As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                  S. B. No. 200  5            

      1997-1998                                                    6            


                          SENATOR CUPP                             8            


                                                                   10           

                           A   B I L L                                          

             To amend sections 1111.01, 2925.01, 4701.01,          12           

                4701.04, 4701.06, 4701.061, 4701.07, 4701.10,      13           

                4701.11, 4701.12, 4701.13, 4701.14, and 4701.16                 

                and to enact section 4701.29 of the Revised Code   15           

                to permit certain persons who do not hold a        16           

                license to practice as an accountant to acquire    17           

                an ownership interest in public accounting firms,               

                to change the definitions of the "practice of      18           

                public accounting" and "permit" under the                       

                Accountancy Law, to make other definitional        19           

                changes, and to expand the discipline that may be  20           

                imposed for infractions of that law.                            




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        22           

      Section 1.  That sections 1111.01, 2925.01, 4701.01,         24           

4701.04, 4701.06, 4701.061, 4701.07, 4701.10, 4701.11, 4701.12,    26           

4701.13, 4701.14, and 4701.16 be amended and section 4701.29 of    28           

the Revised Code be enacted to read as follows:                    29           

      Sec. 1111.01.  As used in this chapter:                      38           

      (A)  "Charitable trust" means a charitable remainder         40           

annuity trust as defined in section 664(d) of the Internal         41           

Revenue Code, a charitable remainder unitrust as defined in        42           

section 664(d) of the Internal Revenue Code, a charitable lead or  43           

other split interest trust subject to the governing instrument     44           

requirements of section 508(e) of the Internal Revenue Code, a     45           

pooled income fund as defined in section 642(c) of the Internal                 

Revenue Code, a trust that is a private foundation as defined in   46           

                                                          2      

                                                                 
section 509 of the Internal Revenue Code, or a trust of which      47           

each beneficiary is a charity.                                     48           

      For purposes of this division and division (B) of this       50           

section, "Internal Revenue Code" means the "Internal Revenue Code  51           

of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.               52           

      (B)  "Charity" means a state university as defined in        54           

section 3345.011 of the Revised Code, a community college as       56           

defined in section 3354.01 of the Revised Code, a technical                     

college as defined in section 3357.01 of the Revised Code, a       57           

state community college as defined in section 3358.01 of the       58           

Revised Code, a private college or university that possesses a     59           

certificate of authorization issued by the Ohio board of regents   60           

pursuant to Chapter 1713. of the Revised Code, a trust or          61           

organization exempt from taxation under section 501(c)(3) or       62           

section 501(c)(13) of the Internal Revenue Code, or a              64           

corporation, trust, or organization described in section           65           

170(c)(2) of the Internal Revenue Code.  The term "charities"      66           

means more than one trust or organization that is a charity.                    

      (C)  "Collective investment fund" means a fund established   68           

by a trust company or an affiliate of a trust company for the      69           

collective investment of assets held in a fiduciary capacity,      70           

either alone or with one or more cofiduciaries, by the             71           

establishing trust company and its affiliates.                                  

      (D)  "Fiduciary investment company" means a corporation      73           

that is both of the following:                                     74           

      (1)  An investment company;                                  76           

      (2)  Incorporated, owned, and operated in accordance with    78           

rules adopted by the superintendent of financial institutions for  79           

the investment of funds held by trust companies in a fiduciary     80           

capacity and for true fiduciary purposes, either alone or with     81           

one or more cofiduciaries.                                                      

      (E)  "Instrument" includes any will, declaration of trust,   83           

agreement of trust, agency, or custodianship, or court order       84           

creating a fiduciary relationship.                                 85           

                                                          3      

                                                                 
      (F)  "Investment company" means any investment company as    87           

defined in section 3 and registered under section 8 of the         88           

"Investment Company Act of 1940," 54 Stat. 789, 15 U.S.C.A. 80a-3  90           

and 80a-8.                                                                      

      (G)  "Trust business" means accepting and executing trusts   92           

of property, serving as a trustee, executor, administrator,        93           

guardian, receiver, or conservator, and providing fiduciary        94           

services as a business.  "Trust business" does not include any of  95           

the following:                                                                  

      (1)  Any natural person acting as a trustee, executor,       97           

administrator, guardian, receiver, or conservator, pursuant to     99           

appointment by a court of competent jurisdiction;                               

      (2)  Any natural person serving as a trustee who does not    102          

hold self out to the public as willing to act as a trustee for                  

hire.  For purposes of division (G) of this section, the           104          

solicitation or advertisement of legal or accounting services by   105          

a person licensed in this state as an attorney or a person         106          

holding a live AN OHIO permit to practice public accounting        107          

issued under division (A) of section 4701.10 of the Revised Code   108          

shall not be considered to be the act of holding self out to the   109          

public as willing to act as a trustee for hire.                    110          

      (3)  A charity, an officer or employee of a charity, or a    113          

person affiliated with a charity, serving as trustee of a          114          

charitable trust of which the charity, or another charity with a                

similar purpose, is a beneficiary;                                 115          

      (4)  Other fiduciary activities the superintendent           117          

determines are not undertaken as a business.                       118          

      Sec. 2925.01.  As used in this chapter:                      131          

      (A)  "Administer," "controlled substance," "dispense,"       133          

"distribute," "federal drug abuse control laws," "hypodermic,"     134          

"manufacturer," "official written order," "person," "pharmacist,"  136          

"pharmacy," "practitioner," "prescription," "sale," "schedule I,"  137          

"schedule II," "schedule III," "schedule IV," "schedule V," and    138          

"wholesaler" have the same meanings as in section 3719.01 of the   139          

                                                          4      

                                                                 
Revised Code.                                                                   

      (B)  "Drug dependent person" and "drug of abuse" have the    141          

same meanings as in section 3719.011 of the Revised Code.          142          

      (C)  "Drug," "dangerous drug," and "Federal Food, Drug, and  144          

Cosmetic Act" have the same meanings as in section 4729.02 of the  145          

Revised Code.                                                      146          

      (D)  "Bulk amount" of a controlled substance means any of    148          

the following:                                                     149          

      (1)  For any compound, mixture, preparation, or substance    151          

included in schedule I, schedule II, or schedule III, with the     153          

exception of marihuana, cocaine, L.S.D., heroin, and hashish and                

except as provided in division (D)(2) or (5) of this section,      155          

whichever of the following is applicable:                                       

      (a)  An amount equal to or exceeding ten grams or            157          

twenty-five unit doses of a compound, mixture, preparation, or     158          

substance that is or contains any amount of a schedule I opiate    159          

or opium derivative;                                               160          

      (b)  An amount equal to or exceeding ten grams of a          163          

compound, mixture, preparation, or substance that is or contains   164          

any amount of raw or gum opium;                                    165          

      (c)  An amount equal to or exceeding thirty grams or ten     168          

unit doses of a compound, mixture, preparation, or substance that  169          

is or contains any amount of a schedule I hallucinogen other than  170          

tetrahydrocannabinol or lysergic acid amide, or a schedule I       173          

stimulant or depressant;                                           174          

      (d)  An amount equal to or exceeding twenty grams or five    177          

times the maximum daily dose in the usual dose range specified in  178          

a standard pharmaceutical reference manual of a compound,          179          

mixture, preparation, or substance that is or contains any amount  180          

of a schedule II opiate or opium derivative;                       181          

      (e)  An amount equal to or exceeding five grams or ten unit  183          

doses of a compound, mixture, preparation, or substance that is    184          

or contains any amount of phencyclidine;                           185          

      (f)  An amount equal to or exceeding one hundred twenty      187          

                                                          5      

                                                                 
grams or thirty times the maximum daily dose in the usual dose     188          

range specified in a standard pharmaceutical reference manual of   189          

a compound, mixture, preparation, or substance that is or          190          

contains any amount of a schedule II stimulant that is in a final  191          

dosage form manufactured by a person authorized by the Federal     192          

Food, Drug, and Cosmetic Act and the federal drug abuse control    193          

laws, that is or contains any amount of a schedule II depressant   194          

substance or a schedule II hallucinogenic substance;               195          

      (g)  An amount equal to or exceeding three grams of a        198          

compound, mixture, preparation, or substance that is or contains   199          

any amount of a schedule II stimulant, or any of its salts or      200          

isomers, that is not in a final dosage form manufactured by a      201          

person authorized by the Federal Food, Drug, and Cosmetic Act and  202          

the federal drug abuse control laws.                               203          

      (2)  An amount equal to or exceeding one hundred twenty      206          

grams or thirty times the maximum daily dose in the usual dose     207          

range specified in a standard pharmaceutical reference manual of   209          

a compound, mixture, preparation, or substance that is or          211          

contains any amount of a schedule III or IV substance other than   213          

an anabolic steroid or a schedule III opiate or opium derivative;  214          

      (3)  An amount equal to or exceeding twenty grams or five    216          

times the maximum daily dose in the usual dose range specified in  217          

a standard pharmaceutical reference manual of a compound,          218          

mixture, specification PREPARATION, or substance that is or        220          

contains any amount of a schedule III opiate or opium derivative;               

      (4)  An amount equal to or exceeding two hundred fifty       222          

milliliters or two hundred fifty grams of a compound, mixture,     223          

preparation, or substance that is or contains any amount of a      224          

schedule V substance;                                              225          

      (5)  An amount equal to or exceeding two hundred solid       228          

dosage units, sixteen grams, or sixteen milliliters of a           229          

compound, mixture, preparation, or substance that is or contains   230          

any amount of a schedule III anabolic steroid.                     231          

      (E)  "Unit dose" means an amount or unit of a compound,      233          

                                                          6      

                                                                 
mixture, or preparation containing a controlled substance that is  234          

separately identifiable and is in a form indicating that           235          

indicates that it is the amount or unit by which the controlled    237          

substance is separately administered to or taken by an             238          

individual.                                                        239          

      (F)  "Cultivate" includes planting, watering, fertilizing,   241          

or tilling.                                                        242          

      (G)  "Drug abuse offense" means any of the following:        244          

      (1)  A violation of division (A) of section 2913.02 that     246          

constitutes theft of drugs, or a violation of section 2925.02,     247          

2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13,     248          

2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the     250          

Revised Code;                                                                   

      (2)  A violation of an existing or former law of this or     252          

any other state or of the United States that is substantially      253          

equivalent to any section listed in division (G)(1) of this        254          

section;                                                           255          

      (3)  An offense under an existing or former law of this or   257          

any other state, or of the United States, of which planting,       258          

cultivating, harvesting, processing, making, manufacturing,        259          

producing, shipping, transporting, delivering, acquiring,          260          

possessing, storing, distributing, dispensing, selling, inducing   261          

another to use, administering to another, using, or otherwise      262          

dealing with a controlled substance is an element;                 263          

      (4)  A conspiracy to commit, attempt to commit, or           265          

complicity in committing or attempting to commit any offense       266          

under division (G)(1), (2), or (3) of this section.                267          

      (H)  "Felony drug abuse offense" means any drug abuse        269          

offense that would constitute a felony under the laws of this      270          

state, any other state, or the United States.                      271          

      (I)  "Harmful intoxicant" does not include beer or           273          

intoxicating liquor but means any compound, mixture, preparation,  275          

or substance the gas, fumes, or vapor of which when inhaled can    276          

induce intoxication, excitement, giddiness, irrational behavior,   277          

                                                          7      

                                                                 
depression, stupefaction, paralysis, unconsciousness,              278          

asphyxiation, or other harmful physiological effects, and          279          

includes, but is not limited to, any of the following:             280          

      (1)  Any volatile organic solvent, plastic cement, model     282          

cement, fingernail polish remover, lacquer thinner, cleaning       283          

fluid, gasoline, or other preparation containing a volatile        284          

organic solvent;                                                   285          

      (2)  Any aerosol propellant;                                 287          

      (3)  Any fluorocarbon refrigerant;                           289          

      (4)  Any anesthetic gas.                                     291          

      (J)  "Manufacture" means to plant, cultivate, harvest,       293          

process, make, prepare, or otherwise engage in any part of the     294          

production of a drug, by propagation, extraction, chemical         295          

synthesis, or compounding, or any combination of the same, and     296          

includes packaging, repackaging, labeling, and other activities    297          

incident to production.                                            298          

      (K)  "Possess" or "possession" means having control over a   300          

thing or substance, but may not be inferred solely from mere       301          

access to the thing or substance through ownership or occupation   302          

of the premises upon which the thing or substance is found.        303          

      (L)  "Sample drug" means a drug or pharmaceutical            305          

preparation that would be hazardous to health or safety if used    306          

without the supervision of a practitioner, or a drug of abuse,     307          

and that, at one time, had been placed in a container plainly      308          

marked as a sample by a manufacturer.                              309          

      (M)  "Standard pharmaceutical reference manual" means the    311          

current edition, with cumulative changes if any, of any of the     312          

following reference works:                                         313          

      (1)  "The National Formulary";                               315          

      (2)  "The United States Pharmacopeia," prepared by           317          

authority of the United States Pharmacopeial Convention, Inc.;     318          

      (3)  Other standard references that are approved by the      320          

state board of pharmacy.                                           321          

      (N)  "Juvenile" means a person under eighteen years of age.  323          

                                                          8      

                                                                 
      (O)  "Counterfeit controlled substance" means any of the     325          

following:                                                         326          

      (1)  Any drug that bears, or whose container or label        328          

bears, a trademark, trade name, or other identifying mark used     329          

without authorization of the owner of rights to that trademark,    330          

trade name, or identifying mark;                                   331          

      (2)  Any unmarked or unlabeled substance that is             333          

represented to be a controlled substance manufactured, processed,  334          

packed, or distributed by a person other than the person that      335          

manufactured, processed, packed, or distributed it;                336          

      (3)  Any substance that is represented to be a controlled    338          

substance but is not a controlled substance or is a different      339          

controlled substance;                                              340          

      (4)  Any substance other than a controlled substance that a  342          

reasonable person would believe to be a controlled substance       343          

because of its similarity in shape, size, and color, or its        344          

markings, labeling, packaging, distribution, or the price for      345          

which it is sold or offered for sale.                              346          

      (P)  An offense is "committed in the vicinity of a school"   348          

if the offender commits the offense on school premises, in a       349          

school building, or within one thousand feet of the boundaries of  350          

any school premises.                                                            

