! Department of State Division of Publications 312 Rosa L. Parks Avenue, 8th Floor Snodgrass/TN Tower Nashville, TN 37243 Phone: 615-741-2650 i Email: publications.information@tn.gov For Department of State Use Only Sequence Number: Rule ID(s): File Date: Effective Date: Proposed Rule(s) FILING FORM Proposed rules are submitted pursuant to Tenn. Code Ann. 4-5-202, 4-5-207, and 4-5-229 in lieu of a rulemaking hearing. It is the intent of the Agency to promulgate these rules without a rulemaking hearing unless a petition requesting such hearing is filed within ninety (90) days of the filing of the proposed rule with the Secretary of State. To be effective, the petition must be filed with the Agency and be signed by ten (10) persons who will be affected by the amendments, or submitted by a municipality which will be affected by the amendments, or an association of ten (10) or more members, or any standing committee of the General Assembly. The agency shall forward such petition to the Secretary of State. Pursuant to Tenn. Code Ann. 4-5-229, any new fee or fee increase promulgated by state agency rule shall take effect on July 1, following the expiration of the ninety (90) day period as provided in 4-5-207. This section shall not apply to rules that implement new fees or fee increases that are promulgated as emergency rules pursuant to 4-5-208(a) and to subsequent rules that make permanent such emergency rules, as amended during the rulemaking process. In addition, this section shall not apply to state agencies that did not, during the preceding two (2) fiscal years, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity in accordance with 4-29- 121 (b). ~ gency/board/comm ission:, Tennessee State Board ofaccountancl :::_-- -~- - -- -! Division: Division of Reg~ ato_ry_boards, Dei:?_artment of Commerce & Insurance ~ Contact Person: Elizabeth Goldstein 1 --- Address: t---500 James Robertson - ----~' P arkway,_ Nashville, Tennessee Zip: 37243 ------------~ --------- - - -- - Phone: 615-741-3072 --------------+----------- -- -- - Email: Elizabeth.Goldstein@Jn.gov ----------- -- -- -- -- - Revision Type (check all that apply): Amendment New Repeal Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row) Chapter Number Chapter Title 0020-01 Board of Accountancy, LicensinQ and ReQistration Requirements Rule Number Rule Title 0020-01-.01 Definitions Chapter Number Chapter Title 0020-05 Continuing Education Rule Number Rule Title 0020-05-.04 Qualifying Programs
0020-01 Amendments Rule 0020-01-.01 (1 )(h) Definitions is amended by deleting the phrase "one year'' and substituting instead the phrase "six months" so that as amended, the subparagraph shall read : (h) "Expired License" means a license that is more than six months past the expiration date of the license; Rule 0020-01-.01 (1 )U) is amended by deleting the subparagraph and substituting instead the following: U) "License" means a certificate issued under T.C.A. 62-1-107, a permit issued under T.C.A. 62-1-108, ora registration undert.c.a. 62-1-109, or, in each case, a certificate, license, or permit issued under corresponding provisions of prior law; Authority: T.C.A. 62-1-103, 62-1-105, 62-1-108, and 62-1-111(a). 0020-05 Amendments Rule 0020-05-.04 Qualifying Programs is amended by deleting the rule in its entirety and substituting the rule with the following language so that as amended the rule shall read: (1) In order to qualify for credit toward satisfaction of the requirements of rule 0020-05-.03, a continuing education program must: (a) (b) Be a program of learning which contributes directly to the professional competence of the licensee; and Meet the Statements on Standards for Continuing Professional Education Programs jointly approved by NASBA and AICPA. (2) Programs requiring attendance may be considered for credit if: (a) (b) (c) (d) An outline is prepared and preserved; The program is at least one (1) credit hour [one (1) credit hour= fifty (50) minute period]; The program is conducted by a qualified instructor, discussion leader, or lecturer; and A record of registration or attendance is maintained. (3) Subject to compliance with paragraphs 1 and 2 of this rule, the following are deemed to be qualifying programs: (a) (b) (c) Professional development programs of the AICPA, and state accounting societies and their chapters; Technical sessions at meetings of the AICPA, NASBA, and state accounting societies and their chapters; University or college courses provided that: 1. For credit courses, each semester hour credit shall equal fifteen (15) continuing education credit hours, and each quarter hour credit shall equal (10) continuing education credit hours; 2. For non-credit short courses, continuing education credit shall equal actual time in class; (d) (e) Organized in-firm or in-house (includes any company that gives training for their employees and others) educational programs presented for employees and others without charge; and Programs of other organizations (accounting, industrial, professional, etc.) recognized by the Board.
