terms of five (5) years to commence on the first day of September and shall serve at the pleasure of the governor. Board members shall continue in office with their terms expiring on August 31 of each member’s final year. Whenever the term for a member of the board expires or becomes vacant for any cause, the governor may consider recommendations for appointment to the board from the Idaho society of certified public accountants, the Idaho association of public accountants and from any individual residing in this state. Vacancies occurring during the term shall be filled by appointment by the governor for the unexpired term. Upon expiration of the term of office, a member shall continue to serve until a successor shall have been appointed and shall have qualified. History: [54-203, added 1993, ch. 239, sec. 33, p. 844; am. 2002, ch. 92, sec. 3, p. 234; am. 2016, ch. 340, sec. 2, p. 932.]
54-204
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-204. Powers and duties. The Idaho state board of accountancy, in addition to the other powers and duties set forth in this chapter, shall have the following powers and duties: (1) To adopt and amend rules in accordance with the provisions of the administrative procedure act, chapter 52, title 67 , Idaho Code, governing its administration and the enforcement of this chapter and the conduct of licensees including, but not limited to: (a) Rules governing the board’s meetings and the conduct of its business; (b) Rules of procedure governing the conduct of investigations and hearings by the board; (c) Rules specifying the education, examination and experience qualifications required for the issuance of certificates, and the continuing professional education required for renewal of licenses; (d) Rules of professional conduct directed to controlling the quality and probity of professional services by licensees, and dealing among other things with independence, integrity and objectivity; competence and technical standards; responsibilities to the public; and responsibilities to clients; (e) Rules governing the professional standards applicable to licensees; (f) Rules governing the manner and circumstances of use of the titles certified public accountant and licensed public accountant ; (g) Rules regarding peer reviews that may be required to be performed under the provisions of this chapter; (h) Rules on substantial equivalency to implement section 54-227 , Idaho Code; (i) Rules adopting statements on standards as specified in section 54-206 , Idaho Code, which, if the board may deem appropriate, shall be those standards developed for general application by recognized accountancy organizations such as the AICPA, as such statements are established from time to time; and (j) Such other rules as the board may deem necessary or appropriate to implement or administer the provisions and purposes of this chapter. (2) To issue original certificates of qualification and licenses to practice as certified public accountants to such applicants as may be qualified by reciprocity, transfer of examination grades or by examination. (3) To charge and collect from all applicants, certificate holders, and licensees such fees as are provided by this chapter and prescribed by rules of the board. (4) To initiate or receive complaints, cause the same to be investigated, initiate proceedings, and conduct hearings or proceedings pursuant to chapter 2, title 54 , Idaho Code. The board may designate a member, or any other person of appropriate competence, to serve as investigating officer to conduct an investigation. Upon completion of an investigation, the investigating officer shall file a report with the board. Unless dismissed by the board as unfounded or trivial, the board may proceed with disciplinary proceedings or may return the report to the investigating officer for further investigation. (a) In ord
54-205
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-205. Meetings — Compensation. The board shall have its principal office in Ada county. Four (4) members of the board shall constitute a quorum, a majority of whom may act. The board shall meet no less than three (3) times each year; provided, however, special meetings may be called at any time during the year after notice to all members of the board of such special meetings. The board shall elect annually a chair, a vice chair, a secretary and a treasurer from its members. The offices of secretary and treasurer may be in the same person. The members of the board shall be compensated as provided by section 59-509 (i), Idaho Code. History: [54-205, added 1974, ch. 263, sec. 2, p. 1686; am. 1976, ch. 267, sec. 5, p. 899; am. 1980, ch. 247, sec. 49, p. 617; am. 1993, ch. 239, sec. 4, p. 829; am. 1994, ch. 49, sec. 2, p. 84; am. 2001, ch. 183, sec. 21, p. 634; am. 2021, ch. 221, sec. 2, p. 609.]