      (Q)  "School" means any school operated by a board of        352          

education or any school for which the state board of education     353          

prescribes minimum standards under section 3301.07 of the Revised  354          

Code, whether or not any instruction, extracurricular activities,  355          

or training provided by the school is being conducted at the time  356          

a criminal offense is committed.                                   357          

      (R)  "School premises" means either of the following:        359          

      (1)  The parcel of real property on which any school is      361          

situated, whether or not any instruction, extracurricular          362          

activities, or training provided by the school is being conducted  363          

on the premises at the time a criminal offense is committed;       364          

      (2)  Any other parcel of real property that is owned or      366          

                                                          9      

                                                                 
leased by a board of education of a school or the governing body   367          

of a school for which the state board of education prescribes      368          

minimum standards under section 3301.07 of the Revised Code and    369          

on which some of the instruction, extracurricular activities, or   370          

training of the school is conducted, whether or not any            371          

instruction, extracurricular activities, or training provided by   372          

the school is being conducted on the parcel of real property at    373          

the time a criminal offense is committed.                          374          

      (S)  "School building" means any building in which any of    376          

the instruction, extracurricular activities, or training provided  377          

by a school is conducted, whether or not any instruction,          378          

extracurricular activities, or training provided by the school is  379          

being conducted in the school building at the time a criminal      380          

offense is committed.                                              381          

      (T)  "Disciplinary counsel" means the disciplinary counsel   383          

appointed by the board of commissioners on grievances and          384          

discipline of the supreme court under the Rules for the            385          

Government of the Bar of Ohio.                                     386          

      (U)  "Certified grievance committee" means a duly            388          

constituted and organized committee of the Ohio state bar          389          

association or of one or more local bar associations of the state  390          

of Ohio that complies with the criteria set forth in Rule V,       391          

section 6 of the Rules for the Government of the Bar of Ohio.      392          

      (V)  "Professional license" means any license, permit,       394          

certificate, registration, qualification, admission, temporary     395          

license, temporary permit, temporary certificate, or temporary     396          

registration that is described in divisions (W)(1) to (35) of      397          

this section and that qualifies a person as a professionally       398          

licensed person.                                                   399          

      (W)  "Professionally licensed person" means any of the       401          

following:                                                         402          

      (1)  A person who has obtained a license as a manufacturer   404          

of controlled substances or a wholesaler of controlled substances  405          

under Chapter 3719. of the Revised Code;                           406          

                                                          10     

                                                                 
      (2)  A person who has received a certificate or temporary    408          

certificate as a certified public accountant or who has            409          

registered as a public accountant under Chapter 4701. of the       410          

Revised Code and who holds a live AN OHIO permit issued under      412          

that chapter;                                                      413          

      (3)  A person who holds a certificate of qualification to    415          

practice architecture issued or renewed and registered under       416          

Chapter 4703. of the Revised Code;                                 417          

      (4)  A person who is registered as a landscape architect     419          

under Chapter 4703. of the Revised Code or who holds a permit as   420          

a landscape architect issued under that chapter;                   421          

      (5)  A person licensed as an auctioneer or apprentice        423          

auctioneer or licensed to operate an auction company under         424          

Chapter 4707. of the Revised Code;                                 425          

      (6)  A person who has been issued a certificate of           427          

registration as a registered barber under Chapter 4709. of the     428          

Revised Code;                                                      429          

      (7)  A person licensed and regulated to engage in the        431          

business of a debt pooling company by a legislative authority,     432          

under authority of Chapter 4710. of the Revised Code;              433          

      (8)  A person who has been issued a cosmetologist's          435          

license, manicurist's license, esthetician's license, managing     436          

cosmetologist's license, managing manicurist's license, managing   437          

esthetician's license, cosmetology instructor's license,           438          

manicurist instructor's license, esthetician instructor's          439          

license, or tanning facility permit under Chapter 4713. of the     440          

Revised Code;                                                      441          

      (9)  A person who has been issued a license to practice      443          

dentistry, a general anesthesia permit, a conscious intravenous    444          

sedation permit, a limited resident's license, a limited teaching  445          

license, a dental hygienist's license, or a dental hygienist's     446          

teacher's certificate under Chapter 4715. of the Revised Code;     447          

      (10)  A person who has been issued an embalmer's license, a  449          

funeral director's license, or a funeral home license, or who has  450          

                                                          11     

                                                                 
been registered for a funeral director's apprenticeship under      451          

Chapter 4717. of the Revised Code;                                 452          

      (11)  A person who has been licensed as a registered nurse   454          

or practical nurse, or who has been issued a certificate for the   455          

practice of nurse-midwifery under Chapter 4723. of the Revised     456          

Code;                                                              457          

      (12)  A person who has been licensed to practice optometry   459          

or to engage in optical dispensing under Chapter 4725. of the      460          

Revised Code;                                                      461          

      (13)  A person licensed to act as a pawnbroker under         463          

Chapter 4727. of the Revised Code;                                 464          

      (14)  A person licensed to act as a precious metals dealer   466          

under Chapter 4728. of the Revised Code;                           467          

      (15)  A person registered as a pharmacist, a pharmacy        469          

intern, a wholesale distributor of dangerous drugs, or a terminal  470          

distributor of dangerous drugs under Chapter 4729. of the Revised  471          

Code;                                                              472          

      (16)  A person who is authorized to practice as a physician  474          

assistant under Chapter 4730. of the Revised Code;                 475          

      (17)  A person who has been issued a certificate to          477          

practice medicine and surgery, osteopathic medicine and surgery,   478          

a limited branch of medicine or surgery, or podiatry under         479          

Chapter 4731. of the Revised Code;                                 480          

      (18)  A person licensed as a psychologist or school          482          

psychologist under Chapter 4732. of the Revised Code;              483          

      (19)  A person registered to practice the profession of      485          

engineering or surveying under Chapter 4733. of the Revised Code;  486          

      (20)  A person who has been issued a certificate to          488          

practice chiropractic under Chapter 4734. of the Revised Code;     489          

      (21)  A person licensed to act as a real estate broker,      491          

real estate salesman, limited real estate broker, or limited real  492          

estate salesman under Chapter 4735. of the Revised Code;           493          

      (22)  A person registered as a registered sanitarian under   495          

Chapter 4736. of the Revised Code;                                 496          

                                                          12     

                                                                 
      (23)  A person licensed to operate or maintain a junkyard    498          

under Chapter 4737. of the Revised Code;                           499          

      (24)  A person who has been issued a motor vehicle salvage   501          

dealer's license under Chapter 4738. of the Revised Code;          502          

      (25)  A person who has been licensed to act as a steam       504          

engineer under Chapter 4739. of the Revised Code;                  505          

      (26)  A person who has been issued a license or temporary    507          

permit to practice veterinary medicine or any of its branches, or  508          

who is registered as a graduate animal technician under Chapter    509          

4741. of the Revised Code;                                         510          

      (27)  A person who has been issued a hearing aid dealer's    512          

or fitter's license or trainee permit under Chapter 4747. of the   513          

Revised Code;                                                      514          

      (28)  A person who has been issued a class A, class B, or    516          

class C license or who has been registered as an investigator or   517          

security guard employee under Chapter 4749. of the Revised Code;   518          

      (29)  A person licensed and registered to practice as a      520          

nursing home administrator under Chapter 4751. of the Revised      521          

Code;                                                              522          

      (30)  A person licensed to practice as a speech pathologist  524          

or audiologist under Chapter 4753. of the Revised Code;            525          

      (31)  A person issued a license as an occupational           527          

therapist or physical therapist under Chapter 4755. of the         528          

Revised Code;                                                      529          

      (32)  A person who is licensed as a professional clinical    531          

counselor or professional counselor, licensed as a social worker   532          

or independent social worker, or registered as a social work       533          

assistant under Chapter 4757. of the Revised Code;                 534          

      (33)  A person issued a license to practice dietetics under  536          

Chapter 4759. of the Revised Code;                                 537          

      (34)  A person who has been issued a license or temporary    539          

permit to practice respiratory therapy under Chapter 4761. of the  540          

Revised Code;                                                      541          

      (35)  A person who has been issued a real estate appraiser   543          

                                                          13     

                                                                 
certificate under Chapter 4763. of the Revised Code.               544          

      (X)  "Cocaine" means any of the following:                   546          

      (1)  A cocaine salt, isomer, or derivative, a salt of a      548          

cocaine isomer or derivative, or the base form of cocaine;         549          

      (2)  Coca leaves or a salt, compound, derivative, or         551          

preparation of coca leaves, including ecgonine, a salt, isomer,    552          

or derivative of ecgonine, or a salt of an isomer or derivative    553          

of ecgonine;                                                       554          

      (3)  A salt, compound, derivative, or preparation of a       556          

substance identified in division (X)(1) or (2) of this section     558          

that is chemically equivalent to or identical with any of those    559          

substances, except that the substances shall not include           560          

decocainized coca leaves or extraction of coca leaves if the       561          

extractions do not contain cocaine or ecgonine.                    562          

      (Y)  "L.S.D." means lysergic acid diethylamide.              565          

      (Z)  "Hashish" means the resin or a preparation of the       567          

resin contained in marihuana, whether in solid form or in a        568          

liquid concentrate, liquid extract, or liquid distillate form.     569          

      (AA)  "Marihuana" has the same meaning as in section         571          

3719.01 of the Revised Code, except that it does not include       573          

hashish.                                                                        

      (BB)  An offense is "committed in the vicinity of a          575          

juvenile" if the offender commits the offense within one hundred   577          

feet of a juvenile or within the view of a juvenile, regardless    578          

of whether the offender knows the age of the juvenile, whether     579          

the offender knows the offense is being committed within one       580          

hundred feet of or within view of the juvenile, or whether the     581          

juvenile actually views the commission of the offense.                          

      (CC)  "Presumption for a prison term" or "presumption that   583          

a prison term shall be imposed" means a presumption, as described  584          

in division (D) of section 2929.13 of the Revised Code, that a     585          

prison term is a necessary sanction for a felony in order to       586          

comply with the purposes and principles of sentencing under        587          

section 2929.11 of the Revised Code.                                            

                                                          14     

                                                                 
      (DD)  "Major drug offender" has the same meaning as in       589          

section 2929.01 of the Revised Code.                               590          

      (EE)  "Minor drug possession offense" means either of the    592          

following:                                                         593          

      (1)  A violation of section 2925.11 of the Revised Code as   595          

it existed prior to July 1, 1996;                                  596          

      (2)  A violation of section 2925.11 of the Revised Code as   598          

it exists on and after July 1, 1996, this that is a misdemeanor    599          

or a felony of the fifth degree.                                   600          

      (FF)  "Mandatory prison term" has the same meaning as in     603          

section 2929.01 of the Revised Code.                                            

      (GG)  "Crack cocaine" means a compound, mixture,             605          

preparation, or substance that is or contains any amount of        606          

cocaine that is analytically identified as the base form of        607          

cocaine or that is in a form that resembles rocks or pebbles       608          

generally intended for individual use.                                          

      Sec. 4701.01.  As used in this chapter:                      617          

      (A)  "Live permit" means a permit issued under section       619          

4701.10 of the Revised Code that is not suspended or revoked       620          

PRACTICE OF PUBLIC ACCOUNTING" MEANS PERFORMING OR OFFERING TO     622          

PERFORM ANY ENGAGEMENT THAT WILL RESULT IN THE ISSUANCE OF AN      623          

ATTEST REPORT, AND, WITH RESPECT TO A PERSON WHO HOLDS A CPA       624          

CERTIFICATE, PA REGISTRATION, FOREIGN CERTIFICATE, OR FIRM         626          

REGISTRATION, ANY OTHER SERVICES INVOLVING THE USE OF ACCOUNTING   627          

OR AUDITING SKILLS AS ESTABLISHED BY RULES ADOPTED BY THE          628          

ACCOUNTANCY BOARD.                                                              