(4) Formal correspondence or other individual study programs, including those administered via computer, which require registration and provide evidence of satisfactory completion, may qualify for continuing education credit. The number of credit hours of continuing education will be determined by the Board. Such programs taken after January 1, 1999, excluding those offered by the AICPA and state CPA societies, must be approved by the Board or its designee, NASBA's Quality Assurance Program. (5) Continuing education credit will be allowed for service as an instructor, discussion leader or speaker at any program for which participants are eligible to receive continuing education credit. Credit for such service will be awarded on the first presentation only, unless a program has been substantially revised. The amount of credit awarded shall not exceed three times the number of class hours; provided however, credit hours awarded under this paragraph shall not exceed fifty percent (50%) of the total number of credit hours required by this chapter within any two-year period. A licensee who receives credit for services as an instructor, discussion leader, or speaker of a CPE course cannot also receive credit for attendance at the same or substantially same course that the licensee served as an instructor, discussion leader, or speaker within the preceding twelve month period. (6) In the board's discretion, continuing education credit may be allowed for writing articles and books, provided that their preparation contributes to the professional competence of the license holder. Credit for such preparation may be awarded on a self-declaration basis of up to fifty percent (50%) of the two (2) year continuing education requirement. Additional credit may be awarded in exceptional circumstances, upon the written request of the license holder, accompanied by a copy of the article(s) or books(s) and a statement of justification. No credit shall be given for unpublished book(s) or article(s). (7) Continuing education credit may be allowed for the reading of professional journals and the taking of an examination related thereto. Credit hours obtained under this paragraph are limited to twenty percent (20%) of the total number of credit hours required by this chapter within any two (2)-year period and may not be used to meet the requirements of subparagraphs (1 )(a), (b) and (c) of Rule 0020-05-. 03. (8) CPE credit may be allowed for the successful completion of exams for Certified Management Accountant (CMA), Certified Information Systems Auditor (CISA), as well as other similar exams approved by the Board. Credit will be awarded at a rate of five (5) times the length of each exam taken and limited to fifty percent (50%) of the total CPE required under Rule 0020-05-.03. (9) To receive credit, any program of continuing education not specifically covered by this rule must be approved by the Board before completion of the course. A licensee, once per reporting period, may submit for approval up to sixteen (16) hours of CPE from courses that are sponsored by organizations that are not registered with NASBA, and are either offered on a limited basis or industry specific. A licensee will not receive credit for attending/completing a program that was not timely approved by the Board in accordance with Rule 0020-05-.04(9). (10) The Board specifically reserves the right to approve or disapprove credit for all continuing education claimed under this rule. Authority: T.C.A. 62-1-105 and 62-1-107.
* If a roll-call vote was necessary, the vote by the Agency on these rules was as follows: Board Member Aye No Abstain Absent Signature (if required) C. Don Royston, CPA Casey M. Stuart, CPA Stephen M. Eldridge, CPA Janet Booker- Davis, CPA Larrv Elmore, CPA Kevin N. Monroe, CPA Gay Moon, CPA John G. "Gabe" Roberts, Esq. Pamela Church, CPA William "Trey" H. Watkins, Ill, CPA Judy Wetherbee I certify that this is an accurate and complete copy of proposed rules, lawfully promulgated and adopted by the Tennessee State Board of Accountancy on 05/05/2017 and is in compliance with the provisions of T.C.A. 4-5- 222. The Secretary of State is hereby instructed that, in the absence of a petition for proposed rules being filed under the conditions set out herein and in the locations described, he is to treat the proposed rules as being placed on file in his office as rules at the expiration of ninety (90) days of the filing of the proposed rule with the Secretary of State.,,,,,,,,...,,,,,,,,,, \., McG(.,,,,.., 'o:\,.... YA,,...,, i' ~. s111<1e.,,,,, -:. : ~ Of -:. o. - : ~ ESSEE : 1EN 1, :.. NQ"'fAIW : : ' ~ i,uauc ~ i - ",,a....,;:-...,~ ~,,...,... "~,,..,. "J-,,..,.,fO rv,, C'.,,,, SON ",,,, :-\ o,,,"'.,,,,,.,,.,,,, ~t;;:i 1 Ss;00 ex 9 i1e'> Date: - ~- Z=r--""..,,_.._..CJL...K... _ Signature: - ~L,,,d...:::::::5:::::::::. -=-- ~ -fl!b:.::=::::=====--------- - Name of Officer: Title of Officer: Anthony Glandorf Chief Counsel Subscribed andn::; ;:::::::u: - ~- -+-~- ~y-~_('w i_ ~-+<s,_j_uj ' _e My commission expires on: --~ o,j_._6,_/_1.{) _ l _q
