201 KAR 1:140. Procedures for the reinstatement and reissuance of a license.

      RELATES TO: KRS 325.330(6), 325.370

      STATUTORY AUTHORITY: KRS 325.240, 325.330(6), (7), 325.370

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 325.330(6) and (7) and 325.370 authorize the board to reinstate and reissue licenses that have expired, been suspended, revoked or denied renewal. This administrative regulation establishes the procedures for reinstating and reissuing a license.

      Section 1. Definition. "Accounting and auditing course" means a field of study dealing with pronouncements of authoritative accounting principles issued by the standard setting bodies and other related subjects generally classified with the accounting discipline and shall include auditing subjects related to the examination of financial statements, operations, systems and programs; the review of internal and management controls; the reporting on the results of audit findings; compilations; and reviews but shall not include courses in tax and computer software training classes shall not meet this definition.

      Section 2. A licensee who failed to renew his license by the July 1 deadline shall be allowed to renew his license by complying with the requirements of KRS 325.330(4)(a), (b), (c) and (d), 201 KAR 1:100, 201 KAR 1:065, and paying the following late fee based on the date license renewal materials are received at the board office:

      (1) Twenty-five (25) dollars between July 2 and August 31;

      (2) Fifty (50) dollars between September 1 and October 31;

      (3) $100 dollars between November 1 and December 31.

      Section 3. (1) A license expired for a period of more than six (6) months or voluntarily surrendered for any reason except when a complaint is pending before the board may be reinstated if the applicant submits a completed "License Reinstatement Application" that includes the following information:

      (a) Documentation of successful completion of eighty (80) hours of continuing professional education, of which one-half (1/2) are accounting and auditing courses;

      (b) The hours shall:

      1. Have been completed within two (2) years of the reinstatement request; and

      2. Not have been previously used to satisfy Kentucky license renewal requirements.

      (c) A money order or check in the amount of $200 made payable to the Kentucky State Board of Accountancy.

      (2) An individual who at the time of submitting an application is actively licensed in another state that maintains a continuing education requirement shall satisfy all of the requirements of this section except for the continuing education hours described in subsection (1)(a) and (b) of this section.

      Section 4. (1) If a license was revoked for reasons other than failure to satisfy the continuing professional education requirements, it may be considered for reinstatement if the applicant for reinstatement submits to the board fifteen (15) days prior to the next scheduled meeting:

      (a) A letter:

      1. Requesting reinstatement;

      2. Specifying the manner in which the applicant for reinstatement has complied with the terms of a disciplinary order of board; and

      3. A statement of the reasons the board should reinstate him.

      (2)(a) Except as provided in paragraph (b) of this subsection, the board:

      1. Shall review the request for reinstatement; the findings of fact, conclusions of law, and board order; and

      2. May affirm or deny the request; or

      3. State in writing the corrective or remedial education, training or review required before reinstatement shall be granted.

      (b) The board may decline to consider a request for reinstatement submitted to the board prior to the date for resubmission that is specified in the disciplinary order of the board.

      (3)(a) If an applicant for reinstatement disagrees with the board's determination under this section, he may file a written request for a hearing before the board.

      (b) A hearing held pursuant to the provisions of this subsection shall be conducted in accordance with KRS 325.360 and 201 KAR 1:150.

Section 5. Incorporation by Reference. (1) "Reinstatement License Application (2001)" is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the State Board of Accountancy, 332 W. Broadway, Suite 310, Louisville, Kentucky 40202, Monday through Friday, between 8 a.m. to 4:30 p.m. (18 Ky.R. 3069; eff. 6-7-92; Am. 20 Ky.R. 2043; 2775; eff. 3-8-94; 28 Ky.R. 1671; 2189; eff. 4-15-2002.)