      (B)  "Public accounting firm" means a sole proprietorship,   630          

a partnership, a limited liability company, a professional         631          

association, a corporation-for-profit, or any other legal entity   632          

BUSINESS ORGANIZATION that is permitted by the accountancy board   634          

to engage ENGAGED in the practice of public accounting in this     635          

state.                                                             636          

      (C)  "Opinion on a financial statement" means any opinion    638          

expressed in accordance with generally accepted auditing           639          

                                                          15     

                                                                 
standards as to the fairness of presentation of information used   640          

for guidance in financial transactions or for accounting or for    641          

assessing the status or performance of commercial and              642          

noncommercial enterprises, whether public, private, or             643          

governmental.                                                      644          

      (D)  "Quality review" means a study, appraisal, or review    646          

of one or more aspects of the professional work of a public        647          

accounting firm that meets the standards and requirements set      648          

forth by the accountancy board.                                    649          

      (E)  "Review report on a financial statement" means either   651          

of the following:                                                  652          

      (1)  Any review report issued with respect to any of the     654          

following:                                                         655          

      (a)  Interim financial information in accordance with        657          

generally accepted auditing standards;                             658          

      (b)  The financial information of a nonpublic entity in      660          

accordance with statements on standards for accounting and review  661          

services;                                                          662          

      (c)  The reliability of another party's written assertion    664          

in accordance with statements on standards for attestation         665          

engagements.                                                       666          

      (2)  Any other review report issued in accordance with       668          

standards promulgated by the American institute of certified       669          

public accountants.                                                670          

      (F)  "Compilation report on a financial statement" means     672          

any compilation report issued with respect to financial            673          

information of a nonpublic entity in accordance with statements    674          

on standards for accounting and review services as promulgated by  675          

the American institute of certified public accountants.            676          

      (G)  "Examination report on a financial statement" means     678          

any examination report issued with respect to another party's      679          

written assertion in accordance with statements on standards for   680          

attestation engagements as promulgated by the American institute   681          

of certified public accountants.                                   682          

                                                          16     

                                                                 
      (H)  "Agreed-upon procedures report on a financial           684          

statement" means any report based on agreed-upon procedures        685          

issued with respect to another party's written assertion in        686          

accordance with statements on standards for attestation            687          

engagements as promulgated by the American institute of certified  688          

public accountants.                                                689          

      (I)  "QUALIFIED FIRM" MEANS A PARTNERSHIP, PROFESSIONAL      692          

ASSOCIATION, CORPORATION-FOR-PROFIT, LIMITED LIABILITY COMPANY,    693          

OR ANY OTHER BUSINESS ORGANIZATION IN WHICH THE INDIVIDUALS WHO    694          

OWN A MAJORITY OF THE EQUITY INTERESTS IN THE ENTITY AND CONTROL   695          

THE ENTITY HOLD AN OHIO PERMIT OR A FOREIGN PERMIT.                697          

      (J)  "OWN" MEANS ANY DIRECT OR INDIRECT OWNERSHIP OF AN      700          

EQUITY INTEREST IN A PUBLIC ACCOUNTING FIRM OR QUALIFIED FIRM.     701          

      (K)  "CONTROL" OR "CONTROLLED" MEANS THE RIGHT TO EXERCISE   704          

THE MAJORITY OF THE VOTING EQUITY INTERESTS IN A PUBLIC            705          

ACCOUNTING FIRM WITH RESPECT TO ANY MATTER.                        706          

      (L)  "EQUITY INTEREST" MEANS ANY CAPITAL INTEREST OR PROFIT  709          

INTEREST IN A PARTNERSHIP, PROFESSIONAL ASSOCIATION,               710          

CORPORATION-FOR-PROFIT, LIMITED LIABILITY COMPANY, OR ANY OTHER    711          

BUSINESS ORGANIZATION.                                                          

      (M)  "OHIO PERMIT" MEANS A PERMIT TO PRACTICE PUBLIC         714          

ACCOUNTING ISSUED UNDER DIVISION (A) OF SECTION 4701.10 OF THE     716          

REVISED CODE THAT IS NOT REVOKED OR SUSPENDED.                     717          

      (N)  "FOREIGN PERMIT" MEANS A PERMIT TO PRACTICE PUBLIC      720          

ACCOUNTING ISSUED UNDER THE LAWS OF A STATE OTHER THAN OHIO OR     722          

UNDER THE LAWS OF A FOREIGN JURISDICTION.                                       

      (O)  "OHIO REGISTRATION" MEANS THE REGISTRATION OF A HOLDER  725          

OF A CPA CERTIFICATE OR PA CERTIFICATE WHO IS NOT IN THE PRACTICE  728          

OF PUBLIC ACCOUNTING UNDER DIVISION (B) OF SECTION 4701.10 OF THE  729          

REVISED CODE.                                                      730          

      (P)  "FIRM REGISTRATION" OR "REGISTERED FIRM" MEANS          733          

REGISTRATION AS A PUBLIC ACCOUNTING FIRM UNDER SECTION 4701.04 OF  734          

THE REVISED CODE.                                                               

      (Q)  "PA REGISTRATION" MEANS REGISTRATION AS A PUBLIC        737          

                                                          17     

                                                                 
ACCOUNTANT UNDER SECTION 4701.07 OF THE REVISED CODE THAT IS NOT   738          

REVOKED OR SUSPENDED.                                              739          

      (R)  "CPA CERTIFICATE" MEANS A CERTIFICATE ISSUED UNDER      742          

SECTION 4701.06 OR 4701.061 OF THE REVISED CODE THAT IS NOT        743          

REVOKED OR SUSPENDED.                                              744          

      (S)  "FOREIGN CERTIFICATE" MEANS A CERTIFICATE OF CERTIFIED  747          

PUBLIC ACCOUNTANT ISSUED UNDER THE LAWS OF A STATE OTHER THAN      749          

OHIO OR UNDER THE LAWS OF A FOREIGN JURISDICTION.                  750          

      (T)  "ATTEST REPORT" MEANS AN OPINION REPORT, REVIEW         753          

REPORT, COMPILATION REPORT, EXAMINATION REPORT, AGREED-UPON        754          

PROCEDURES REPORT, OR ANY SIMILAR REPORT WITH RESPECT TO A         755          

FINANCIAL STATEMENT OR OTHER FINANCIAL INFORMATION.                756          

      (U)  "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS     759          

TRUST, ESTATE, PARTNERSHIP, LIMITED LIABILITY COMPANY,             760          

PROFESSIONAL ASSOCIATION, AND ANY OTHER BUSINESS ORGANIZATION.     761          

      (V)  Technical terms that define specific public accounting  763          

engagements have the same meanings as in the professional          764          

standards promulgated by the American institute of certified       765          

public accountants.                                                766          

      Sec. 4701.04.  (A)  No public accounting firm shall ENGAGE   776          

IN THE practice under the firm's name OF PUBLIC ACCOUNTING in      777          

this state unless it registers with the accountancy board and      778          

pays a registration fee set by the board.                          779          

      (B)  New public PUBLIC accounting firms shall apply for      781          

initial registration within ninety days of AFTER formation OR      782          

WITHIN NINETY DAYS OF THE COMMENCEMENT OF PRACTICING PUBLIC        783          

ACCOUNTING IN THIS STATE.  All public accounting firms shall       785          

renew their registration triennially.  All public accounting       786          

firms shall submit with their initial and renewal registration     787          

applications a ALL OF THE FOLLOWING:                                            

      (1)  A list of the names, addresses, and certificate         790          

numbers of all license holders INDIVIDUALS WHO HOLD AN OHIO        791          

PERMIT AND WHO OWN AN EQUITY INTEREST IN THE PUBLIC ACCOUNTING     792          

FIRM OR WHO ARE employed by them THE PUBLIC ACCOUNTING FIRM;       793          

                                                          18     

                                                                 
      (2)  A LIST OF THE NAMES AND ADDRESSES OF EACH PERSON WHO    795          

DOES NOT HOLD AN OHIO PERMIT OR A FOREIGN PERMIT WHO OWNS AN       796          

EQUITY INTEREST IN THE PUBLIC ACCOUNTING FIRM IF THE PERSON'S      799          

PRINCIPAL PLACE OF BUSINESS IS LOCATED IN THIS STATE;              800          

      (3)  A STATEMENT THAT THE PUBLIC ACCOUNTING FIRM AND EACH    802          

PERSON WHO OWNS AN EQUITY INTEREST IN THE PUBLIC ACCOUNTING FIRM,  803          

OR IS EMPLOYED BY THE PUBLIC ACCOUNTING FIRM, AND DOES NOT HOLD    804          

AN OHIO PERMIT OR A FOREIGN PERMIT IS IN COMPLIANCE WITH           806          

DIVISIONS (C) AND (D) OF THIS SECTION.                             808          

      (C)  A PUBLIC ACCOUNTING FIRM SHALL SATISFY ALL OF THE       811          

FOLLOWING REQUIREMENTS IN ORDER TO REGISTER:                       812          

      (1)  EXCEPT AS PROVIDED IN DIVISION (C)(5) OF THIS SECTION,  815          

EACH PARTNER, SHAREHOLDER, MEMBER, OR OTHER PERSON WHO OWNS AN     816          

EQUITY INTEREST IN THE PUBLIC ACCOUNTING FIRM HOLDS AN OHIO        818          

PERMIT OR A FOREIGN PERMIT;                                                     

      (2)  THE CHIEF EXECUTIVE OF ANY OFFICE OF A PUBLIC           820          

ACCOUNTING FIRM LOCATED IN OR DOING BUSINESS IN THIS STATE HOLDS   821          

AN OHIO PERMIT OR A FOREIGN PERMIT;                                822          

      (3)  EACH INDIVIDUAL IN A PUBLIC ACCOUNTING FIRM WHO SIGNS   825          

ANY ATTEST REPORT ISSUED FROM AN OFFICE LOCATED IN THIS STATE      826          

HOLDS AN OHIO PERMIT;                                              827          

      (4)  AN INDIVIDUAL WHO OWNS AN EQUITY INTEREST IN THE        829          

PUBLIC ACCOUNTING FIRM OR WHO IS EMPLOYED BY THE PUBLIC            830          

ACCOUNTING FIRM AND WHO HOLDS AN OHIO PERMIT OR A FOREIGN PERMIT,  831          

ASSUMES ULTIMATE RESPONSIBILITY FOR ANY ATTEST REPORT ISSUED FROM  832          

AN OFFICE OF A PUBLIC ACCOUNTING FIRM LOCATED IN THIS STATE;       833          

      (5)  ANY PERSON WHO DOES NOT HOLD AN OHIO PERMIT OR A        836          

FOREIGN PERMIT AND WHO HOLDS AN EQUITY INTEREST IN THE PUBLIC      838          

ACCOUNTING FIRM SATISFIES THE CONDITIONS SET FORTH IN DIVISION     839          

(D) OF THIS SECTION;                                                            

      (6)  THE PUBLIC ACCOUNTING FIRM PROVIDES FOR THE TRANSFER    841          

OF THE EQUITY INTEREST OWNED BY PERSONS WHO DO NOT HOLD AN OHIO    843          

PERMIT OR A FOREIGN PERMIT TO EITHER THE PUBLIC ACCOUNTING FIRM    844          

OR TO ANOTHER PERSON WHO OWNS AN EQUITY INTEREST IN THE FIRM IF A  845          

                                                          19     

                                                                 
PERSON NOT HOLDING AN OHIO PERMIT OR A FOREIGN PERMIT WITHDRAWS    848          

FROM OR CEASES TO BE EMPLOYED BY THE PUBLIC ACCOUNTING FIRM.  THE               

PUBLIC ACCOUNTING FIRM MAY MAKE PAYMENTS IN CONNECTION WITH THE    851          

PERSON'S WITHDRAWAL FROM THE FIRM TO THAT PERSON OR, IF THAT       852          

PERSON IS DECEASED OR DISSOLVED, TO THE PERSON'S ESTATE OR         853          

SUCCESSOR IN INTEREST.                                                          

      (D)  A PERSON WHO DOES NOT HOLD AN OHIO PERMIT OR A FOREIGN  856          

PERMIT MAY OWN AN EQUITY INTEREST IN A PUBLIC ACCOUNTING FIRM IF   858          

ALL OF THE FOLLOWING CONDITIONS ARE MET:                           859          

      (1)  ALL OF THE PERSONS WHO HOLD AN OHIO PERMIT OR A         861          

FOREIGN PERMIT AND WHO OWN EQUITY INTERESTS IN THE PUBLIC          862          

ACCOUNTING FIRM, AND QUALIFIED FIRMS THAT OWN EQUITY INTERESTS IN  863          

THE PUBLIC ACCOUNTING FIRM, OWN, IN THE AGGREGATE, A MAJORITY OF   864          

THE EQUITY INTERESTS IN THE PUBLIC ACCOUNTING FIRM AND CONTROL     865          

THE PUBLIC ACCOUNTING FIRM;                                                     

      (2)  THE PERSON DOES NOT ASSUME OR USE ANY TITLES OR         868          

DESIGNATIONS SPECIFIED IN DIVISION (A) OF SECTION 4701.14 OF THE   869          

REVISED CODE.  THE PERSON MAY DESIGNATE OR REFER TO THE PERSON AS  870          

A SHAREHOLDER, PARTNER, MEMBER, PRINCIPAL, OWNER, OR OFFICER OF    871          

THE PUBLIC ACCOUNTING FIRM, AND ALSO MAY USE ANY OTHER TITLE THAT  873          

THE BOARD BY RULE AUTHORIZES.                                      874          

      (3)  THE PERSON IS NOT IN VIOLATION OF ANY STANDARD          877          

REGARDING THE CHARACTER OR CONDUCT OF THAT PERSON AS ESTABLISHED   878          

BY THE BOARD BY RULE;                                                           

      (4)  THE PERSON'S PARTICIPATION IN THE BUSINESS OF THE       881          

PUBLIC ACCOUNTING FIRM IS THE PERSON'S PRINCIPAL OCCUPATION AND                 

CONSISTS OF PROVIDING SERVICES TO OR ON BEHALF OF THE PUBLIC       882          

ACCOUNTING FIRM, AND THE PERSON IS NOT FUNCTIONING SOLELY OR       884          

PREDOMINATELY AS A PASSIVE INVESTOR IN THE PUBLIC ACCOUNTING       885          

FIRM;                                                                           

      (5)  THE INDIVIDUAL HAS GRADUATED WITH A BACCALAUREATE OR    889          

HIGHER DEGREE CONFERRED BY A COLLEGE OR UNIVERSITY APPROVED BY     890          

THE BOARD;                                                                      

      (6)  THE INDIVIDUAL MEETS OR EXCEEDS THE CONTINUING          893          

                                                          20     

                                                                 
EDUCATION REQUIREMENTS ADOPTED PURSUANT TO SECTION 4701.11 OF THE  894          

REVISED CODE;                                                      895          

      (7)  A PERSON WHO HOLDS A PROFESSIONAL LICENSE,              897          

REGISTRATION, OR CERTIFICATION ISSUED BY THIS STATE, ANOTHER       898          

STATE, OR A FOREIGN JURISDICTION COMPLIES WITH THE REQUIREMENTS    899          

OF THAT LICENSE, REGISTRATION, OR CERTIFICATION;                   900          

      (8)  THE INDIVIDUAL ABIDES BY THE CODE OF CONDUCT OF THE     903          

AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS OR A            904          

COMPARABLE CODE OF PROFESSIONAL CONDUCT THAT THE BOARD BY RULE     905          

ADOPTS;                                                                         