54-206
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-206. Definitions. As used in this chapter: (1) AICPA means the American institute of certified public accountants. (2) Applicant means any person having the requisite qualifications who makes application to the board for examination, or for initial issuance or renewal or reinstatement of a license under the provisions of this chapter. (3) Attest means providing the following professional services: (a) Any audit or other engagement to be performed in accordance with the statements on auditing standards; (b) Any review of a financial statement to be performed in accordance with the statements on standards for accounting and review services; (c) Any examination of prospective financial information to be performed in accordance with the statements on standards for attestation engagements; (d) Any engagement to be performed in accordance with the standards of the PCAOB; and (e) Any examination, review or agreed-upon procedures engagement to be performed in accordance with the statements on standards for attestation engagements, other than an examination described in paragraph (c) of this subsection. (4) Board means the Idaho state board of accountancy. (5) Certificate means that document issued by the board upon original approval of licensure. The original certificate does not constitute licensure and a person cannot represent himself or herself as a licensee unless a current and valid annual license has been issued by the board. (6) Certified public accountant or CPA means any person who holds a valid, unrevoked and unsuspended license under the provisions of chapter 2, title 54 , Idaho Code, or an equivalent provision of the laws of another state designating said person as a certified public accountant. (7) Client means the person or entity that agrees with a licensee or licensee’s employer to receive any professional services with or without compensation and shall include all affiliates and related entities in the financial statements of an attest or compilation engagement. (8) Compilation means a service performed in accordance with statements on standards for accounting and review services that presents, in the form of historical or prospective financial statements, information that is the representation of management or owners without undertaking to express any assurance on the statements. The term compilation does not include financial statements accompanied by the language set forth in section 54-226 (3), Idaho Code, whether used by a licensee or by a person not licensed under this chapter, as long as the financial statements are not accompanied by any other language of assurance or disclaimer. (9) Financial statements means a presentation of historical or prospective financial data, which may include accompanying notes, intended to communicate an entity’s economic resources or obligations at a point in time, or the changes therein for a period of time, in accordance with
54-207
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-207. License — Application. (1) Any person desiring a certificate and license shall make a written application for such certificate and license to the board, upon forms to be prescribed and furnished by the board. Such application shall be filed and shall be accompanied by such fee as may be required by rules of the board. (2) In addition to meeting the qualifications provided elsewhere in this chapter, before a certificate and license may be issued, a person desiring to receive a certificate and license shall have satisfactorily completed a minimum of one hundred fifty (150) semester hours, or two hundred twenty-five (225) quarter hours, of college education, with a concentration in accounting, auditing and business, including a baccalaureate or higher degree at a college or university acceptable to the board, as established by rule. Satisfactory evidence in the form of an official transcript received directly from the school registrar indicating the credits and degree received shall be presented to the board to demonstrate successful completion of these education requirements. (3) The board may adopt rules allowing persons who met the education requirements of section 54-208 , Idaho Code, when they first sat for the examination to become licensed even though they do not meet the education requirements of this section. History: [54-207, added 1974, ch. 263, sec. 2, p. 1686; am. 1994, ch. 49, sec. 3, p. 84; am. 2002, ch. 92, sec. 6, p. 240.]