Rules of the Tennessee State Board of Accountancy Rule 0020-01 -. 01 Definitions Rule 0020-05-.04 Qualifying Programs All proposed rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5. Department of State Use Only ~ ~ e~ ery Ill Attorney General and Reporter ;/:1-1/utt T r Date Filed with the Department of State on: --------'i/ e...,_v_~,_,_i '------- Effective on: 0--'--'- /'J4 ;_z. /..,_, (f/;, i'lj- /Tre Hargett Secretary of State ''. c, '!.. ', er. ~ 0... C'J N (l w U c :) c::- C'--' Lu 4 r- v' (/) :;_. l -'.'.-= C-:J}-
Regulatory Flexibility Addendum Pursuant to T.C.A. 4-5-401 through 4-5-404, prior to initiating the rule making process, all agencies shall conduct a review of whether a proposed rule or rule affects small business. (1) The type or types of small business and an identification and estimate of the number of small businesses subject to the proposed rule that would bear the cost of, or directly benefit from the proposed rule. Recent amendments to Rule 0020-01-.08(7) reduced the time period for which a license is considered to be expired from one (1) year to six (6) months. The proposed amendments to Rule 0020-01-.01 (h) simply reflect that reduction. The Tennessee State Board of Accountancy ("Board") governs over 2,000 registered firms. While a vast majority of those firms are small businesses, they will neither bear the cost of nor directly benefit from the proposed amendment to Rule 0020-01-.01(h) because the proposed amendments merely promote consistency throughout the rules. The proposed amendments to Rule 0020-01-.01 U) alters the definition of a "license" to be more in line with the statutory definition set forth in T.C.A. 62-1-103(7). The Board currently governs over 2,000 registered firms, and a vast majority of these firms are considered a small business. These firms, however, will likely not bear the cost or directly benefit from the proposed amendments~ The proposed amendments to Rule 0020-05-. 04 directly affect the licensee by restricting the manner by which CPE programs that fall outside of the normally accepted programs will be evaluated by the Board. The Board currently oversees about 2,000 registered firms and a vast majority of these firms are considered a small business. The proposed amendments, however, are unlikely to impose a monetary burden or confer financial benefit to these firms. (2) The projected reporting, recordkeeping and other administrative costs required for compliance with the proposed rule, including the type of professional skills necessary for preparation of the report or record. The proposed amendments to Rule 0020-01 -. 01 (h) were drafted in response to the recent amendments to Rule 0020-01-.08(7), which reduced the time period for which a license is considered to be expired from one (1) year to six (6) months. The proposed amendments here should have been made when Rule 0020-01-.08(7) was amended. A licensee is responsible for renewing the license within six (6) months past the expiration date. Similar to Rule 0020-01 -.08(7), the proposed amendments Rule 0020-01 -. 01(h will not impose any additional cost or require a new set of skills. The proposed amendments to Rule 0020-01-.01 U) will not impose any additional reporting, recordkeeping, or other administrative costs for compliance. In fact, the amendments merely reflect the statutory definition of a "License" found in T.C.A. 62-1-103(7).7 The proposed amendments to Rule 0020-05-.04 will not impose any additional reporting, recordkeeping, and other administrative costs required for compliance. All licensees, without exception, must comply with CPE requirements. The proposed amendments simply prescribe the types of CPE courses that may be submitted for approval and when they must be submitted. All licensees are required to timely manage their CPE courses and corresponding approval. (3) A statement of the probable effect on impacted small businesses and consumers. The proposed amendments to Rule 0020-01-.01(h) were drafted in response to the recent amendments to Rule 0020-01-.08(7), which reduced the time period for which a license is considered to be expired from one (1) year to six (6) months. The proposed amendments here should have been made when Rule 0020-01 -. 08(7) was amended. The proposed amendments will likely reduce confusion among licensees about license renewal requirements. Consumers will also be better protected because the proposed amendments encourage licensees to timely renew their license and to remain in good standing. Consumers and small businesses will likely benefit - because the proposed amendments to Rule 0020-01-.01 U) clarify the existing rules and promote consistency of the term "license.'\ Accordingly, the proposed amendments will not have any negative effect on small businesses and consumers. SS-7038 (June 2016) 6 RDA 1693