      (9)  THE PERSON COMPLIES WITH ALL APPLICABLE PROVISIONS OF   908          

THIS CHAPTER AND RULES ADOPTED BY THE BOARD.                       909          

      (C)(E)  A PERSON WHO OWNS A VOTING EQUITY INTEREST IN A      912          

PUBLIC ACCOUNTING FIRM MAY NOT DELEGATE, BY PROXY OR OTHERWISE,    913          

THE DUTY TO EXERCISE ANY VOTING RIGHTS TO A PERSON THAT DOES NOT   914          

HOLD AN OHIO PERMIT OR A FOREIGN PERMIT OR TO A PERSON THAT IS     915          

NOT A QUALIFIED FIRM.                                              916          

      (F)  As a condition for initial or renewal registration on   918          

and after January 1, 1993, the board, by rule, shall require that  919          

all public accounting firms undergo a quality review to determine  920          

the degree of compliance IN THE PRACTICE OF PUBLIC ACCOUNTING by   921          

the PUBLIC ACCOUNTING firm with generally accepted accounting      924          

principles and, GENERALLY ACCEPTED auditing standards, and other   925          

generally accepted technical standards, unless the applicant       926          

PUBLIC ACCOUNTING firm meets one of the exceptions in division     928          

(G)(J) of this section.                                                         

      (D)(G)  The board shall adopt rules establishing guidelines  930          

for quality reviews.  The rules shall do all of the following:     931          

      (1)  Designate a quality review committee consisting of      933          

accounting professionals to serve as advisors to the board and to  934          

ensure that the board's guidelines are followed.  The board shall  936          

MAY establish fair and reasonable compensation for the committee   937          

members to be paid for time they spend conducting committee        938          

business.                                                                       

                                                          21     

                                                                 
      (2)  Require that the quality review be conducted by a       940          

reviewer that is both independent of the PUBLIC ACCOUNTING firm    941          

reviewed and qualified pursuant to board rules;                    943          

      (3)  Require that the standards and practices applied by     945          

the reviewer be at least as stringent as those applied by the      946          

American institute of certified public accountants;                947          

      (4)  Prohibit the use or disclosure of information obtained  949          

by members of the board of reviewers during or in connection with  950          

the quality review process for purposes other than those related   951          

to determining the degree of compliance by the PUBLIC ACCOUNTING   952          

firm with generally accepted accounting principles and, GENERALLY  954          

ACCEPTED auditing standards, and other generally accepted          956          

technical standards.  Division (D)(G)(4) of this section does not  957          

apply to the use or disclosure of information that is described    959          

in division (H)(K)(3) of this section or that is necessary to      961          

comply with any provision of law.                                               

      (E)(H)(1)  If a quality review report indicates that a       963          

PUBLIC ACCOUNTING firm does not comply with standards and          965          

practices set forth in board guidelines, the board may, at its     966          

discretion, or shall, upon submission of a written application by  967          

the firm, MAY hold a hearing to determine whether the firm         968          

complies with the standards and practices.  If the board, after    969          

conducting the hearing, determines that the firm complies with     970          

the standards and practices, it shall issue an order requiring     971          

the reviewer and the quality review committee to take any          972          

necessary action to record and implement the board's               973          

determination and to restore the status of compliance upon the     974          

firm.  However, if REVIEW THE RESULTS OF THE QUALITY REVIEW        975          

REPORT.  IF the board, after conducting the hearing, determines    976          

that the PUBLIC ACCOUNTING firm does not comply with the           978          

standards and practices, it may issue an order that requires both  979          

of the following:                                                               

      (a)  Remedial OR DISCIPLINARY action, which may include:     981          

      (i)  Requiring employees of the PUBLIC ACCOUNTING firm to    983          

                                                          22     

                                                                 
complete general or specific continuing professional education     985          

courses;                                                                        

      (ii)  Requiring the PUBLIC ACCOUNTING firm to undergo        987          

quality review more frequently than triennially and conducted in   989          

whole or part under the direct supervision of the board or its     990          

designee;                                                                       

      (iii)  Any other remedial action specified by the board;     992          

      (iv)  IMPOSING ANY DISCIPLINARY MEASURES SET FORTH IN        994          

DIVISION (B) OF SECTION 4701.16 OF THE REVISED CODE.               995          

      (b)  An affidavit from the PUBLIC ACCOUNTING firm submitted  997          

within the time specified by the board indicating completion of    999          

required remedial actions.                                         1,000        

      (2)  Notwithstanding divisions (H)(K)(1) and (2) of this     1,002        

section, all matters relating to the procedures for determining    1,003        

compliance with the standards and practices under division         1,005        

(E)(H)(1) of this section are subject to Chapter 119. of the       1,006        

Revised Code, including the notice and conduct of any hearing,     1,007        

and the issuance and appeal of any order.                          1,008        

      (F)(I)  The PUBLIC ACCOUNTING firm reviewed shall pay for    1,011        

any quality review performed.                                      1,012        

      (G)(J)  The board may exempt a PUBLIC ACCOUNTING firm from   1,015        

the requirement to undergo a quality review if the PUBLIC          1,016        

ACCOUNTING firm submits to the board a written and notarized       1,018        

statement that the PUBLIC ACCOUNTING firm meets at least one of    1,020        

the following grounds for exemption identified in the statement:   1,021        

      (1)  Within three years of the date of application for       1,023        

initial or renewal registration, the PUBLIC ACCOUNTING firm has    1,024        

been subject to a quality review acceptable to the board and       1,026        

conducted pursuant to standards not less stringent than review     1,027        

standards applied by the American institute of certified public    1,028        

accountants.  The PUBLIC ACCOUNTING firm shall submit to the       1,030        

board a copy of the results of the quality review and any          1,031        

additional documentation required by the board. The board,         1,032        

however, shall not require submittal of the working papers         1,033        

                                                          23     

                                                                 
related to the quality review process.                                          

      (2)  Within three years of the date of application for       1,035        

initial or renewal registration, the PUBLIC ACCOUNTING firm has    1,036        

undergone a quality review conducted in another state or foreign   1,038        

country.  The PUBLIC ACCOUNTING firm shall submit to the board a   1,040        

copy of the results of the quality review and any additional       1,041        

documentation required by the board, including a detailed report   1,042        

of the procedures and standards applied by the reviewer.           1,043        

      (3)  The PUBLIC ACCOUNTING firm has never practiced public   1,045        

accounting in this state or any other state or foreign country     1,047        

and will undergo a quality review within eighteen months of        1,048        

registration.                                                                   

      (4)  The PUBLIC ACCOUNTING firm, on a schedule as required   1,050        

by rule adopted by the board, submits a report to the board that   1,051        

states all of the following:                                       1,052        

      (a)  The PUBLIC ACCOUNTING firm does not engage in any       1,054        

financial reporting areas of practice including audits,            1,056        

compilations, or reviews UNDERTAKE ANY ENGAGEMENT THAT WILL        1,057        

RESULT IN THE ISSUANCE OF AN ATTEST REPORT.                                     

      (b)  Within the next three years, the PUBLIC ACCOUNTING      1,059        

firm does not intend to engage in any financial reporting areas    1,061        

of practice including audits, compilations, reviews, or            1,062        

prospective financial statements UNDERTAKE ANY ENGAGEMENT THAT     1,063        

WILL RESULT IN THE ISSUANCE OF ANY ATTEST REPORT.                  1,064        

      (c)  The PUBLIC ACCOUNTING firm agrees to notify the board   1,066        

within ninety days of engaging in any financial reporting areas    1,068        

of practice including audits, compilations, or reviews AFTER       1,069        

ACCEPTING ANY ENGAGEMENT THAT WILL RESULT IN THE ISSUANCE OF ANY   1,070        

ATTEST REPORT and will undergo a quality review within one year    1,072        

of commencing such practices THE ACCEPTANCE OF SUCH AN             1,073        

ENGAGEMENT.                                                                     

      (5)  Subject to the board's approval, for reasons of         1,075        

personal health, military service, or other good cause, the        1,076        

PUBLIC ACCOUNTING firm is entitled to an exemption.                1,078        

                                                          24     

                                                                 
      (H)(K)  In any civil action, arbitration, or administrative  1,080        

proceeding involving a PUBLIC ACCOUNTING firm, all of the          1,081        

following shall apply:                                             1,082        

      (1)  The proceedings, records, and work papers of any        1,084        

reviewer, including board members and review committee members,    1,085        

involved in the quality review process are privileged and not      1,086        

subject to discovery, subpoena, or other means of legal process    1,087        

and may not be introduced into evidence.                           1,088        

      (2)  No reviewer, including board members and review         1,090        

committee members, involved in the quality review process shall    1,091        

be permitted or required to testify as to any matters produced,    1,092        

presented, disclosed, or discussed during or in connection with    1,093        

the quality review process; or be required to testify to any       1,094        

finding, recommendation, evaluation, opinion, or other actions of  1,095        

such committees, or their members.                                 1,096        

      (3)  No privilege exists under this section for either of    1,098        

the following:                                                     1,099        

      (a)  Information presented or considered in the quality      1,101        

review process which was otherwise available to the public;        1,102        

      (b)  Materials prepared in connection with a particular      1,104        

engagement merely because they subsequently are presented or       1,105        

considered as part of the quality review process.                  1,106        

      (I)(L)  If a quality review report indicates that a PUBLIC   1,108        

ACCOUNTING firm complies with standards and practices set forth    1,110        

in board guidelines, the board shall destroy all documents and     1,111        

reports related to the quality review within thirty days after     1,112        

the board completes its review of the report.  If a quality        1,113        

review report indicates that a PUBLIC ACCOUNTING firm does not     1,114        

comply with such standards and practices, the board shall retain   1,116        

all documents and reports related to the quality review until      1,117        

completion of the next quality review.                             1,118        

      Sec. 4701.06.  The certificate of "certified public          1,127        

accountant" shall be granted by the accountancy board to any       1,128        

person:                                                            1,129        

                                                          25     

                                                                 
      (A)  Who is a resident of this state or has a place of       1,131        

business therein IN THIS STATE or, as an employee, is regularly    1,132        

employed therein IN THIS STATE.  The board may by rule determine   1,134        

circumstances under which the residency requirement may be         1,136        

waived.                                                                         

      (B)  Who has attained the age of eighteen years;             1,138        

      (C)  Who is of good moral character;                         1,140        

      (D)  Who meets the requirements of education and experience  1,142        

as provided in this division:                                      1,143        

      (1)(a)  Prior to January 1, 2000, graduation with a          1,145        

baccalaureate degree conferred by a college or university          1,146        

recognized by the board, with a concentration in accounting that   1,147        

includes related courses in other areas of business                1,148        

administration, or what the board determines to be substantially   1,149        

the equivalent of the foregoing;                                   1,150        

      (b)  On and after January 1, 2000, graduation with a         1,152        

baccalaureate or higher degree that includes successful            1,153        

completion of one hundred fifty semester hours of undergraduate    1,154        

or graduate education.  The board shall by rule SHALL specify      1,155        

graduate degrees that satisfy this requirement and shall also by   1,157        

rule require such subjects as it considers appropriate.  The       1,158        

total educational program shall include an accounting              1,159        

concentration with related courses in other areas of business      1,160        

administration, as defined by board rule.                          1,161        

      (2)(a)  The experience requirement for candidates meeting    1,163        

the educational requirements set forth in division (D)(1)(a) or    1,164        

(b) of this section is two years of public accounting experience,  1,165        

satisfactory to the board, in any state in practice, as a          1,166        

certified public accountant or as a public accountant, or, in any  1,167        

state in employment, as a staff accountant by anyone practicing    1,168        

public accounting, or such experience in private or governmental   1,169        

accounting as is, in the opinion of the board, the equivalent of   1,170        

such THAT public accounting practice, or any combination of such   1,171        

types of experience.                                               1,173        

                                                          26     

                                                                 
      (b)  The experience requirement is only one year of the      1,175        

experience described in division (D)(2)(a) of this section for     1,176        

any candidate holding a master's degree in accounting or business  1,177        

administration from a college or university recognized by the      1,178        

board, if he THE PERSON has satisfactorily completed such THE      1,180        

number of semester hours in graduate accounting and such related   1,181        

subjects as the board determines to be appropriate.                1,182        

      (c)  Except as provided in division (D)(2)(d) of this        1,184        

section, the experience requirement for any candidate who, on and  1,185        

after January 1, 2000, does not meet the educational requirement   1,186        

set forth in division (D)(1)(b) of this section is four years of   1,187        

experience described in division (D)(2)(a) of this section.  The   1,188        

experience requirement for any candidate who, prior to January 1,  1,189        

2000, does not meet the educational requirement set forth in       1,190        

division (D)(1)(a) of this section is two years of experience      1,191        

described in division (D)(2)(a) of this section.                   1,192        

      (d)  On and after January 1, 2000, the experience            1,194        

requirement for any candidate who, subsequent to obtaining a       1,195        

baccalaureate or higher degree, other than a baccalaureate or      1,196        

higher degree described in division (D)(1)(b) of this section,     1,197        

successfully completes coursework that meets the educational       1,198        

requirement set forth in division (D)(1)(b) of this section, is    1,199        

two years of experience described in division (D)(2)(a) of this    1,200        

section.                                                           1,201        

      (E)  Who has passed a written examination in accounting and  1,203        

auditing and in such related subjects as the board determines to   1,204        

be appropriate.  The board shall adopt rules, consistent with      1,205        

this section, for these examinations and for application to take   1,206        

these examinations.                                                1,207        

      None of the educational requirements specified in division   1,209        

(D) of this section apply to a candidate who is registered as a    1,210        

public accountant under section 4701.07 of the Revised Code, but   1,211        

the experience requirement for such THE candidate who does not     1,212        

meet such THOSE educational requirements is four years of the      1,214        

                                                          27     

                                                                 
experience described in division (D)(2)(a) of this section.        1,216        

      Prior to January 1, 2000, the board shall waive the          1,218        

educational requirement set forth in division (D)(1)(a) of this    1,219        

section for any candidate if it finds that the candidate has       1,220        

attained the equivalent education by attendance at a business      1,221        

school, by self-study, or otherwise, and if it is satisfied from   1,222        

the results of special written examinations given the candidate    1,223        

by the board to test his THE CANDIDATE'S educational               1,224        

qualifications that he THE CANDIDATE is as well equipped,          1,225        

educationally, as if he THE CANDIDATE met the applicable           1,226        

educational requirement specified in division (D)(1)(a) of this    1,227        

section.                                                                        