54-208
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-208. Examination — Education — Qualifications. (1) An applicant for admission to examination as a certified public accountant shall: (a) Be eighteen (18) years of age or older; (b) Be of good character; (c) Be a resident, have been a resident, or intend to immediately become a resident of the state of Idaho; (d) Be approved by the board for admission to the examination; and (e) Provide satisfactory evidence in the form of an official transcript received directly from the school registrar indicating successful completion of a baccalaureate degree or its equivalent, the required credits and courses to be prescribed by the rules of the board. (2) The examination required to be passed as a condition to granting a certificate shall test the applicant’s knowledge of the subjects of accounting and auditing, and such other related subjects as the board may specify by rule, including, but not limited to, business law and taxation. The time for holding such examination shall be determined by the board and may be changed from time to time. The board shall prescribe by rule the methods of applying for and conducting the examination, including methods for grading and determining a passing grade required of an applicant for a certificate; provided however, that the board shall endeavor to assure that the examination itself, grading of the examination, and the passing grades, are uniform with those of other states. The board may make use of all or any part of the uniform certified public accountant examination and advisory grading service of the AICPA and may contract with third parties to perform such administrative services with respect to the examination as it deems appropriate to assist it in performing its duties hereunder. (3) The board may charge, or provide for a third party administering the examination to charge, each applicant a fee, in an amount prescribed by the board by rule. (4) None of the education requirements specified in this section shall apply to an applicant who is a licensed public accountant pursuant to this chapter. History: [54-208, added 1974, ch. 263, sec. 2, p. 1686; am. 1976, ch. 267, sec. 7, p. 901; am. 1993, ch. 239, sec. 7, p. 832; am. 2002, ch. 92, sec. 7, p. 241; am. 2008, ch. 128, sec. 3, p. 354.; am. 2022, ch. 246, sec. 3, p. 789.]
54-209
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-209. Experience. An applicant of good character who successfully passes the examination, with standards no less than those prescribed by the board’s rules for examination of candidates in Idaho, and who fulfills the requirements of section 54-207 , Idaho Code, shall receive a license as a certified public accountant if the applicant has completed one (1) year of experience. This experience shall include providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills, all of which have been verified by an active licensee, meeting requirements prescribed by the board by rule. This experience may be gained through employment in government, industry, academia or public practice. History: [54-209, added 1993, ch. 239, sec. 9, p. 833; am. 1994, ch. 49, sec. 4, p. 84; am. 2002, ch. 92, sec. 8, p. 242; am. 2008, ch. 128, sec. 4, p. 355; am. 2022, ch. 246, sec. 4, p. 789.]
54-210
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-210. Reciprocity — Transfer of examination grades — Foreign reciprocity — Qualifications. (1) A person whose certificate and license have been granted by another state, whose principal place of business is located in this state, shall obtain a license by reciprocity from the board before providing professional services in this state. (2)(a) An applicant for certificate and license by reciprocity to practice as a certified public accountant in Idaho must: (i) Be eighteen (18) years of age or older; (ii) Be of good character; (iii) Have obtained the education and passed the uniform CPA examination with standards no less than those required in Idaho; and (iv) Have completed the necessary experience, continuing professional education, and board approved ethics examination required for issuance of a license in Idaho and hold a current license in good standing in another licensing jurisdiction. (b) The requirements of subsection (2)(a) of this section relating to education, Idaho standards relating to passage of the uniform CPA examination, experience, continuing professional education and ethics examination shall be waived if the applicant has been licensed for no less than four (4) years as a certified public accountant within the ten (10) years immediately preceding the reciprocity application. (3)(a) A person holding an inactive or retired certificate and license granted by another state, whose principal place of business is located in this state, may apply for an equivalent license by reciprocity from the board, provided the applicant must: (i) Meet the requirements for an inactive license as set forth in section 54-211 (1)(c), Idaho Code, or the requirements for a retired license as set forth in section 54-211 (1)(d), Idaho Code; (ii) Be of good character; (iii) Have obtained the education and passed the uniform CPA examination with standards no less than those required in Idaho; and (iv) Have completed the necessary experience and board approved ethics