The proposed amendments to Rule 0020-05-.04 will benefit consumers because the amendments enhance the Board's ability to oversee CPE programs, and to monitor licensees for potential violations. The Board's oversight of these programs is essential for ensuring that licensees are properly educated on changes to existing practices. (4) A description of any less burdensome, less intrusive or less costly alternative methods of achieving the purpose and objectives of the proposed rule that may exist, and to what extent the alternative means might be less burdensome to small business. The Board avers that the proposed amendments to Rules 0020-01-.01 (h), 0020-01 -. 01 U), and 0020-05-. 04 are not burdensome, intrusive, or costly to small businesses. (5) A comparison of the proposed rule with any federal or state counterparts. There are no known federal or state counterparts to the rules. (6) Analysis of the effect of the possible exemption of small businesses from all or any part of the requirements contained in the proposed rule. Licensees should be held to the same renewal requirements. If licensees working for small businesses were exempted from the license renewal time period, it would likely create confusion among the licensees-. Exemption from Rule 0020-01-.010) would not benefit small businesses because the proposed amendments merely bring the definition of a "license" under the Rules in conformity with T.C.A. 62-1-103(7). Exemption from Rule 0020-05-.04 would not benefit small businesses because all licensees, even those working for a small business, must maintain their CPE hours. The proposed amendments do not impose any new requirements on small businesses. Rather, the proposed amendments only clarify when a licensee can submit his or her CPE hours from sources that are currently not sanctioned by the Board. CPE hours are vital in ensuring that licensees remain knowledgeable about current trends and important changes in the profession. SS-7038 (June 2016) 7 RDA 1693
Impact on Local Governments Pursuant to T.C.A. 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 (http://state.tn. us/sos/acts/106/pub/pc1070. pdf) of the 2010 Session of the General Assembly) This proposed rules will not impact local governments. SS-7038 (June 2016) 8 RDA 1693
Additional Information Required by Joint Government Operations Committee All agencies, upon filing a rule, must also submit the following pursuant to T.C.A. 4-5-226(i)(1 ). (A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule; Recent amendments to Rule 0020-01-.08(7) reduced the time period for which a license is considered to be expired from one (1) year to six (6) months. The proposed amendments to Rule 0020-01-.01 (h) simply reflect that reduction. Specifically, the proposed amendments define an "Expired License" as a license that is more than six (6) months past its expiration date. Under the current version of Rule 0020-01-.01 (h), a license is expired if it is more than one (1) year past its expiration date. If adopted, Rule 0020-01 -. 01 (h) will benefit all licensees by clarifying when a license must be renewed before it expires. The proposed amendments to Rule 0020-01 -.01 U) alter the definition of a "license" to be more in line with the statutory definition set forth in T.C.A. 62-1-103(7). This consistency will help eliminate confusion among licensees, as "License" is mentioned throughout the Board's rules. The proposed amendments to Rule 0020-05-. 04 prescribe how a licensee can receive credit for completing CPE programs that are not already accounted for in the Rules. Specifically, the proposed amendments require a licensee to seek the Board's approval before attending such programs. The proposed amendments also caution that a licensee will not receive credit if he or she fails to obtain the Board's approval prior to attendance. (B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto; There are no known federal laws or regulations mandating promulgation of these rules. T.C.A. 62-1-105(e) authorizes the Board to adopt rules to enforce the Tennessee Accountancy Act of 1998. (C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule; The proposed amendments to Rule 0020-01 -. 01(h) and Rule 0020-01-.010) will impact all licensed CPAs. Their position, however, is unknown to the Board. The proposed amendments to Rule 0020-05-.04 will impact all licensed CPAs. Their position, however, is unknown to the Board. (D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule; No Attorney General opinion or judicial ruling directly relates to the promulgation of these proposed amendments. (E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less; I The fiscal impact of these rules is nominal. (F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule; SS-7038 (June 2016) 9 RDA 1693