      On and after January 1, 2000, the board shall waive the      1,229        

educational requirement set forth in division (D)(1)(b) of this    1,230        

section for any candidate if the board finds that the candidate    1,231        

has obtained from an accredited college or university approved by  1,232        

the board, either an associate degree or a baccalaureate degree,   1,233        

other than a baccalaureate degree described in division (D)(1)(b)  1,234        

of this section, with a concentration in accounting that includes  1,235        

related courses in other areas of business administration, and if  1,236        

the board is satisfied from the results of special written         1,237        

examinations given the candidate by the board to test his THE      1,238        

CANDIDATE'S educational qualification that the candidate is as     1,239        

well equipped, educationally, as if he THE CANDIDATE met the       1,241        

applicable educational requirement specified in division           1,242        

(D)(1)(b) of this section.                                                      

      The board shall provide by rule for the general scope of     1,244        

any special written examinations for a waiver of the educational   1,245        

requirements under division (D)(1)(a) or (b) of this section, and  1,246        

may obtain such advice and assistance as it considers appropriate  1,247        

to assist it in preparing and grading such THOSE special written   1,248        

examinations.  The board may use any existing examinations or may  1,249        

prepare any number of new examinations to assist in determining    1,250        

the equivalent training of a candidate.  The board shall by rule   1,251        

                                                          28     

                                                                 
SHALL prescribe any special written examinations for a waiver of   1,252        

the educational requirements under division (D)(1)(a) or (b) of    1,253        

this section and the passing score required for each examination.  1,254        

      The examinations described in division (E) of this section   1,256        

and the special written examinations for a waiver of the           1,257        

educational requirements under division (D)(1)(a) or (b) of this   1,258        

section shall be held by the board and shall take place as often   1,259        

as the board determines to be desirable, but the examinations      1,260        

described in division (E) of this section shall be held not less   1,261        

frequently than once each year.  The board may make such THE use   1,262        

of all or any part of the uniform certified public accountants'    1,264        

examination and advisory grading service, or either, as it         1,265        

considers appropriate to assist it in performing its duties        1,266        

hereunder UNDER THIS SECTION.  The board may also contract with    1,267        

qualified organizations for assistance in the administration of    1,269        

any examinations.  The board by rule may provide for granting      1,270        

credit to a candidate for his satisfactory completion of a         1,271        

written examination in one or more of the subjects specified in    1,272        

division (E) of this section given by the licensing authority in   1,273        

any other state.                                                   1,274        

      A candidate who has met the educational requirements, or     1,276        

with respect to whom they either do not apply or have been         1,277        

waived, is eligible to take the examination specified in division  1,278        

(E) of this section without waiting until he THE CANDIDATE meets   1,279        

the experience requirements, provided he THE CANDIDATE also meets  1,281        

the requirements of divisions (A) and (C) of this section.         1,282        

      A candidate for the certificate of certified public          1,284        

accountant who has successfully completed the examination under    1,285        

division (E) of this section has no status as a certified public   1,286        

accountant, unless and until he THE CANDIDATE has the requisite    1,287        

experience and has received his A certificate as a certified       1,288        

public accountant.  The board shall determine and charge a fee     1,289        

for issuing the certificate that is adequate to cover the          1,290        

expense.                                                                        

                                                          29     

                                                                 
      The board may by rule MAY prescribe the terms and            1,292        

conditions under which a candidate who passes the examination in   1,293        

one or more of the subjects indicated in division (E) of this      1,294        

section may be reexamined in only the remaining subjects, with     1,295        

credit for the subjects previously passed.  It may also MAY        1,296        

provide by rule for a reasonable waiting period for a candidate's  1,298        

reexamination in a subject he THE CANDIDATE has failed.  Subject   1,299        

to the foregoing and such ANY other rules as THAT the board may    1,300        

adopt governing reexaminations, a candidate is entitled to any     1,302        

number of reexaminations under division (E) of this section.  No   1,303        

candidate shall be required to be reexamined in all subjects       1,304        

unless a period of four years has elapsed since the candidate      1,305        

initially earned credit on the examination.                        1,306        

      The applicable educational and experience requirements       1,308        

under division (D) of this section shall be those in effect on     1,309        

the date on which the candidate first sits for the examination.    1,310        

      The board shall charge such candidate a reasonable fee, to   1,312        

be determined by the board, that is adequate to cover all          1,313        

rentals, compensation for proctors, and other administrative       1,314        

expenses of the board related to examination or reexamination,     1,315        

including the expenses of procuring and grading the examination    1,316        

provided for in division (E) of this section and for any special   1,317        

written examinations for a waiver of the educational requirements  1,318        

under division (D)(1)(a) or (b) of this section.  Fees for         1,319        

reexamination under division (E) of this section shall be charged  1,320        

by the board in amounts determined by it.  The applicable fees     1,321        

shall be paid by the candidate at the time he THE CANDIDATE        1,322        

applies for examination or reexamination.                          1,323        

      Any person who has received from the board a certificate as  1,325        

a certified public accountant and who holds a AN OHIO permit       1,327        

issued under section 4701.10 of the Revised Code, which is in      1,328        

full force and effect, shall be styled and known as a "certified   1,329        

public accountant" and may also MAY use the abbreviation "CPA."    1,331        

The board shall maintain a list of certified public accountants.   1,332        

                                                          30     

                                                                 
Any certified public accountant may also MAY be known as a         1,333        

"public accountant."                                               1,334        

      Persons who, on the effective date of an amendment of this   1,336        

section, held certified public accountant certificates             1,337        

theretofore issued under the laws of this state shall not be       1,338        

required to obtain additional certificates under this section,     1,339        

but shall otherwise be subject to all provisions of this section;  1,340        

and such THOSE certificates theretofore issued shall, for all      1,342        

purposes, SHALL be considered certificates issued under this       1,343        

section and subject to the ITS provisions hereof.                  1,344        

      The board may waive the examination under division (E) of    1,346        

this section, and upon payment of a fee determined by it may       1,347        

issue a certificate as a "certified public accountant" to any      1,348        

person possessing the qualifications specified in divisions (A),   1,349        

(B), and (C) of this section and what the board determines to be   1,350        

substantially the equivalent of the applicable qualifications      1,351        

under division (D) of this section, who is the holder of a         1,352        

certificate as a certified public accountant, then in full force   1,353        

and effect, issued under the laws of any state, or is the holder   1,354        

of a certificate, license, or degree in a foreign country          1,355        

constituting a recognized qualification for the practice of        1,356        

public accounting in such country, comparable to that of a         1,357        

certified public accountant of this state, which is then in full   1,358        

force and effect.                                                  1,359        

      Sec. 4701.061.  Notwithstanding anything to the contrary in  1,368        

section 4701.06 of the Revised Code, the certificate of            1,369        

"certified public accountant" shall be granted by the accountancy  1,370        

board to any public accountant who meets all the following         1,371        

requirements:                                                      1,372        

      (A)  The public accountant applies to the board for the      1,374        

certificate under this section;                                    1,375        

      (B)  At the time of application and the time that the        1,377        

certificate is granted, the public accountant holds a live AN      1,379        

OHIO permit issued under division (A) of section 4701.10 of the    1,380        

                                                          31     

                                                                 
Revised Code;                                                                   

      (C)  At the time of application, any public accounting firm  1,382        

that employs the public accountant or in which the public          1,383        

accountant has an interest is registered, and meets the            1,384        

applicable quality review requirements of the board, under         1,385        

section 4701.04 of the Revised Code;                               1,386        

      (D)  For not less than one hundred twenty months, the        1,388        

public accountant has held a AN OHIO permit issued under division  1,390        

(A) of section 4701.10 of the Revised Code and has completed and   1,391        

reported to the board all applicable continuing education hours    1,392        

required by section 4701.11 of the Revised Code and the rules      1,393        

adopted pursuant thereto.                                          1,394        

      Sec. 4701.07.  The accountancy board shall register as a     1,403        

public accountant any person who meets all the following           1,404        

requirements:                                                      1,405        

      (A)  Is a resident of this state, or has a place of          1,407        

business therein;                                                  1,408        

      (B)  Has attained the age of eighteen years;                 1,410        

      (C)  Is of good moral character;                             1,412        

      (D)  Holds a baccalaureate or higher degree conferred by a   1,414        

college or university recognized by the board, with a              1,415        

concentration in accounting, or with what the board determines to  1,416        

be substantially THE equivalent of the foregoing; or with a        1,417        

nonaccounting concentration supplemented by what the board         1,418        

determines to be substantially the equivalent of an accounting     1,419        

concentration, including related courses in other areas of         1,420        

business administration.                                           1,421        

      The board may waive the educational requirement for any      1,423        

candidate if it finds that the candidate has attained the          1,424        

equivalent education by attendance at a business school or         1,425        

two-year college, by self-study, or otherwise, and if it is        1,426        

satisfied from the result of a special written examination given   1,427        

the candidate by the board to test his THE CANDIDATE'S             1,428        

educational qualifications that he THE CANDIDATE is as well        1,429        

                                                          32     

                                                                 
equipped, educationally, as if he THE CANDIDATE met the            1,430        

applicable educational requirement specified in this division.     1,431        

The board may provide by rule for the general scope of such THESE  1,432        

examinations and may obtain such advice and assistance as it       1,433        

considers appropriate to assist it in preparing and grading such   1,434        

THE special examinations.  The board may use any existing          1,436        

examinations or may prepare any number of new examinations to      1,437        

assist it in determining the equivalent training of a candidate.   1,438        

The board may by rule MAY prescribe such examinations and the      1,439        

passing score required for each examination.                       1,441        

      (E)  Has completed two years of public accounting            1,443        

experience, satisfactory to the board, in any state in practice    1,444        

as a public accountant, or in any state in employment, as a staff  1,445        

accountant by anyone practicing public accounting, or such         1,446        

experience in private or governmental accounting as will, in the   1,447        

opinion of the board, WILL be the equivalent of such public        1,448        

accounting practice, or any combination of such types of           1,449        

experience, except that the experience requirement is only one     1,450        

year of the experience described in this division for any          1,451        

candidate holding a master's degree in accounting or business      1,452        

administration from a college or university recognized by the      1,453        

board, if he THE CANDIDATE has satisfactorily completed such THE   1,454        

number of credit hours in accounting, business administration,     1,456        

economics, and such related subjects as the board determines to    1,457        

be appropriate; and                                                             

      (1)  Has passed the uniform national society of public       1,459        

accountants examination or a comparable examination approved by    1,460        

the public accountant members of the accountancy board; or         1,461        

      (2)  Has passed the accounting practice and auditing         1,463        

sections of the uniform CPA examination.                           1,464        

      The examination described in division (E)(1) of this         1,466        

section shall be held by the board and shall take place as often   1,467        

as the board determines, but shall not be held less frequently     1,468        

than once each year.  The board shall charge a candidate an        1,469        

                                                          33     

                                                                 
application fee, to be determined by the board, that is adequate   1,470        

to cover all rentals, compensation for proctors, and other         1,471        

expenses of the board related to examination or reexamination      1,472        

except the expenses of procuring and grading the examination.  In  1,473        

addition, the board shall charge such candidate an examination     1,474        

fee to be determined by the board, that is adequate to cover the   1,475        

expense of procuring and grading the examination.  Fees for        1,476        

reexamination under division (E) of this section shall also SHALL  1,478        

be charged by the board in amounts determined by it to be          1,479        

adequate to cover the expenses of procuring and grading the        1,480        

examinations.  The applicable fees shall be paid by the candidate  1,481        

at the time he THE CANDIDATE applies for examination or            1,482        

reexamination.                                                                  

      (F)  Applied, on or before the effective date of this        1,484        

amendment APRIL 16, 1993, for registration as a public             1,486        

accountant.                                                                     

      The board shall determine and charge a fee for registration  1,488        

under this section that is adequate to cover the expense.          1,489        

      The board shall in each case SHALL determine whether the     1,491        

applicant is eligible for registration.  Any individual who is so  1,492        

registered and who holds a AN OHIO permit issued under section     1,494        

4701.10 of the Revised Code shall be styled and known as a         1,495        

"public accountant" and may use the abbreviation "PA."             1,496        

      A person who, on the effective date of an amendment of this  1,498        

section, holds a valid registration as a public accountant issued  1,499        

under the laws of this state shall not be required to obtain       1,500        

additional registration under this section, but shall otherwise    1,501        

be subject to all provisions of this section; and such THAT        1,503        

registration shall, for all purposes, SHALL be considered a        1,504        

registration issued under this section and subject to the ITS      1,506        

provisions hereof.                                                              