examination required for issuance of a license in Idaho. (b) The requirements of subsection (3)(a) of this section relating to education, Idaho standards relating to passage of the uniform CPA examination, experience and ethics examination shall be waived if the applicant has been licensed for no less than four (4) years as a certified public accountant within the ten (10) years immediately preceding the reciprocity application. (4) An applicant for certificate and license to practice as a certified public accountant in Idaho by transfer of examination grades from another licensing jurisdiction must: (a) Be eighteen (18) years of age or older; (b) Be of good character; (c) Have obtained the necessary education and have passed the uniform CPA examination with standards no less than those prescribed by the board’s rules for examination candidates in Idaho; and (d) Possess experience qualifications as required under section 54-2
54-211
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-211. Licenses — Licensing period — Nonrenewal — Reinstatement — Inactive licenses — Retirement — Fees. (1) The board shall issue initial certificates and licenses, and renewal and reinstatement licenses to practice as a certified public accountant, and renewal and reinstatement licenses to practice as a licensed public accountant to persons who have qualified therefor in accordance with the provisions of this chapter and the rules of the board. A certificate and license, once issued, shall continue in effect so long as the holder thereof complies with the provisions of this chapter and the rules and orders of the board. (a) Initial. The board shall collect an initial license fee upon board approval of an initial license to practice as a certified public accountant in the state of Idaho as set forth in section 54-212 , Idaho Code, and as prescribed by the rules of the board. Those individuals meeting the requirements for initial licensure in Idaho, pursuant to the provisions of this chapter and the rules of the board, shall be issued a license effective for no more than twenty-four (24) months. The license shall then be subject to biennial renewal. (b) Renewal. The board shall collect a license fee from all licensees as set forth in section 54-212 , Idaho Code, and as prescribed by the rules of the board. Those persons meeting the requirements of this subsection for license renewal shall be issued a license effective for a period of no more than twenty-four (24) months after its issuance. Requirements include: (i) Good character; (ii) Completion of continuing professional education as specified by the board’s rules; (iii) Identification, in the renewal application, of the firm with which the licensee is affiliated; and (iv) Where applicable, verification of satisfactory completion of a peer review program by the firm with which the licensee is affiliated, pursuant to section 54-214 , Idaho Code, and the rules prescribed by the board. Any licensee who issues compilation reports for the public other than through a firm must undergo no more frequently than once every three (3) years, a peer review conducted in accordance with rules prescribed by the board, and such review shall include verification that such licensee has met the competency requirements set out in professional standards for such service. (c) Inactive status. Any licensee in current compliance with the provisions of this chapter who chooses not to perform or offer to perform for the public one (1) or more kinds of attest or compilation services may apply to place his or her license in inactive status. The renewal fee for inactive status shall be as set forth in section 54-212 , Idaho Code, and as prescribed by the rules of the board. Licensees with inactive status must place the word inactive adjacent to their CPA or LPA title on any business card, letterhead or any other document or device when using the title, w
54-212
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-212. General fees. The board, as prescribed by its rules, may charge an amount not to exceed: (1) One thousand dollars (300) for licensure application or license renewal; (3) Twenty-five dollars (50.00) for administrative services, including but not limited to mailing lists and release of information to other boards for purposes of licensure; (5) Two hundred dollars (500) for license reinstatement; (7) Three hundred dollars (300) for late fees, including late filing of the continuing professional education report; and (9) Four hundred dollars ($400) for firm registration. History: [54-212, added 1993, ch. 239, sec. 14, p. 836; am. 1994, ch. 49, sec. 6, p. 86; am. 1995, ch. 134, sec. 3, p. 585; am. 2002, ch. 92, sec. 11, p. 246; am. 2008, ch. 128, sec. 7, p. 358; am. 2025, ch. 104, sec. 3, p. 552.]
54-213
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-213. Grandfather clause. Individuals who, on July 1, 2008, hold certified public accountant and licensed public accountant licenses heretofore issued under the laws of this state, shall, for all purposes, be considered licensees under this chapter and subject to the provisions thereof. History: [(54-213) 54-212, as added by 1974, ch. 263, sec. 2, p. 1686; am. and redesig. 1993, ch. 239, sec. 16, p. 836; am. 2002, ch. 92, sec. 12, p. 246; am. 2008, ch. 128, sec. 8, p. 359.]