Wendy Garvin, Executive Director of the Tennessee State Board of Accountancy Anthony Glandorf, Chief Counsel Elizabeth Goldstein, Assistant General Counsel (G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees; Wendy Garvin, Executive Director of the Tennessee State Board of Accountancy Anthony Glandorf, Chief Counsel Elizabeth Goldstein, Assistant General Counsel (H) Office address, telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and Wendy Garvin, 500 James Robertson Parkway, Nashville, Tennessee 37243, (615) 741-2550, wendy.garvin@tn.gov Anthony Glandorf, 500 James Robertson Parkway, Nashville, Tennessee 37243, (615) 741-3072, Anthony.Glandorf@tn.gov Elizabeth Goldstein, 500 James Robertson Parkway, Nashville, Tennessee 37243, (615) 741-3072, Elizabeth.Goldstein tn. ov (I) Any additional information relevant to the rule proposed for continuation that the committee requests. None. SS-7038 (June 2016) 10 RDA 1693
SS-7038 (June 2016) RDA 1693
Department of State Division of Publications 312 Rosa L. Parks Avenue, 8th Floor Snodgrass/TN Tower Nashville, TN 37243 Phone: 615-741-2650 Email: publications.information@tn.gov For Department of State Use Only Sequence Number: Rule ID(s): File Date: Effective Date: Proposed Rule(s) REDLINE Proposed rules are submitted pursuant to Tenn. Code Ann. 4-5-202, 4-5-207, and 4-5-229 in lieu of a rulemaking hearing. It is the intent of the Agency to promulgate these rules without a rulemaking hearing unless a petition requesting such hearing is filed within ninety (90) days of the filing of the proposed rule with the Secretary of State. To be effective, the petition must be filed with the Agency and be signed by ten (10) persons who will be affected by the amendments, or submitted by a municipality which will be affected by the amendments, or an association of ten (10) or more members, or any standing committee of the General Assembly. The agency shall forward such petition to the Secretary of State. Pursuant to,enn. Code Ann. 4-5-229, any new fee or fee increase promulgated by state agency rule shall take effect on July 1, following the expiration of the ninety (90) day period as provided in 4-5-207. This section shall not apply to rules that implement new fees or fee increases that are promulgated as emergency rules pursuant to 4-5-208(a) and to subsequent rules that make permanent such emergency rules, as amended during the rulemaking process. In addition, this section shall not apply to state agencies that did not, during the preceding two (2) fiscal years, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity in accordance with 4-29- 121 (b). r_ ~ge!lcy/board/commission: Tennessee State- Board g!_~cc()~nta n~i ------ -- -- - -- -----!- D_iv_i_s_io_n_: Division of R~ gulatory Boards,_Department of Commerce & Insurance Contact Person: Elizabeth Goldstein r - -- - ------ ----Address~~ _500 James Robertson _p~i~w._ay, l'jas~vi!le, Je6.~f:!.S~_e~ ----- Z_i.._p: 37243 Phone: 615-741-3072 ------- - ------------------ --- -- Email: Elizabeth.Goldstein @tn.g_ov _ Revision Type (check all that apply): Amendment New Repeal Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row) Chapter Number Chapter Title 0020-01 Board of Accountancy, Licensinq and Reqistration Requirements Rule Number Rule Title 0020-01 -. 01 Definitions Chapter Number Chapter Title 0020-05 Continuing Education Rule Number Rule Title 0020-05-.04 Qualifying Programs
0020-01 Amendments Rule 0020-01 -. 01 (1 )(h) Definitions is amended by deleting the phrase "one year" and substituting instead the phrase "six months" so that as amended, the subparagraph shall read: (h) "Expired License" means a license that is more than one year six months past the expiration date of the license; Rule 0020-01 -.01 (1 )U) is amended by deleting the subparagraph and substituting instead the following: U) (j) "License" or "Licensing" means a CPA certificate or a public accountant registration granted by the Board; "License" means a certificate issued under T.C.A. 62-1-107, a permit issued under T.C.A. 62-1-108, or a registration under T.C.A. 62-1-109, or, in each case, a certificate, license, or permit issued under corresponding provisions of prior law; Authority: T.C.A. 62-1 -103, 62-1-105, 62-1-108, and 62-1-111(a). 0020-05 Amendments Rule 0020-05-.04 Qualifying Programs is amended by deleting the rule in its entirety and substituting the rule with the following language so that as amended the rule shall read: (1) In order to qualify for credit toward satisfaction of the requirements of rule 0020-05 -. 