As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                         Am. Sub. S. B. No. 200  5            

      1997-1998                                                    6            


     SENATORS CUPP-WATTS-HERINGTON-HOTTINGER-MUMPER-CARNES-        8            

                    BLESSING-FINAN-SUHADOLNIK                      9            


                                                                   11           

                           A   B I L L                                          

             To amend sections 1111.01, 2925.01, 4701.01,          13           

                4701.04, 4701.06, 4701.061, 4701.07, 4701.10,      14           

                4701.11, 4701.12, 4701.13, 4701.14, and 4701.16                 

                and to enact section 4701.29 of the Revised Code   16           

                to permit certain persons who do not hold a        17           

                license to practice as an accountant to acquire    18           

                an ownership interest in public accounting firms,               

                to change the definitions of the "practice of      19           

                public accounting" and "permit" under the                       

                Accountancy Law, to make other definitional        20           

                changes, and to expand the discipline that may be  21           

                imposed for infractions of that law.                            




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        23           

      Section 1.  That sections 1111.01, 2925.01, 4701.01,         25           

4701.04, 4701.06, 4701.061, 4701.07, 4701.10, 4701.11, 4701.12,    27           

4701.13, 4701.14, and 4701.16 be amended and section 4701.29 of    29           

the Revised Code be enacted to read as follows:                    30           

      Sec. 1111.01.  As used in this chapter:                      39           

      (A)  "Charitable trust" means a charitable remainder         41           

annuity trust as defined in section 664(d) of the Internal         42           

Revenue Code, a charitable remainder unitrust as defined in        43           

section 664(d) of the Internal Revenue Code, a charitable lead or  44           

other split interest trust subject to the governing instrument     45           

requirements of section 508(e) of the Internal Revenue Code, a     46           

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

                                                          2      

                                                                 
Revenue Code, a trust that is a private foundation as defined in   47           

section 509 of the Internal Revenue Code, or a trust of which      48           

each beneficiary is a charity.                                     49           

      For purposes of this division and division (B) of this       51           

section, "Internal Revenue Code" means the "Internal Revenue Code  52           

of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.               53           

      (B)  "Charity" means a state university as defined in        55           

section 3345.011 of the Revised Code, a community college as       57           

defined in section 3354.01 of the Revised Code, a technical                     

college as defined in section 3357.01 of the Revised Code, a       58           

state community college as defined in section 3358.01 of the       59           

Revised Code, a private college or university that possesses a     60           

certificate of authorization issued by the Ohio board of regents   61           

pursuant to Chapter 1713. of the Revised Code, a trust or          62           

organization exempt from taxation under section 501(c)(3) or       63           

section 501(c)(13) of the Internal Revenue Code, or a              65           

corporation, trust, or organization described in section           66           

170(c)(2) of the Internal Revenue Code.  The term "charities"      67           

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

      (C)  "Collective investment fund" means a fund established   69           

by a trust company or an affiliate of a trust company for the      70           

collective investment of assets held in a fiduciary capacity,      71           

either alone or with one or more cofiduciaries, by the             72           

establishing trust company and its affiliates.                                  

      (D)  "Fiduciary investment company" means a corporation      74           

that is both of the following:                                     75           

      (1)  An investment company;                                  77           

      (2)  Incorporated, owned, and operated in accordance with    79           

rules adopted by the superintendent of financial institutions for  80           

the investment of funds held by trust companies in a fiduciary     81           

capacity and for true fiduciary purposes, either alone or with     82           

one or more cofiduciaries.                                                      

      (E)  "Instrument" includes any will, declaration of trust,   84           

agreement of trust, agency, or custodianship, or court order       85           

                                                          3      

                                                                 
creating a fiduciary relationship.                                 86           

      (F)  "Investment company" means any investment company as    88           

defined in section 3 and registered under section 8 of the         89           

"Investment Company Act of 1940," 54 Stat. 789, 15 U.S.C.A. 80a-3  91           

and 80a-8.                                                                      