54-214
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-214. Firm registration — Peer review. (1) The board shall register firms that make application and demonstrate their qualifications therefor in accordance with the following subsections of this section or to firms originally licensed in another state that establish an office in this state. A firm must be registered with the board in order to provide attest services or compilation reports or in order to use the titles CPAs, CPA firm, LPAs or LPA firm. Firms must register with the board annually on such form and between such dates as the board may specify by rule. The board may charge a fee for each registration for initial issuance or renewal of a registration under this section as set forth in section 54-212 , Idaho Code, and as prescribed by the rules of the board. (2) An applicant for initial registration or renewal of a registration to practice under this section shall demonstrate that: (a) Notwithstanding any other provision of law, a simple majority of the beneficial ownership of the firm belongs to holders of a certificate who are licensed in some state, and such partners, officers, shareholders, members or managers, whose principal place of business is in this state, and who perform professional services in this state, hold a valid certificate and license issued by this state. Although a firm may include nonlicensee owners the firm and its ownership must comply with rules promulgated by the board. (b) Any firm may include nonlicensee owners provided that: (i) The firm designates a licensee of this state, who is responsible for the proper registration of the firm and identifies that individual to the board. (ii) All nonlicensees are active individual participants in the firm or affiliated entities. (iii) The firm complies with such other requirements as the board may impose by rule. (c) Any licensee who is responsible for supervising attest services or compilation reports or who signs or authorizes someone to sign a report on financial statements on behalf of the firm, shall meet the competency requirements of the professional standards for such services. (3) Firms registered to practice under this section shall be required to register each office of the firm within this state with the board and to show that all attest and compilation reports rendered in this state are under the charge of a person holding a valid certificate and license issued by this state or some other state. (4) A firm registering under this section shall list all states in which it has applied for or holds permits as a firm and list any past denial, revocation or suspension of a permit by any other state. Each firm registered under this section shall notify the board in writing, within thirty (30) days following any change in the identities of partners, officers, shareholders or members whose principal place of business is in this state, any change in the number or location of offices within this s
54-217
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-217. occupational licenses fund — RECEIPTS AND DISBURSEMENTS. All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding. History: [54-217, added 2021, ch. 224, sec. 32, p. 671.]
54-218
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-218. Acceptance of commissions and contingent fees. (1) A licensee may accept a commission or referral fee unless prohibited by this section. (a) A licensee shall not for a commission recommend or refer to a client any product or service, or for a commission recommend or refer any product or service to be supplied by a client, or receive a commission, when the licensee or the licensee’s firm also performs for that client: (i) An attest service; or (ii) A compilation when the licensee expects, or reasonably might expect, that a third party will use the compilation and the compilation report does not disclose a lack of independence. (b) A licensee who is not prohibited by this section from performing services for or receiving a commission and who is paid or expects to be paid a commission shall disclose in writing that fact to any person or entity to whom the licensee recommends or refers a product or service to which the commission relates. (c) Any licensee who accepts a referral fee for recommending or referring any service of a licensee to any person or entity or who pays a referral fee to obtain a client shall disclose such acceptance or payment to the client in writing. (2) A licensee may accept a contingent fee which is disclosed to the client in writing unless prohibited by this section. (a) A licensee shall not perform for a contingent fee any professional service for, or receive such a fee from, a client for whom the licensee or the licensee’s firm performs: (i) An attest service; or (ii) A compilation, when the licensee expects, or reasonably might expect, that a third party will use the compilation and the compilation report does not disclose a lack of independence. (b) A licensee shall not prepare an original or amended tax return or claim for a tax refund for a contingent fee for any client. (c) Except as stated in the next sentence, a contingent fee is a fee established for the performance of any service pursuant to an arrangement in which no fee will be charged unless a specified finding or result is attained, or in which the amount of the fee is otherwise dependent upon the finding or result of such service. Solely for purposes of this section, fees shall not be regarded as contingent if fixed by courts or other public authorities or, in tax matters, if determined based on the results of judicial proceedings or the findings of governmental agencies. A licensee’s fees may vary depending, for example, on the complexity of services rendered. (3) The prohibitions contained in this section shall apply during the period in which the licensee is engaged to perform any of the services listed herein and the period covered by any historical financial statements involved in any such listed services. History: [54-218, added 1993, ch. 239, sec. 22, p. 839; am. 2002, ch. 92, sec. 15, p. 249.]
