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
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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
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(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
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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
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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
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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
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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
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(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
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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
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(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
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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
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(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
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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.
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(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
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(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.