      (G)  "Trust business" means accepting and executing trusts   93           

of property, serving as a trustee, executor, administrator,        94           

guardian, receiver, or conservator, and providing fiduciary        95           

services as a business.  "Trust business" does not include any of  96           

the following:                                                                  

      (1)  Any natural person acting as a trustee, executor,       98           

administrator, guardian, receiver, or conservator, pursuant to     100          

appointment by a court of competent jurisdiction;                               

      (2)  Any natural person serving as a trustee who does not    103          

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

hire.  For purposes of division (G) of this section, the           105          

solicitation or advertisement of legal or accounting services by   106          

a person licensed in this state as an attorney or a person         107          

holding a live AN OHIO permit to practice public accounting        108          

issued under division (A) of section 4701.10 of the Revised Code   109          

shall not be considered to be the act of holding self out to the   110          

public as willing to act as a trustee for hire.                    111          

      (3)  A charity, an officer or employee of a charity, or a    114          

person affiliated with a charity, serving as trustee of a          115          

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

similar purpose, is a beneficiary;                                 116          

      (4)  Other fiduciary activities the superintendent           118          

determines are not undertaken as a business.                       119          

      Sec. 2925.01.  As used in this chapter:                      132          

      (A)  "Administer," "controlled substance," "dispense,"       134          

"distribute," "federal drug abuse control laws," "hypodermic,"     135          

"manufacturer," "official written order," "person," "pharmacist,"  137          

"pharmacy," "practitioner," "prescription," "sale," "schedule I,"  138          

"schedule II," "schedule III," "schedule IV," "schedule V," and    139          

                                                          4      

                                                                 
"wholesaler" have the same meanings as in section 3719.01 of the   140          

Revised Code.                                                                   

      (B)  "Drug dependent person" and "drug of abuse" have the    142          

same meanings as in section 3719.011 of the Revised Code.          143          

      (C)  "Drug," "dangerous drug," and "Federal Food, Drug, and  145          

Cosmetic Act" have the same meanings as in section 4729.02 of the  146          

Revised Code.                                                      147          

      (D)  "Bulk amount" of a controlled substance means any of    149          

the following:                                                     150          

      (1)  For any compound, mixture, preparation, or substance    152          

included in schedule I, schedule II, or schedule III, with the     154          

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

except as provided in division (D)(2) or (5) of this section,      156          

whichever of the following is applicable:                                       