      Sec. 4701.10.  (A)  Permits to practice public accounting    1,516        

shall be issued by the THE accountancy board SHALL ISSUE OHIO      1,517        

PERMITS TO PRACTICE PUBLIC ACCOUNTING to holders of the            1,519        

                                                          34     

                                                                 
certificate of certified public accountant issued under section    1,520        

4701.06 or 4701.061 of the Revised Code and to persons registered  1,521        

under sections 4701.07 and 4701.09 of the Revised Code.  Subject   1,522        

to division (D)(1) of this section, there shall be a triennial     1,523        

OHIO permit fee in an amount to be determined by the board not to  1,525        

exceed one hundred fifty dollars.  All OHIO permits shall expire   1,527        

on the last day of December of the year assigned by the board      1,528        

and, subject to division (D)(1) of this section, shall be renewed  1,529        

triennially for a period of three years by certificate holders     1,530        

and registrants in good standing upon payment of a triennial       1,531        

renewal fee not to exceed one hundred fifty dollars.  For the                   

purpose of implementing this section and enforcing section         1,533        

4701.11 of the Revised Code, the board may issue a AN OHIO permit  1,534        

for less than three years' duration.  A prorated fee shall be      1,535        

determined by the board for such THAT OHIO permit.  Renewal of     1,537        

OHIO permits shall be according to the standard renewal procedure  1,538        

of sections 4745.01 to 4745.03 of the Revised Code.  Failure of    1,539        

any certificate holder or registrant to apply for a triennial      1,540        

OHIO permit to practice within three years from the expiration     1,542        

date of the OHIO permit to practice last obtained or renewed, or   1,543        

three years from the date upon which the certificate holder or     1,545        

registrant was granted his A certificate or registration, shall    1,546        

result in suspension of such certificate or registration unless    1,547        

the board determines such failure to have been due to excusable    1,548        

neglect.  In such THAT case, the renewal fee or the fee for the    1,550        

issuance of the original OHIO permit, as the case may be, shall    1,551        

be such amount as the board shall determine, but not in excess of  1,553        

fifty dollars plus the fee for each triennial period or part of a  1,554        

period the certificate holder or registrant did not have a AN      1,555        

OHIO permit.                                                       1,556        

      (B)  All certificate holders and registrants who are not in  1,558        

the practice of public accounting in this state shall register     1,559        

with the board every three years at a fee, not to exceed           1,560        

fifty-five dollars, established by the board.  Such persons shall  1,561        

                                                          35     

                                                                 
not convey to the general public that they are actively engaged    1,562        

in the practice of public accounting in this state.                1,563        

      (C)  The board shall suspend the certificate or              1,565        

registration of any person failing to obtain a AN OHIO permit in   1,567        

accordance with this section except that the board may by rule     1,568        

MAY exempt persons from the requirement of holding a AN OHIO       1,571        

permit for such reasons as retirement, health reasons, military    1,572        

service, foreign residency, or other just cause.                   1,573        

      (D)(1)  On and after January 1, 1995, the board shall, by    1,575        

rule adopted in accordance with Chapter 119. of the Revised Code,  1,576        

SHALL increase the triennial OHIO permit and renewal fee imposed   1,578        

pursuant to this section by at least fifteen dollars but no more   1,579        

than thirty dollars.                                               1,580        

      (2)  Beginning with the first quarter of 1995 and each       1,582        

quarter thereafter, the board, for the purpose provided in         1,583        

section 4743.05 of the Revised Code, shall certify to the          1,584        

director of budget and management the number of triennial OHIO     1,585        

permits renewed under this chapter during the preceding quarter    1,587        

and the amount equal to that number times the amount by which the  1,588        

triennial OHIO permit and renewal fee is increased by the board    1,590        

under division (D)(1) of this section.                             1,591        

      Sec. 4701.11.  The accountancy board may adopt rules         1,600        

requiring that each applicant for the OHIO permit required by      1,601        

section 4701.10 of the Revised Code shall have demonstrated to     1,603        

the satisfaction of the board that the applicant has maintained a  1,604        

high level of professional competence by the completion of         1,605        

programs of continuing education satisfactory to the board during  1,606        

the period immediately prior to the application for the permit or  1,607        

renewal.  The board shall not require more than one hundred        1,608        

twenty hours of such programs over any three-year period for       1,609        

applicants possessing a live AN OHIO permit.  For purposes of      1,611        

this section, the board shall not approve any continuing           1,612        

education courses for which fees are charged and which are         1,613        

sponsored by an accounting association in this state unless such   1,614        

                                                          36     

                                                                 
courses are open to all persons registered or certified under      1,615        

this chapter and unless the fees charged are reasonable for all    1,616        

persons desiring to take the courses.                              1,617        

      The board may issue a AN OHIO permit required by section     1,620        

4701.10 of the Revised Code for less than three years to any       1,621        

person who is unable to complete continuing education hours        1,622        

required for renewal of a triennial OHIO permit for good cause,    1,623        

as established by rule.  Such THE OHIO permit shall be             1,625        

conditioned upon the completion of all required continuing         1,627        

education hours during the period for which such THE OHIO permit   1,628        

is issued.                                                                      

      Sec. 4701.12.  The display or uttering by a person of a      1,637        

card, sign, advertisement, or other printed, engraved, or written  1,638        

instrument or device, bearing a person's name in conjunction with  1,640        

the words "certified public accountant" or any abbreviation        1,641        

thereof, or "public accountant" or any abbreviation thereof shall  1,642        

be prima-facie evidence in any action brought under section        1,644        

4701.18 or section 4701.99 of the Revised Code, that the person                 

whose name is so displayed caused or procured the display or       1,645        

uttering of such THAT card, sign, advertisement, or other          1,647        

printed, engraved, or written instrument or device, and that such  1,649        

THE person is holding himself SELF out to be a certified public    1,651        

accountant or a public accountant holding a AN OHIO permit to      1,652        

practice under section 4701.10 of the Revised Code.  In any        1,653        

action, evidence of the commission of a single act prohibited by   1,654        

this section shall be sufficient to justify an injunction or a     1,655        

conviction without evidence of a general course of conduct.        1,656        

      Sec. 4701.13.  The accountancy board shall publish annually  1,665        

a printed register, which shall contain in separate lists the      1,667        

names and business addresses of all certified public accountants   1,668        

and public accountants holding live OHIO permits as of the date    1,670        

of preparation of the register.                                                 

      Sec. 4701.14.  (A)  No person EXCEPT AS PERMITTED BY RULES   1,679        

ADOPTED BY THE ACCOUNTANCY BOARD, NO INDIVIDUAL shall assume or    1,680        

                                                          37     

                                                                 
use the title or designation "certified public accountant,"        1,682        

"CERTIFIED ACCOUNTANT," "CHARTERED ACCOUNTANT," "ENROLLED                       

ACCOUNTANT," "LICENSED ACCOUNTANT," "REGISTERED ACCOUNTANT," OR    1,683        

ANY OTHER TITLE OR DESIGNATION LIKELY TO BE CONFUSED WITH          1,684        

"CERTIFIED PUBLIC ACCOUNTANT," or abbreviation ANY OF THE          1,687        

ABBREVIATIONS "CPA," "PA," "CA," "EA," "LA," OR "RA," OR SIMILAR   1,693        

ABBREVIATIONS LIKELY TO BE CONFUSED WITH "CPA," or any other       1,695        

title, designation, words, letters, abbreviation, sign, card, or   1,696        

device tending to indicate that the person INDIVIDUAL is a         1,697        

certified public accountant, unless the person has received        1,699        

INDIVIDUAL HOLDS a CPA certificate as a certified public           1,700        

accountant under section 4701.06 or 4701.061 of the Revised Code   1,701        

and holds a live AN OHIO permit issued under section 4701.10 of    1,703        

the Revised Code; provided that a foreign accountant who.          1,705        

HOWEVER, AN INDIVIDUAL WHO POSSESSES A FOREIGN CPA CERTIFICATE,    1,706        

has registered under section 4701.09 of the Revised Code, and      1,708        

holds a live AN OHIO permit issued under section 4701.10 of the    1,709        

Revised Code may use the title PERMITTED under which he is         1,710        

generally known in his country THE LAWS OF THE INDIVIDUAL'S OTHER  1,712        

LICENSING JURISDICTION, followed by the name of the country from   1,714        

which he received his certificate, license, or degree              1,716        

JURISDICTION.                                                                   

      (B)  No partnership shall assume or use the title or         1,718        

designation "certified public accountant" or abbreviation "CPA"    1,720        

or any other title, designation, words, letters, abbreviation,     1,721        

sign, card, or device tending to indicate that the partnership is  1,723        

composed of certified public accountants unless it meets all of                 

the following requirements:                                        1,724        

      (1)  At least one general partner of the partnership is a    1,726        

certified public accountant of this state in good standing.        1,727        

      (2)  Each partner who is personally engaged within this      1,729        

state in the practice of public accounting as a member of the      1,730        

partnership is a certified public accountant of this state in      1,731        

good standing.                                                                  

                                                          38     

                                                                 
      (3)  Each partner of the partnership is a certified public   1,735        

accountant of some state in good standing.                         1,736        

      (4)  Each resident manager in charge of an office of the     1,738        

firm in this state is a certified public accountant of this state  1,739        

in good standing.                                                  1,740        

      (C)  No person EXCEPT AS PERMITTED BY RULES ADOPTED BY THE   1,742        

BOARD, NO INDIVIDUAL shall assume or use the title or designation  1,743        

"public accountant," or "CERTIFIED PUBLIC ACCOUNTANT," "CERTIFIED  1,745        

ACCOUNTANT," "CHARTERED ACCOUNTANT," "ENROLLED ACCOUNTANT,"        1,746        

"REGISTERED ACCOUNTANT," OR "LICENSED ACCOUNTANT," OR ANY OTHER    1,747        

TITLE OR DESIGNATION LIKELY TO BE CONFUSED WITH "PUBLIC            1,748        

ACCOUNTANT," OR ANY OF THE ABBREVIATIONS "PA," "CPA," "CA," "EA,"  1,753        

"LA," OR "RA," OR SIMILAR ABBREVIATIONS LIKELY TO BE CONFUSED      1,756        

WITH "PA," or any other title, designation, words, letters,        1,759        

abbreviation, sign, card, or device tending to indicate that the   1,760        

person INDIVIDUAL is a public accountant, unless the person is     1,762        

registered as a public accountant under section 4701.07 of the     1,763        

Revised Code and INDIVIDUAL HOLDS A PA REGISTRATION AND holds a    1,764        

live AN OHIO permit issued under section 4701.10 of the Revised    1,766        

Code, or unless the person has received a INDIVIDUAL HOLDS A CPA   1,767        

certificate as a certified public accountant under section         1,768        

4701.06 or 4701.061 of the Revised Code or holds a live permit     1,769        

issued under section 4701.10 of the Revised Code.  AN INDIVIDUAL   1,771        

WHO HOLDS A PA REGISTRATION AND AN OHIO PERMIT MAY HOLD SELF OUT   1,773        

TO THE PUBLIC AS AN "ACCOUNTANT" OR "AUDITOR."                     1,774        

      (D)  No partnership shall assume or use the title or         1,776        

designation "public accountant" or abbreviation "PA" or any other  1,778        

title, designation, words, letters, abbreviation, sign, card, or   1,779        

device tending to indicate that the partnership is composed of     1,780        

public accountants, unless all of the following apply:             1,781        

      (1)  At least one general partner of the partnership is a    1,783        

certified public accountant or a public accountant of this state   1,784        

in good standing.                                                  1,785        

      (2)  Each partner who is personally engaged within this      1,787        

                                                          39     

                                                                 
state in the practice of public accounting as a member of the      1,788        

partnership is a certified public accountant or a public           1,789        

accountant of this state in good standing.                         1,790        

      (3)  Each resident manager in charge of an office of a firm  1,792        

in this state is a certified public accountant or a public         1,793        

accountant of this state in good standing.                         1,794        

      (E)  No person or partnership shall assume or use the title  1,796        

or designation "certified accountant," "chartered accountant,"     1,797        

"enrolled accountant," "licensed accountant," "registered          1,798        

accountant," or any other title or designation likely to be        1,799        

confused with "certified public accountant" or "public             1,800        

accountant," or any of the abbreviations "CA," "EA," "RA," or"LA" or similar abbreviations likely to be confused with "CPA" or  1,806        

"PA"; provided that anyone who holds a live permit issued under    1,809        

section 4701.10 of the Revised Code may hold himself out to the    1,810        

public as an "accountant" or "auditor"; and provided that a        1,812        

foreign accountant who has registered under section 4701.09 of     1,813        

the Revised Code and holds a live permit issued under section      1,814        

4701.10 of the Revised Code may use the title under which he is    1,816        

generally known in his country, followed by the name of the        1,818        

country from which he received his certificate, license, or        1,820        

degree.                                                            1,821        

      (F)  No (C)  EXCEPT AS PROVIDED IN DIVISIONS (C)(1), (2),    1,824        

(3), AND (4) OF THIS SECTION, NO PARTNERSHIP, professional         1,826        

association, corporation-for-profit, limited liability company,    1,829        

or other legal entity BUSINESS ORGANIZATION not addressed in       1,830        

another division of this section THAT IS PRACTICING PUBLIC         1,832        

ACCOUNTING IN THIS STATE shall assume or use the title or          1,834        

designation "certified public accountant," or "public              1,835        

accountant," and no professional association,                      1,837        

corporation-for-profit, limited liability company, or other legal  1,838        

entity not addressed in another division of this section shall                  

assume or use the title or designation "certified accountant,"     1,840        

"chartered accountant," "enrolled accountant," "licensed           1,841        

                                                          40     

                                                                 
accountant," "registered accountant," or any other title or        1,842        

designation likely to be confused with "certified public           1,843        

accountant" or "public accountant," or any of the abbreviations    1,844        

"CPA," "PA," "CA," "EA," "RA," or "LA," or similar abbreviations   1,846        

likely to be confused with "CPA" or "PA," except that a OR ANY     1,849        

OTHER TITLE, DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN,      1,850        

CARD, OR DEVICE TENDING TO INDICATE THAT THE ENTITY IS A PUBLIC    1,851        

ACCOUNTING FIRM.                                                                