54-219
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-219. License — Restriction, revocation, suspension or denial — Causes — Cost recovery — Administrative penalties. (1) After notice and opportunity for hearing in accordance with the provisions of chapter 52, title 67 , Idaho Code, for cause shown, the board may revoke, suspend, refuse to renew, administratively penalize, reprimand, restrict or place on probation the holder of a certificate or license, or refuse to issue any certificate or any license to an applicant, for any one (1) of the following causes: (a) Any false statement with the intent to mislead or deceive the board or its members in connection with any application; or, cheating or any attempt to cheat in an examination. (b) Fraud or deceit in obtaining or renewing a certificate or license to practice as a certified public accountant or licensed public accountant under the provisions of this chapter. (c) Dishonesty, fraud or gross negligence in the performance of professional services as a licensee or individual granted privileges under section 54-227 , Idaho Code, or in the filing of or failure to file his own income tax returns. (d) Violation of any provision of this chapter, or any rule adopted by the board under authority granted by this chapter, or an order of the board directed specifically to the licensee. (e) Conviction of or a guilty plea to a crime under the laws of any state or country that is deemed relevant in accordance with section 67-9411 (1), Idaho Code. (f) Conviction of or a guilty plea to any crime, an element of which is dishonesty or fraud, under the laws of any state or country, notwithstanding the form of the judgment or withheld judgment. (g) Representing oneself as a certified public accountant or licensed public accountant during any period in which the license of the person so practicing has been suspended or revoked by the board. (h) Cancellation, revocation, suspension or refusal to renew or grant a license or privileges under section 54-227 , Idaho Code, for disciplinary reasons by any other state for any cause. (i) Practicing as a certified public accountant or licensed public accountant under a false or assumed name; provided, however, this paragraph shall have no application to practicing as a certified public accountant or licensed public accountant under the name of a firm, when such style or name is in conformity with a type or form approved by the rules of the board. (j) Habitual use of drugs or intoxicants to such a degree as to render the licensee unreliable and unfit to practice as a certified public accountant or licensed public accountant. (k) Suspension or revocation of the right to practice before any agency of the United States government or of the state of Idaho, for any cause other than failure to pay a registration or similar fee. (l) Having been declared mentally incompetent by a court of competent jurisdiction; provided, however, that when a person’s license shal
54-220
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-220. Use of title — Valid license to practice. (1) No person shall assume or use the title or designation certified public accountant or licensed public accountant or any other title, designation, words, letters, abbreviations, sign, card or device tending to indicate that such person is a certified public accountant or licensed public accountant unless such person holds a license or is granted privileges as a certified public accountant or licensed public accountant pursuant to chapter 2, title 54 , Idaho Code. (2) No person or firm not licensed, granted privileges or registered pursuant to this chapter shall assume or use the title or designation certified accountant, chartered accountant, public accountant, enrolled accountant, licensed accountant, registered accountant, accredited accountant, or other titles or designation likely to be confused with the titles certified public accountant or licensed public accountant or use any of the abbreviations CA, LA, LPA, CPA, RA, AA, or similar abbreviation likely to be confused with the abbreviations CPA or LPA. The title enrolled agent or EA may only be used by individuals so designated by the internal revenue service. Notwithstanding the provisions of this section, the board may adopt rules authorizing and limiting the use of specific titles and designations granted by recognized professional societies or associations. (3) No person, proprietorship, partnership or corporation not licensed or registered pursuant to this chapter shall assume or use any title or designation that includes the words accountant, auditor or accounting in connection with any other language, including the language of a report, that implies that such person, proprietorship, partnership or corporation is so licensed or registered or has special competence as an accountant or auditor; provided however, that this subsection does not prohibit any officer, partner, member or employee of any organization from affixing his signature to any statement in reference to the financial affairs of such organization with any wording designating the position, title or office that he holds therein nor prohibit any act of a public official or employee in the performance of his duties as such. (4) No business entity shall provide attest services or compilation reports or assume or use the title certified public accountants or licensed public accountants or the abbreviation CPAs, LPAs or any other title, designation, words, letters, abbreviations, sign, card or device tending to indicate that such business entity is a firm unless: (a) the business entity is a firm registered pursuant to this chapter, and (b) ownership of the firm is in accord with this chapter and rules promulgated by the board. History: [54-220, added 1993, ch. 239, sec. 24, p. 841; am. 2002, ch. 92, sec. 17, p. 252; am. 2003, ch. 14, sec. 6, p. 41.]