03, a continuing education program must: (a) (b) Be a program of learning which contributes directly to the professional competence of the licensee; and Meet the Statements on Standards for Continuing Professional Education Programs jointly approved by NASBA and AICPA. (2) Programs requiring attendance may be considered for credit if: (a) (b) (c) (d) An outline is prepared and preserved; The program is at least one (1) credit hour [one (1) credit hour = fifty (50) minute period]; The program is conducted by a qualified instructor, discussion leader, or lecturer; and A record of registration or attendance is maintained. (3) Subject to compliance with paragraphs 1 and 2 of this rule, the following are deemed to be qualifying programs: (a) (b) (c) Professional development programs of the AICPA, and state accounting societies and their chapters; Technical sessions at meetings of the AICPA, NASBA, and state accounting societies and their chapters; University or college courses provided that: 1. For credit courses, each semester hour credit shall equal fifteen (15) continuing education credit hours, and each quarter hour credit shall equal (10) continuing education credit hours; 2. For non-credit short courses, continuing education credit shall equal actual time in class; (d) Organized in-firm or in-house (includes any company that gives training for their employees and others) educational programs presented for employees and others without charge; and
(e) Programs of other organizations (accounting, industrial, professional, etc.) recognized by the Board. (4) (5) (6) (7) (8) (9) (9) (10) (11) Formal correspondence or other individual study programs, including those administered via computer, which require registration and provide evidence of satisfactory completion, may qualify for continuing education credit. The number of credit hours of continuing education will be determined by the Board. Such programs taken after January 1, 1999, excluding those offered by the AICPA and state CPA societies, must be approved by the Board or its designee, NASBA's Quality Assurance Program. Continuing education credit will be allowed for service as an instructor, discussion leader or speaker at any program for which participants are eligible to receive continuing education credit. Credit for such service will be awarded on the first presentation only, unless a program has been substantially revised. The amount of credit awarded shall not exceed three times the number of class hours; provided however, credit hours awarded under this paragraph shall not exceed fifty percent (50%) of the total number of credit hours required by this chapter within any two-year period. A licensee who receives credit for services as an instructor, discussion leader, or speaker of a CPE course cannot also receive credit for attendance at the same or substantially same course that the licensee served as an instructor, discussion leader, or speaker within the preceding twelve month period. In the board's discretion, continuing education credit may be allowed for writing articles and books, provided that their preparation contributes to the professional competence of the license holder. Credit for such preparation may be awarded on a self-declaration basis of up to fifty percent (50%) of the two (2) year continuing education requirement. Additional credit may be awarded in exceptional circumstances, upon the written request of the license holder, accompanied by a copy of the article(s) or books(s) and a statement of justification. No credit shall be given for unpublished book(s) or article(s). Continuing education credit may be allowed for the reading of professional journals and the taking of an examination related thereto. Credit hours obtained under this paragraph are limited to twenty percent (20%) of the total number of credit hours required by this chapter within any two (2)-year period and may not be used to meet the requirements of subparagraphs (1 )(a), (b) and (c) of Rule 0020-05-.03. CPE credit may be allowed for the successful completion of exams for Certified Management Accountant (CMA), Certified Information Systems Auditor (CISA), as well as other similar exams approved by the Board. Credit will be awarded at a rate of five (5) times the length of each exam taken and limited to fifty percent (50%) of the total CPE required under Rule 0020-05-.03. In order to insure credit, any program of continuing education not specifically covered by this rule must be submitted to the Board for evaluation before attendance and/or completion. To receive cred it, any program of continu ing education not specifically covered by this ru le must be approved by the Board before completion of the course. A licensee, once per reporting period, may submit for approval up to sixteen (16) hours of CPE from courses that are sponsored by organizations that are not reg istered with NASBA and are either offered on a li mited basis or industry specific. A licensee will not receive cred it for completing a program that was not timely approved by the Board in accordance with Rule 0020-05-.04(9). The Board specifically reserves the right to approve or disapprove credit for all continuing education claimed under this rule. A licensee, once per reporting period, may submit for approval up to sixteen (16) hours of CPE from courses that are sponsored by organizations that are not registered with NASBA, and are either offered on a limited basis or industry specific. Authority: T.C.A. 62-1-105 and 62-1-107.