      (1)(a)  A PARTNERSHIP MAY ASSUME OR USE THE TITLE OR         1,854        

DESIGNATION "CERTIFIED PUBLIC ACCOUNTANT," THE ABBREVIATION        1,855        

"CPA," OR ANY OTHER TITLE, DESIGNATION, WORDS, LETTERS,            1,856        

ABBREVIATION, SIGN, CARD, OR DEVICE TENDING TO INDICATE THAT THE   1,857        

PARTNERSHIP IS COMPOSED OF CERTIFIED PUBLIC ACCOUNTANTS IF IT IS   1,858        

A REGISTERED FIRM AND A MAJORITY OF ITS PARTNERS WHO ARE           1,859        

INDIVIDUALS HOLD A CPA CERTIFICATE OR A FOREIGN CERTIFICATE, AND   1,862        

A MAJORITY OF THE OWNERS OF ANY QUALIFIED FIRM THAT IS A PARTNER   1,863        

HOLD A CPA CERTIFICATE OR A FOREIGN CERTIFICATE.                   1,865        

      (b)  A PARTNERSHIP MAY ASSUME OR USE THE TITLE OR            1,868        

DESIGNATION "PUBLIC ACCOUNTANT," THE ABBREVIATION "PA," OR ANY     1,869        

OTHER TITLE, DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN,      1,870        

CARD, OR DEVICE TENDING TO INDICATE THAT THE PARTNERSHIP IS        1,871        

COMPOSED OF PUBLIC ACCOUNTANTS IF IT IS A REGISTERED FIRM AND A    1,872        

MAJORITY OF ITS PARTNERS WHO ARE INDIVIDUALS HOLD A PA             1,874        

REGISTRATION, A CPA CERTIFICATE, OR A FOREIGN CERTIFICATE, AND A   1,877        

MAJORITY OF THE OWNERS OF ANY QUALIFIED FIRM THAT IS A PARTNER     1,878        

HOLD A PA REGISTRATION, A CPA CERTIFICATE, OR A FOREIGN            1,881        

CERTIFICATE.                                                                    

      (2)(a)  A professional association organized for the         1,883        

practice of public accounting and incorporated under Chapter       1,885        

1785. of the Revised Code may assume or use the title OR           1,886        

DESIGNATION "certified public accountant," if all of its           1,888        

shareholders are certified public accountants in good standing     1,891        

under the law of this state or another state or may assume or use  1,892        

the title "public accountant" if all of its shareholders are       1,893        

                                                          41     

                                                                 
public accountants in good standing under this chapter or its      1,896        

shareholders consist of certified public accountants and public    1,897        

accountants in good standing under this chapter, except that a     1,898        

THE ABBREVIATION "CPA," OR ANY OTHER TITLE, DESIGNATION, WORDS,    1,901        

LETTERS, ABBREVIATION, SIGN, CARD, OR DEVICE TENDING TO INDICATE   1,902        

THAT THE PROFESSIONAL ASSOCIATION IS COMPOSED OF CERTIFIED PUBLIC  1,903        

ACCOUNTANTS, IF IT IS A REGISTERED FIRM AND A MAJORITY OF ITS      1,904        

SHAREHOLDERS WHO ARE INDIVIDUALS HOLD A CPA CERTIFICATE OR A       1,905        

FOREIGN CERTIFICATE, AND A MAJORITY OF THE OWNERS OF ANY           1,908        

QUALIFIED FIRM THAT IS A SHAREHOLDER HOLD A CPA CERTIFICATE OR A   1,909        

FOREIGN CERTIFICATE.                                               1,910        

      (b)  A PROFESSIONAL ASSOCIATION INCORPORATED UNDER CHAPTER   1,913        

1785. OF THE REVISED CODE MAY ASSUME OR USE THE TITLE OR           1,915        

DESIGNATION "PUBLIC ACCOUNTANT," THE ABBREVIATION "PA," OR ANY     1,916        

OTHER TITLE, DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN,      1,917        

CARD, OR DEVICE TENDING TO INDICATE THAT THE PROFESSIONAL          1,918        

ASSOCIATION IS COMPOSED OF PUBLIC ACCOUNTANTS IF IT IS A           1,919        

REGISTERED FIRM AND A MAJORITY OF ITS SHAREHOLDERS WHO ARE         1,920        

INDIVIDUALS HOLD A PA REGISTRATION, A CPA CERTIFICATE, OR A        1,922        

FOREIGN CERTIFICATE, AND A MAJORITY OF THE OWNERS OF ANY           1,925        

QUALIFIED FIRM THAT IS A SHAREHOLDER HOLD A PA REGISTRATION, A     1,926        

CPA CERTIFICATE, OR A FOREIGN CERTIFICATE.                         1,928        

      (3)(a)  A corporation-for-profit organized for the practice  1,931        

of public accounting and incorporated under Chapter 1701. of the   1,933        

Revised Code may assume or use the title OR DESIGNATION                         

"certified public accountant," if all of its shareholders are      1,938        

certified public accountants in good standing under the law of     1,940        

this state or another state or may assume or use the title         1,941        

"public accountant" if all of its shareholders are public          1,943        

accountants in good standing under this chapter or its             1,944        

shareholders consist of certified public accountants and public    1,946        

accountants in good standing under this chapter, and except that   1,947        

a THE ABBREVIATION "CPA," OR ANY OTHER TITLE, DESIGNATION, WORDS,  1,950        

LETTERS, ABBREVIATION, SIGN, CARD, OR DEVICE TENDING TO INDICATE   1,951        

                                                          42     

                                                                 
THAT THE CORPORATION IS COMPOSED OF CERTIFIED PUBLIC ACCOUNTANTS   1,952        

IF IT IS A REGISTERED FIRM AND A MAJORITY OF ITS SHAREHOLDERS WHO  1,953        

ARE INDIVIDUALS HOLD A CPA CERTIFICATE OR A FOREIGN CERTIFICATE,   1,955        

AND A MAJORITY OF THE OWNERS OF ANY QUALIFIED FIRM THAT IS A       1,957        

SHAREHOLDER HOLD A CPA CERTIFICATE OR A FOREIGN CERTIFICATE.       1,959        

      (b)  A CORPORATION INCORPORATED UNDER CHAPTER 1701. OF THE   1,962        

REVISED CODE MAY ASSUME OR USE THE TITLE OR DESIGNATION "PUBLIC    1,964        

ACCOUNTANT," THE ABBREVIATION "PA," OR ANY OTHER TITLE,            1,965        

DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN, CARD, OR DEVICE   1,966        

TENDING TO INDICATE THAT THE CORPORATION IS COMPOSED OF PUBLIC     1,967        

ACCOUNTANTS IF IT IS A REGISTERED FIRM AND A MAJORITY OF THE       1,968        

SHAREHOLDERS WHO ARE INDIVIDUALS HOLD A PA REGISTRATION, A CPA     1,971        

CERTIFICATE, OR A FOREIGN CERTIFICATE, AND A MAJORITY OF THE       1,973        

OWNERS OF ANY QUALIFIED FIRM THAT IS A SHAREHOLDER HOLD A PA       1,975        

REGISTRATION, A CPA CERTIFICATE, OR A FOREIGN CERTIFICATE.         1,977        

      (4)(a)  A limited liability company formed ORGANIZED under   1,980        

Chapter 1705. of the Revised Code for the purpose of rendering     1,982        

public accounting services may assume and OR use the title OR      1,985        

DESIGNATION "certified public accountant," if each member of the   1,988        

company and, if the management of the company is not reserved to   1,989        

its members, each manager of the company is a certified public     1,991        

accountant in good standing under the law of this state or         1,993        

another state or may assume and use the title "public accountant"  1,994        

if each member of the company and, if the management of the        1,995        

company is not reserved to its members, each manager of the        1,998        

company is a public accountant in good standing under this         1,999        

chapter or those members and, if applicable, managers are either   2,001        

a certified public accountant or a public accountant in good       2,003        

standing under this chapter THE ABBREVIATION "CPA," OR ANY OTHER   2,006        

TITLE, DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN, CARD, OR   2,007        

DEVICE TENDING TO INDICATE THAT THE LIMITED LIABILITY COMPANY IS   2,008        

COMPOSED OF CERTIFIED PUBLIC ACCOUNTANTS IF IT IS A REGISTERED     2,009        

FIRM AND A MAJORITY OF ITS MEMBERS WHO ARE INDIVIDUALS HOLD A CPA  2,011        

CERTIFICATE OR A FOREIGN CERTIFICATE, AND A MAJORITY OF THE        2,013        

                                                          43     

                                                                 
OWNERS OF ANY QUALIFIED FIRM THAT IS A MEMBER HOLD A CPA           2,015        

CERTIFICATE OR A FOREIGN CERTIFICATE.                              2,016        

      (b)  A LIMITED LIABILITY COMPANY ORGANIZED UNDER CHAPTER     2,019        

1705. OF THE REVISED CODE MAY ASSUME OR USE THE TITLE OR           2,022        

DESIGNATION "PUBLIC ACCOUNTANT," THE ABBREVIATION "PA," OR ANY     2,023        

OTHER TITLE, DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN,      2,024        

CARD, OR DEVICE TENDING TO INDICATE THAT THE LIMITED LIABILITY     2,025        

COMPANY IS COMPOSED OF PUBLIC ACCOUNTANTS IF IT IS A REGISTERED    2,026        

FIRM AND A MAJORITY OF THE MEMBERS WHO ARE INDIVIDUALS HOLD A PA   2,028        

REGISTRATION, CPA CERTIFICATE, OR A FOREIGN CERTIFICATE, AND A     2,031        

MAJORITY OF THE OWNERS OF ANY QUALIFIED FIRM THAT IS A MEMBER      2,032        

HOLD A PA REGISTRATION, A CPA CERTIFICATE, OR A FOREIGN            2,034        

CERTIFICATE.                                                       2,035        

      (G)(D)  No person INDIVIDUAL shall sign, affix, or           2,038        

associate his THE INDIVIDUAL'S name or any trade or assumed name   2,040        

used by him THE INDIVIDUAL in his THE INDIVIDUAL'S profession or   2,042        

business to any opinion, review report, compilation report,        2,043        

examination report, or agreed-upon procedures report on a          2,044        

financial statement ATTEST REPORT with any wording indicating      2,045        

that he THE INDIVIDUAL is an accountant or auditor, or with any    2,048        

wording accompanying or contained in the opinion or ATTEST report  2,049        

that indicates that he THE INDIVIDUAL has expert knowledge in      2,052        

accounting or auditing or expert knowledge regarding compliance    2,053        

with conditions established by law or contract, including, but     2,054        

not limited to, statutes, ordinances, regulations, grants, loans,  2,055        

and appropriations, unless he THE INDIVIDUAL holds a live AN OHIO  2,057        

permit issued under section 4701.10 of the Revised Code; provided  2,059        

that.  HOWEVER, this division does not prohibit any officer,       2,061        

employee, partner, or principal of any organization from affixing  2,062        

his THE OFFICER'S, EMPLOYEE'S, PARTNER'S, OR PRINCIPAL'S           2,063        

signature to any statement or report in reference to the           2,064        

financial affairs of that organization with any wording            2,065        

designating the position, title, or office that he THE INDIVIDUAL  2,066        

holds in that organization; and provided that this.  THIS          2,067        

                                                          44     

                                                                 
division ALSO does not prohibit any act of a public official or    2,069        

public employee in the performance of his THE PUBLIC OFFICIAL'S    2,070        

OR PUBLIC EMPLOYEE'S duties.                                       2,071        

      (H)(E)  No person shall sign, affix, or associate the name   2,073        

of a partnership, limited liability company, professional          2,075        

association, corporation-for-profit, or other legal entity         2,076        

BUSINESS ORGANIZATION not addressed in another division of this    2,078        

section to any opinion, review report, compilation report,         2,079        

examination report, or agreed-upon procedures report on a          2,080        

financial statement ATTEST REPORT with any wording accompanying    2,081        

or contained in the opinion or ATTEST report that indicates that   2,082        

the partnership, limited liability company, professional           2,084        

association, corporation-for-profit, or other legal entity         2,085        

BUSINESS ORGANIZATION is composed of or employs accountants or     2,088        

auditors or persons having expert knowledge in accounting or                    

auditing or expert knowledge regarding compliance with conditions  2,089        

established by law or contract, including, but not limited to,     2,090        

statutes, ordinances, regulations, grants, loans, and              2,091        

appropriations, unless the partnership is entitled to designate    2,093        

itself as a partnership of certified public accountants under      2,094        

division (B) of this section or as a partnership of public         2,095        

accountants under division (D) of this section and, if it is       2,097        

required to be registered, is registered under section 4701.04 of  2,098        

the Revised Code or unless the, limited liability company,         2,099        

professional association, or corporation-for-profit is entitled    2,100        

to designate itself as a limited liability company, professional   2,102        

association, or corporation-for-profit of certified public         2,103        

accountants or public accountants under division (F) of this       2,104        

section and, if it is required to be registered, OR OTHER                       

BUSINESS ORGANIZATION is A registered under section 4701.04 of     2,106        

the Revised Code FIRM.                                                          

      (I)(F)  No person INDIVIDUAL not holding a live AN OHIO      2,109        

permit under section 4701.10 of the Revised Code shall hold        2,110        

himself SELF out to the public as an "accountant" or "auditor" by  2,112        

                                                          45     

                                                                 
use of either or both of those words on any sign, card, or         2,113        

letterhead, in any advertisement or directory, or otherwise,       2,114        

without indicating thereon or therein that the person does not     2,115        

hold a live AN OHIO permit; provided that.  AN INDIVIDUAL WHO      2,116        

HOLDS A CPA CERTIFICATE AND AN OHIO PERMIT MAY HOLD SELF OUT TO    2,117        

THE PUBLIC AS AN "ACCOUNTANT" OR "AUDITOR."  HOWEVER, this         2,119        

division does not prohibit any officer, employee, partner, or      2,120        

principal of any organization from describing himself SELF by the  2,122        

position, title, or office he THE PERSON holds in that             2,123        

organization; and provided that this.  THIS division ALSO does     2,125        

not prohibit any act of a public official or public employee in    2,127        

the performance of his THE PUBLIC OFFICIAL'S OR PUBLIC EMPLOYEE'S  2,128        

duties.                                                                         

      (J)(G)  No partnership that is not entitled to designate     2,130        

itself as a partnership of certified public accountants under      2,132        

division (B) of this section or as a partnership of public         2,133        

accountants under division (D) of this section, and no limited     2,134        

liability company, professional association,                       2,136        

corporation-for-profit, LIMITED LIABILITY COMPANY, or other legal  2,137        

entity BUSINESS ORGANIZATION not addressed in another division of  2,138        

this section that is not entitled to assume or use the title       2,139        

"certified public accountant" or "public accountant" under         2,140        

division (F)(C) of this section, shall hold itself out to the      2,142        

public as a firm, partnership, limited liability company,          2,143        

professional association, corporation-for-profit, LIMITED          2,144        

LIABILITY COMPANY, or other legal entity BUSINESS ORGANIZATION     2,145        

not addressed in another division of this section of AS BEING      2,147        

COMPOSED OF OR EMPLOYING "accountants" or "auditors" by use of     2,149        

either or both of those words on any sign, card, or letterhead,    2,150        

in any advertisement or directory, or otherwise, without           2,151        

indicating thereon or therein that the partnership, limited        2,152        

liability company, professional association,                       2,153        

corporation-for-profit, LIMITED LIABILITY COMPANY, or other legal  2,155        

entity BUSINESS ORGANIZATION is not A REGISTERED FIRM AND IS NOT   2,156        

                                                          46     

                                                                 
permitted by law to practice as a partnership, limited liability   2,158        

company, professional association, corporation-for-profit, or      2,159        

other legal entity of public accountants PUBLIC ACCOUNTING FIRM.                