54-221
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-221. Issuance of a report. (1) Only licensees shall issue a report on the financial statements of any other person, firm, organization or governmental unit or offer to render or render any attest or compilation service, as defined herein. This prohibition does not apply to any officer, partner, employee or member of any organization affixing their signature to any statement or report in reference to the financial affairs of such firm or organization with any wording designating the position, title or office that they hold therein; nor prohibit any act of a public official or employee in the performance of their duties as such; nor prohibit the performance by any person of other services involving the use of accounting skills, including the preparation of tax returns, management, financial advisory or consulting services, and the preparation of financial statements without the issuance of reports, as defined in section 54-206 , Idaho Code. (2) The prohibition contained in subsection (1) of this section is applicable to issuance, by a person or firm not holding a valid license, of a report using any form of language conventionally used by licensees respecting a review of financial statements or respecting a compilation of financial statements. (3) No licensee or individual granted privileges under section 54-227 , Idaho Code, shall perform attest services through any form of business that is not registered under the provisions of section 54-214 , Idaho Code, or an equivalent provision of the laws of another state. (4) No licensee shall issue a compilation report through any form of business that is not registered under the provisions of section 54-214 , Idaho Code, unless the report discloses the name of the business through which the individual is issuing the report, and the individual: (a) Signs the compilation report identifying the individual as a CPA or LPA; (b) Meets the competency requirements provided in this chapter and by board rule; and (c) Undergoes no less frequently than once every three (3) years, a peer review conducted in such manner as the board shall by rule specify, and such review shall include verification that such individual has met the competency requirements set out in professional standards for such services. (5) A licensee or firm that does not issue reports may issue financial statements without reports only if the financial statements include the disclaimer language of section 54-226 (3), Idaho Code. History: [54-221, added 1993, ch. 239, sec. 26, p. 842; am. 2002, ch. 92, sec. 18, p. 253.]
54-222
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-222. Violation of chapter a misdemeanor. Any violation of any of the provisions of this chapter shall constitute a misdemeanor, and any person, corporation, partnership, proprietorship, member, firm or association of any kind or nature convicted thereof may be punished by a fine not to exceed seven hundred fifty dollars ($750), or six (6) months imprisonment, or both. History: [(54-222) I.C., sec. 54-219, as added by 1974, ch. 263, sec. 2, p. 1686; am. 1986, ch. 128, sec. 4, p. 335; am. and redesig. 1993, ch. 239, sec. 27, p. 843.]
54-223
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-223. Injunction. Whenever any person, corporation, partnership, proprietorship, firm or association of any kind or nature violates any of the provisions of this chapter, the board, without regard to criminal prosecution, may maintain an action in the name of the state of Idaho to enjoin said person, corporation, partnership, proprietorship, firm or association from any further violations, such action to be brought either in the county in which said acts are claimed to have been or are being committed, in the county where the defendant resides, or in Ada County. Upon the filing of a verified complaint in the district court, the court, if satisfied that the acts complained of have been or probably are being or may be committed, may issue an injunction pendente lite without bond, on request of the board, enjoining the defendant from the commission of any such act or acts constituting said violations. A copy of said complaint shall be served upon the defendant, and the proceedings shall thereafter be conducted as in any other similar civil action. If the commission of said act or acts be established, the court shall enter a decree perpetually enjoining said defendant from committing said act or acts. In case of violation of any injunction issued under the provisions of this section, the court, or the judge thereof at chambers, may summarily try and punish the offender for his contempt of court. History: [(54-223) I.C., sec. 54-220, as added by 1974, ch. 263, sec. 2, p. 1686; am. 1986, ch. 128, sec. 5, p. 335; am. and redesig. 1993, ch. 239, sec. 28, p. 843.]