* If a roll-call vote was necessary, the vote by the Agency on these rules was as follows: Board Member Aye No Abstain Absent Signature (if required) C. Don Royston, CPA Casey M. Stuart, CPA Stephen M. Eldridge, CPA Janet Booker- Davis, CPA Larry Elmore, CPA Kevin N. Monroe, CPA Gay Moon, CPA John G. "Gabe" Roberts, Esq. Pamela Church, CPA William "Trey" H. Watkins, Ill, CPA Judy Wetherbee I certify that this is an accurate and complete copy of proposed rules, lawfully promulgated and adopted by the Tennessee State Board of Accountancy on 05/05/2017 and is in compliance with the provisions of T.C.A. 4-5- 222. The Secretary of State is hereby instructed that, in the absence of a petition for proposed rules being filed under the conditions set out herein and in the locations described, he is to treat the proposed rules as being placed on file in his office as rules at the expiration of ninety (90) days of the filing of the proposed rule with the Secretary of State. Signature: Date: -------------------- Name of Officer: Anthony Glandorf Title of Officer: Chief Counsel -------------------- Subscribed and sworn to before me on: ----------------- Notary Public Signature: ----------------- My commission expires on: -----------------
Rules of the Tennessee State Board of Accountancy Rule 0020-01 -.01 Definitions Rule 0020-05-. 04 Qualifying Programs All proposed rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5. Herbert H. Slatery Ill Attorney General and Reporter Department of State Use Only Date Filed with the Department of State on: Effective on: --------------- Tre Hargett Secretary of State
Regulatory Flexibility Addendum Pursuant to T.C.A. 4-5-401 through 4-5-404, prior to initiating the rule making process, all agencies shall conduct a review of whether a proposed rule or rule affects small business. (1) The type or types of small business and an identification and estimate of the number of small businesses subject to the proposed rule that would bear the cost of, or directly benefit from the proposed rule. Recent amendments to Rule 0020-01-.08(7) reduced the time period for which a license is considered to be expired from one (1) year to six (6) months. The proposed amendments to Rule 0020-01-.01(h) simply reflect that reduction. The Tennessee State Board of Accountancy ("Board") governs over 2,000 registered firms. While a vast majority of those firms are small businesses, they will neither bear the cost of nor directly benefit from the proposed amendment to Rule 0020-01-.01 (h) because the proposed amendments merely promote consistency throughout the rules. The proposed amendments to Rule 0020-01 -. 010) alters the definition of a "license" to be more in line with the statutory definition set forth in T.C.A. 62-1-103(7). The Board currently governs over 2,000 registered firms, and a vast majority of these firms are considered a small business. These firms, however, will likely not bear the cost or directly benefit from the proposed amendments. The proposed amendments to Rule 0020-05-. 04 directly affect the licensee by restricting the manner by which CPE programs that fall outside of the normally accepted programs will be evaluated by the Board. The Board currently oversees about 2,000 registered firms and a vast majority of these firms are considered a small business. The proposed amendments, however, are unlikely to impose a monetary burden or confer financial benefit to these firms. (2) The projected reporting, record keeping and other administrative costs required for compliance with the proposed rule, including the type of professional skills necessary for preparation of the report or record. The proposed amendments to Rule 0020-01-.01(h) were drafted in response to the recent amendments to Rule 0020-01-.08(7), which reduced the time period for which a license is considered to be expired from one (1) year to six (6) months. The proposed amendments here should have been made when Rule 0020-01-.08(7) was amended. A licensee is responsible for renewing the license within six (6) months past the expiration date. Similar to Rule 0020-01-.08(7), the proposed amendments Rule 0020-01-.01(h will not impose any additional cost or require a new set of skills. The proposed amendments to Rule 0020-01 -. 01 U) will not impose any additional reporting, record keeping, or other administrative costs for compliance. In fact, the amendments merely reflect the statutory definition of a "License" found in T.C.A. 62-1-103(7). The proposed amendments to Rule 0020-05-.04 will not impose any additional reporting, recordkeeping, and other administrative costs required for compliance. All licensees, without exception, must comply with CPE requirements. The proposed amendments simply prescribe the types of CPE courses that may be submitted for approval and when they must be submitted. All licensees are required to timely manage their CPE courses and corresponding approval. (3) A statement of the probable effect on impacted small businesses and consumers. The proposed amendments to Rule 0020-01-.01(h) were drafted in response to the recent amendments to Rule 0020-01-.08(7), which reduced the time period for which a license is considered to be expired from one (1) year to six (6) months. The proposed amendments here should have been made when Rule 0020-01-.08(7) was amended. The proposed amendments will likely reduce confusion among licensees about license renewal requirements. Consumers will also be better protected because the proposed amendments encourage licensees to timely renew their license and to remain in good standing. Consumers and small businesses will likely benefit because the proposed amendments to Rule 0020-01-.010) clarify the existing rules and promote consistency of the term "license." Accordingly, the proposed amendments will not have any negative effect on small businesses and consumers. SS-7038 (June 2016) 6 RDA 1693