      (K)(H)  No person shall assume or use the title or           2,161        

designation "certified public accountant" or "public accountant"   2,162        

in conjunction with names indicating or implying that there is a   2,163        

partnership or in conjunction with the designation "and Company"   2,164        

or "and Co" or a similar designation if, in any such case, there   2,165        

is in fact no bona fide partnership entitled to designate itself   2,166        

as a partnership of certified public accountants under division    2,167        

(B)(C)(1)(a) of this section or as a partnership of public         2,168        

accountants under division (D)(C)(1)(b) of this section; provided  2,170        

that.  HOWEVER, a sole proprietor or partnership that was on       2,173        

October 22, 1959, or a corporation that on or after September 30,  2,174        

1974, has been, lawfully using a title or designation of those     2,175        

types in conjunction with names or designations of those types,    2,176        

may continue to do so if he or it THE SOLE PROPRIETOR,             2,177        

PARTNERSHIP, OR CORPORATION otherwise complies with this section.  2,178        

      Sec. 4701.16.  (A)  After notice and hearing as provided in  2,190        

Chapter 119. of the Revised Code, the accountancy board may        2,191        

discipline a registrant or certificate holder PERSON HOLDING AN    2,193        

OHIO PERMIT, AN OHIO REGISTRATION, A FIRM REGISTRATION, A CPA      2,195        

CERTIFICATE, A PA REGISTRATION, OR ANY OTHER PERSON WHOSE          2,197        

ACTIVITIES ARE REGULATED BY THE BOARD as specified in division     2,200        

(B) of this section for any one or any combination of the          2,201        

following causes:                                                               

      (1)  Fraud or deceit in registering as a public accounting   2,203        

OBTAINING A firm REGISTRATION, in obtaining a CPA certificate as   2,205        

a certified public accountant, or in obtaining a permit to         2,206        

practice accounting pursuant to sections 4701.02 to 4701.19 of     2,207        

the Revised Code, A PA CERTIFICATE, AN OHIO PERMIT, OR AN OHIO     2,208        

REGISTRATION;                                                      2,209        

      (2)  Dishonesty, fraud, or gross negligence in the practice  2,211        

of public accounting;                                              2,212        

                                                          47     

                                                                 
      (3)  Violation of any of the provisions of section 4701.14   2,214        

of the Revised Code;                                               2,215        

      (4)  Violation of a rule of professional conduct             2,217        

promulgated by the board under the authority granted by sections   2,218        

4701.02 to 4701.22 of the Revised Code;                            2,219        

      (5)  Conviction of a felony under the laws of any state or   2,221        

of the United States;                                              2,222        

      (6)  Conviction of any crime, an element of which is         2,224        

dishonesty or fraud, under the laws of any state or of the United  2,225        

States;                                                            2,226        

      (7)  Cancellation, revocation, suspension, or refusal to     2,228        

renew authority to practice as a certified public accountant, a    2,229        

public accountant, or a public accounting firm by any other        2,230        

state, for any cause other than failure to pay registration fees   2,231        

in such other state;                                               2,232        

      (8)  Suspension or revocation of the right to practice       2,234        

before any state or federal agency;                                2,235        

      (9)  Failure of a certified public accountant or public      2,237        

accountant HOLDER OF A CPA CERTIFICATE OR PA CERTIFICATE to        2,239        

obtain the AN OHIO permit required by section 4701.10 of the       2,241        

Revised Code OR AN OHIO REGISTRATION, or THE failure of a public   2,242        

accounting firm to register with the board pursuant to section     2,243        

4701.04 of the Revised Code OBTAIN A FIRM REGISTRATION;            2,244        

      (10)  Conduct discreditable to the public accounting         2,246        

profession;                                                        2,247        

      (11)  FAILURE OF A PUBLIC ACCOUNTING FIRM TO COMPLY WITH     2,249        

SECTION 4701.04 OF THE REVISED CODE.                               2,250        

      (B)  For any of the reasons specified in division (A) of     2,252        

this section, the board may:                                       2,253        

      (1)  Revoke or, suspend, OR REFUSE TO RENEW any CPA          2,256        

certificate issued under section 4701.06 or 4701.061 of the        2,257        

Revised Code OR PA CERTIFICATE or any registration granted under   2,259        

section 4701.04 or 4701.07 of the Revised Code OHIO PERMIT, OHIO   2,260        

REGISTRATION, OR FIRM REGISTRATION;                                             

                                                          48     

                                                                 
      (2)  Revoke, suspend, or refuse to renew any permit issued   2,262        

under section 4701.10 of the Revised Code DISQUALIFY A PERSON WHO  2,264        

IS NOT A HOLDER OF AN OHIO PERMIT OR A HOLDER OF A FOREIGN PERMIT  2,266        

FROM OWNING AN EQUITY INTEREST IN A PUBLIC ACCOUNTING FIRM OR      2,267        

QUALIFIED FIRM;                                                                 

      (3)  Publicly censure a registrant REGISTERED FIRM or        2,269        

holder of a CPA certificate, A PA CERTIFICATE, AN OHIO PERMIT, OR  2,273        

AN OHIO REGISTRATION;                                              2,274        

      (4)  Levy AGAINST A REGISTERED FIRM OR A HOLDER OF A CPA     2,278        

CERTIFICATE, A PA CERTIFICATE, AN OHIO PERMIT, OR AN OHIO          2,281        

REGISTRATION a penalty OR fine not to exceed one thousand dollars  2,282        

for each offense.  Any fine shall be reasonable and in relation    2,283        

to the severity of the offense.                                    2,284        

      (5)  In the case of violations of division (A)(2) or (4) of  2,286        

this section, require completion of remedial continuing education  2,287        

programs prescribed by the board in addition to those required by  2,288        

section 4701.11 of the Revised Code;                               2,289        

      (6)  In the case of violations of division (A)(2) or (4) of  2,291        

this section, require the HOLDER OF A CPA certificate holder or    2,293        

registrant, PA REGISTRATION, OR FIRM REGISTRATION to submit to a   2,295        

quality review by a professional committee designated by the       2,296        

board, which committee shall report to the board concerning the    2,297        

certificate holder's or registrant's THAT PERSON'S compliance      2,298        

with generally accepted accounting principles or, GENERALLY        2,299        

ACCEPTED auditing standards, OR OTHER GENERALLY ACCEPTED           2,301        

TECHNICAL STANDARDS;                                                            

      (7)  IN THE CASE OF A VIOLATION OF DIVISION (A)(11) OF THIS  2,303        

SECTION, SUSPEND, REVOKE, OR REFUSE TO RENEW THE FIRM              2,304        

REGISTRATION OF A PUBLIC ACCOUNTING FIRM.                          2,306        

      (C)  Where the board levies a fine against or suspends the   2,308        

certificate of a person or registration of a person or firm for a  2,309        

violation of division (A)(2) or (4) of this section, it may waive  2,310        

all or any portion of the fine or suspension where the HOLDER OF   2,312        

THE CPA certificate holder or registrant, PA REGISTRATION, OR      2,313        

                                                          49     

                                                                 
FIRM REGISTRATION complies fully with division (B)(5) or (6) of    2,315        

this section.                                                                   

      Sec. 4701.29.  (A)  THE ACCOUNTANCY BOARD MAY INVESTIGATE    2,318        

WHETHER A PERSON HAS VIOLATED ANY PROVISION OF THIS CHAPTER OR     2,319        

RULE ADOPTED UNDER IT BEFORE COMMENCING A DISCIPLINARY PROCEEDING  2,320        

PURSUANT TO SECTION 4701.16 OF THE REVISED CODE OR TAKING LEGAL    2,321        

ACTION PURSUANT TO SECTION 4701.18 OF THE REVISED CODE.  AN        2,323        

INVESTIGATION UNDER THIS SECTION IS NOT SUBJECT TO CHAPTER 119.    2,325        

OF THE REVISED CODE.                                               2,327        

      THE BOARD MAY APPOINT A COMMITTEE OF BOARD MEMBERS OR STAFF  2,330        

EMPLOYED BY THE BOARD TO CONDUCT AN INVESTIGATION.                              

NOTWITHSTANDING ANY STATUTE OR RULE TO THE CONTRARY, A BOARD       2,331        

MEMBER WHO PARTICIPATES IN AN INVESTIGATION MAY PARTICIPATE        2,333        

ACTIVELY IN ANY HEARING OR PROCEEDING TO THE SAME EXTENT AS A      2,334        

BOARD MEMBER WHO DID NOT PARTICIPATE IN THE INVESTIGATION.         2,335        

      (B)  DURING AN INVESTIGATION, THE BOARD MAY ADMINISTER       2,338        

OATHS, ORDER THE TAKING OF DEPOSITIONS, ISSUE SUBPOENAS, COMPEL    2,339        

THE ATTENDANCE AND TESTIMONY OF A PERSON AT A DEPOSITION, AND      2,340        

COMPEL THE PRODUCTION OF ANY FORM OF DOCUMENTARY EVIDENCE OR       2,341        

RECORD.  SUBPOENAS AND ORDERS TO COMPEL UNDER THIS SECTION MAY BE  2,342        

SERVED BY A DESIGNEE OF THE BOARD OR BY CERTIFIED MAIL TO THE      2,343        

RESIDENCE OR PLACE OF BUSINESS OF THE PERSON, FIRM, CORPORATION,   2,344        

PARTNERSHIP, SOLE PROPRIETORSHIP, LIMITED LIABILITY COMPANY, OR    2,345        

OTHER ENTITY NAMED IN THE SUBPOENA OR ORDER.                       2,346        

      (C)(1)  ANY WITNESS WHO APPEARS IN RESPONSE TO A SUBPOENA    2,349        

OF THE BOARD MAY REQUEST, AND SHALL RECEIVE WITHIN A REASONABLE    2,350        

TIME AFTER MAKING THE REQUEST, THE FEES AND MILEAGE PROVIDED FOR   2,351        

WITNESSES IN CIVIL CASES IN THE COURTS OF COMMON PLEAS IN THIS     2,352        

STATE.                                                                          

      (2)  IF A PERSON FAILS TO COMPLY WITH A SUBPOENA OR ORDER    2,354        

ISSUED BY THE BOARD UNDER THIS SECTION, THE BOARD MAY PETITION     2,356        

THE FRANKLIN COUNTY COURT OF COMMON PLEAS FOR AN ORDER COMPELLING  2,357        

COMPLIANCE WITH THE BOARD'S SUBPOENA OR ORDER.  UPON APPLICATION   2,358        

BY THE BOARD AND UPON EVIDENCE OF THE PERSON'S FAILURE TO COMPLY,  2,359        

                                                          50     

                                                                 
THE COURT SHALL COMPEL THE APPEARANCE OF THE PERSONS OR THE        2,360        

PRODUCTION OF THE DOCUMENTS NAMED IN THE BOARD'S SUBPOENA OR       2,361        

ORDER IN ACCORDANCE WITH THE RULES OF CIVIL PROCEDURE.  THE COURT  2,364        

ALSO MAY ISSUE ANY CONTEMPT CITATION AND SANCTION THE COURT DEEMS  2,365        

APPROPRIATE.                                                       2,366        

      (D)  THE INVESTIGATIVE PROCEEDINGS OF THE BOARD UNDER THIS   2,369        

SECTION ARE NOT A PUBLIC RECORD, ARE CONFIDENTIAL, AND ARE NOT     2,370        

SUBJECT TO DISCOVERY IN ANY CIVIL OR ADMINISTRATIVE ACTION.        2,371        

      Section 2.  That existing sections 1111.01, 2925.01,         2,373        

4701.01, 4701.04, 4701.06, 4701.061, 4701.07, 4701.10, 4701.11,    2,374        

4701.12, 4701.13, 4701.14, and 4701.16 of the Revised Code are     2,376        

hereby repealed.                                                                

      Section 3.  Section 2925.01 of the Revised Code is           2,378        

presented in this act as a composite of the section as amended by  2,379        

Am. Sub. S.B. 143, Am. Sub. S.B. 269, Sub. S.B. 223, and Sub.      2,380        

H.B. 125 of the 121st General Assembly, with the new language of   2,381        

none of the acts shown in capital letters.  Section 4701.16 of                  

the Revised Code is presented in this act as a composite of the    2,383        

section as amended by both Am. Sub. S.B. 165 and Am. S.B. 316 of   2,384        

the 119th General Assembly, with the new language of neither of    2,386        

the acts shown in capital letters.  This is in recognition of the  2,387        

principle stated in division (B) of section 1.52 of the Revised    2,388        

Code that such amendments are to be harmonized where not           2,389        

substantively irreconcilable and constitutes a legislative         2,390        

finding that such is the resulting version in effect prior to the  2,391        

effective date of this act.