54-224
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-224. Judicial review. Any person whose certificate or license shall be revoked or suspended or who is otherwise aggrieved by any final action of the board taken pursuant to section 54-219 , Idaho Code, shall have the right to judicial review of such action in accordance with the provisions of the administrative procedure act, chapter 52, title 67 , Idaho Code. History: [(54-224) I.C., sec. 54-222, as added by 1974, ch. 263, sec. 2, p. 1686; am. and redesig. 1993, ch. 239, sec. 29, p. 844.]
54-225
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-225. Prosecuting attorney — Attorney general. It shall be the duty of the prosecuting attorney in each county to prosecute violations of this chapter occurring within the county. The attorney general shall act as legal adviser to the board; provided, however, the board may retain private counsel to represent the board. History: [(54-225) I.C., sec. 54-223, as added by 1974, ch. 263, sec. 2, p. 1686; am. and redesig. 1993, ch. 239, sec. 30, p. 844.]
54-226
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-226. Inapplicability of chapter. (1) This chapter shall not be construed to prevent any person from rendering tax services, management advisory or consulting services, or from preparing financial statements without the expression of an opinion or an assurance. (2) This chapter shall not be construed to prevent any person from stating that he has prepared, assembled or drafted a financial statement, provided he does not use any additional language which comprises an assurance. (3) The prohibitions of section 54-221 , Idaho Code, and the other provisions of this chapter shall not be construed to preclude the use of the following language by any person: I (We) have prepared the accompanying (financial statements) of (name of entity) as of (time period) for the (period) then ended. This presentation is limited to preparing in the form of financial statements information that is the representation of management (owners). I (We) have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them. History: [54-226, added 1993, ch. 239, sec. 34, p. 845; am. 2003, ch. 14, sec. 7, p. 42.]
54-227
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-227. Substantial equivalency. (1) A person whose principal place of business is not in this state and who has an active certificate and license as a certified public accountant from any state which the board has determined to be substantially equivalent to this chapter shall be presumed to have qualifications substantially equivalent to this state’s requirements and shall have all the privileges of licensees of this state without the need to obtain a license. (2) A person whose principal place of business is not in this state and who has an active certificate and license as a certified public accountant from any state which the board has not determined to be substantially equivalent to this chapter shall be presumed to have qualifications substantially equivalent to this state’s requirements and shall have all the privileges of licensees of this state without the need to obtain a license only if such person demonstrates that his or her qualifications are substantially equivalent to the licensure requirements of this chapter. The requirement to demonstrate substantially equivalent qualifications shall be waived if the applicant has been licensed for no less than four (4) years as a certified public accountant within the previous ten (10) years. (3) Licensees of other states exercising the privilege afforded under this section hereby consent, as a condition of the grant of this privilege: (a) To the personal and subject matter jurisdiction and disciplinary authority of the board; (b) To comply with this chapter and the board’s rules; and (c) To the appointment of the state boards which issued their licenses as their agents upon whom process may be served in any action or proceeding by this state’s board against such licensees. (4) A licensee of this state offering or rendering services or using the CPA title in another state shall be subject to disciplinary action in this state for an act committed in another state for which the licensee would be subject to discipline for an act committed in another state. Notwithstanding the board’s enforcement authority granted by this chapter, the board shall investigate any complaint made by the board of accountancy of another state. History: [54-227, added 2002, ch. 92, sec. 19, p. 254; am. 2003, ch. 14, sec. 8, p. 42; am. 2008, ch. 128, sec. 10, p. 361.]
54-228
TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 2 ACCOUNTANTS 54-228. Construction — Severability. The provisions of this chapter are hereby declared to be severable and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this act. History: [54-228, added 2002, ch. 92, sec. 20, p. 254.]