The proposed amendments to Rule 0020-05-.04 will benefit consumers because the amendments enhance the Board's ability to oversee CPE programs, and to monitor licensees for potential violations. The Board's oversight of these programs is essential for ensuring that licensees are properly educated on changes to existing practices. (4) A description of any less burdensome, less intrusive or less costly alternative methods of achieving the purpose and objectives of the proposed rule that may exist, and to what extent the alternative means might be less burdensome to small business. The Board avers that the proposed amendments to Rules 0020-01 -.01 (h), 0020-01-.01 U), and 0020-05-.04 are not burdensome, intrusive, or costly to small businesses. (5) A comparison of the proposed rule with any federal or state counterparts. There are no known federal or state counterparts to the rules. (6) Analysis of the effect of the possible exemption of small businesses from all or any part of the requirements contained in the proposed rule. Licensees should be held to the same renewal requirements. If licensees working for small businesses were exempted from the license renewal time period, it would likely create confusion among the licensees. Exemption from Rule 0020-01-.01 U) would not benefit small businesses because the proposed amendments merely bring the definition of a "license" under the Rules in conformity with T.C.A. 62-1-103(7). Exemption from Rule 0020-05-.04 would not benefit small businesses because all licensees, even those working for a small business, must maintain their CPE hours. The proposed amendments do not impose any new requirements on small businesses. Rather, the proposed amendments only clarify when a licensee can submit his or her CPE hours from sources that are currently not sanctioned by the Board. CPE hours are vital in ensuring that licensees remain knowledgeable about current trends and important changes in the profession. Impact on Local Governments SS-7038 (June 2016) 7 RDA 1693
Pursuant to T.C.A. 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 (http://state.tn. us/sos/acts/106/pub/pc1070. pdf) of the 2010 Session of the General Assembly) This proposed rules will not impact local governments. Additional Information Required by Joint Government Operations Committee SS-7038 (June 2016) 8 RDA 1693
All agencies, upon filing a rule, must also submit the following pursuant to T.C.A. 4-5-226(i)(1 ). (A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule; Recent amendments to Rule 0020-01 -. 08(7) reduced the time period for which a license is considered to be expired from one (1) year to six (6) months. The proposed amendments to Rule 0020-01-.01 (h) simply reflect that reduction. Specifically, the proposed amendments define an "Expired License" as a license that is more than six (6) months past its expiration date. Under the current version of Rule 0020-01-.01 (h), a license is expired if it is more than one (1) year past its expiration date. If adopted, Rule 0020-01-.01 (h) will benefit all licensees by clarifying when a license must be renewed before it expires. The proposed amendments to Rule 0020-01 -. 01 U) alter the definition of a "license" to be more in line with the statutory definition set forth in T.C.A. 62-1-103(7). This consistency will help eliminate confusion among licensees, as "License" is mentioned throughout the Board's rules. The proposed amendments to Rule 0020-05-.04 prescribe how a licensee can receive credit for completing CPE programs that are not already accounted for in the Rules. Specifically, the proposed amendments require a licensee to seek the Board's approval before attending such programs. The proposed amendments also caution that a licensee will not receive credit if he or she fails to obtain the Board's approval prior to attendance. (B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto; There are no known federal laws or regulations mandating promulgation of these rules. T.C.A. 62-1-105(e) authorizes the Board to adopt rules to enforce the Tennessee Accountancy Act of 1998. (C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule; The proposed amendments to Rule 0020-01-.01 (h) and Rule 0020-01-.01 U) will impact all licensed CPAs. Their position, however, is unknown to the Board. The proposed amendments to Rule 0020-05-.04 will impact all licensed CPAs. Their position, however, is unknown to the Board. (D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule; No Attorney General opinion or judicial ruling directly relates to the promulgation of these proposed amendments. (E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less; I The fiscal impact of these rules is nominal. (F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule; I Wendy Garvin, SS-7038 (June 2016) 9 RDA 1693
Executive Director of the Tennessee State Board of Accountancy Anthony Glandorf, Chief Counsel Elizabeth Goldstein, Assistant General Counsel (G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees; Wendy Garvin, Executive Director of the Tennessee State Board of Accountancy Anthony Glandorf, Chief Counsel Elizabeth Goldstein, Assistant General Counsel (H) Office address, telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and Wendy Garvin, 500 James Robertson Parkway, Nashville, Tennessee 37243, (615) 741-2550, wendy.qarvin@tn.gov Anthony Glandorf, 500 James Robertson Parkway, Nashville, Tennessee 37243, (615) 741-3072, Anthony. Glandorf@tn.gov Elizabeth Goldstein, 500 James Robertson Parkway, Nashville, Tennessee 37243, (615) 741-3072, Elizabeth.Goldstein tn. av (I) Any additional information relevant to the rule proposed for continuation that the committee requests. None. SS-7038 (June 2016) 10 RDA 1693
SS-7038 (June 2016) RDA 1693