      (a)  An amount equal to or exceeding ten grams or            158          

twenty-five unit doses of a compound, mixture, preparation, or     159          

substance that is or contains any amount of a schedule I opiate    160          

or opium derivative;                                               161          

      (b)  An amount equal to or exceeding ten grams of a          164          

compound, mixture, preparation, or substance that is or contains   165          

any amount of raw or gum opium;                                    166          

      (c)  An amount equal to or exceeding thirty grams or ten     169          

unit doses of a compound, mixture, preparation, or substance that  170          

is or contains any amount of a schedule I hallucinogen other than  171          

tetrahydrocannabinol or lysergic acid amide, or a schedule I       174          

stimulant or depressant;                                           175          

      (d)  An amount equal to or exceeding twenty grams or five    178          

times the maximum daily dose in the usual dose range specified in  179          

a standard pharmaceutical reference manual of a compound,          180          

mixture, preparation, or substance that is or contains any amount  181          

of a schedule II opiate or opium derivative;                       182          

      (e)  An amount equal to or exceeding five grams or ten unit  184          

doses of a compound, mixture, preparation, or substance that is    185          

or contains any amount of phencyclidine;                           186          

                                                          5      

                                                                 
      (f)  An amount equal to or exceeding one hundred twenty      188          

grams or thirty times the maximum daily dose in the usual dose     189          

range specified in a standard pharmaceutical reference manual of   190          

a compound, mixture, preparation, or substance that is or          191          

contains any amount of a schedule II stimulant that is in a final  192          

dosage form manufactured by a person authorized by the Federal     193          

Food, Drug, and Cosmetic Act and the federal drug abuse control    194          

laws, that is or contains any amount of a schedule II depressant   195          

substance or a schedule II hallucinogenic substance;               196          

      (g)  An amount equal to or exceeding three grams of a        199          

compound, mixture, preparation, or substance that is or contains   200          

any amount of a schedule II stimulant, or any of its salts or      201          

isomers, that is not in a final dosage form manufactured by a      202          

person authorized by the Federal Food, Drug, and Cosmetic Act and  203          

the federal drug abuse control laws.                               204          

      (2)  An amount equal to or exceeding one hundred twenty      207          

grams or thirty times the maximum daily dose in the usual dose     208          

range specified in a standard pharmaceutical reference manual of   210          

a compound, mixture, preparation, or substance that is or          212          

contains any amount of a schedule III or IV substance other than   214          

an anabolic steroid or a schedule III opiate or opium derivative;  215          

      (3)  An amount equal to or exceeding twenty grams or five    217          

times the maximum daily dose in the usual dose range specified in  218          

a standard pharmaceutical reference manual of a compound,          219          

mixture, specification PREPARATION, or substance that is or        221          

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

      (4)  An amount equal to or exceeding two hundred fifty       223          

milliliters or two hundred fifty grams of a compound, mixture,     224          

preparation, or substance that is or contains any amount of a      225          

schedule V substance;                                              226          

      (5)  An amount equal to or exceeding two hundred solid       229          

dosage units, sixteen grams, or sixteen milliliters of a           230          

compound, mixture, preparation, or substance that is or contains   231          

any amount of a schedule III anabolic steroid.                     232          

                                                          6      

                                                                 
      (E)  "Unit dose" means an amount or unit of a compound,      234          

mixture, or preparation containing a controlled substance that is  235          

separately identifiable and is in a form indicating that           236          

indicates that it is the amount or unit by which the controlled    238          

substance is separately administered to or taken by an             239          

individual.                                                        240          

      (F)  "Cultivate" includes planting, watering, fertilizing,   242          

or tilling.                                                        243          

      (G)  "Drug abuse offense" means any of the following:        245          

      (1)  A violation of division (A) of section 2913.02 that     247          

constitutes theft of drugs, or a violation of section 2925.02,     248          

2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13,     249          

2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the     251          

Revised Code;                                                                   

      (2)  A violation of an existing or former law of this or     253          

any other state or of the United States that is substantially      254          

equivalent to any section listed in division (G)(1) of this        255          

section;                                                           256          

      (3)  An offense under an existing or former law of this or   258          

any other state, or of the United States, of which planting,       259          

cultivating, harvesting, processing, making, manufacturing,        260          

producing, shipping, transporting, delivering, acquiring,          261          

possessing, storing, distributing, dispensing, selling, inducing   262          

another to use, administering to another, using, or otherwise      263          

dealing with a controlled substance is an element;                 264          

      (4)  A conspiracy to commit, attempt to commit, or           266          

complicity in committing or attempting to commit any offense       267          

under division (G)(1), (2), or (3) of this section.                268          

      (H)  "Felony drug abuse offense" means any drug abuse        270          

offense that would constitute a felony under the laws of this      271          

state, any other state, or the United States.                      272          

      (I)  "Harmful intoxicant" does not include beer or           274          

intoxicating liquor but means any compound, mixture, preparation,  276          

or substance the gas, fumes, or vapor of which when inhaled can    277          

                                                          7      

                                                                 
induce intoxication, excitement, giddiness, irrational behavior,   278          

depression, stupefaction, paralysis, unconsciousness,              279          

asphyxiation, or other harmful physiological effects, and          280          

includes, but is not limited to, any of the following:             281          

      (1)  Any volatile organic solvent, plastic cement, model     283          

cement, fingernail polish remover, lacquer thinner, cleaning       284          

fluid, gasoline, or other preparation containing a volatile        285          

organic solvent;                                                   286          

      (2)  Any aerosol propellant;                                 288          

      (3)  Any fluorocarbon refrigerant;                           290          

      (4)  Any anesthetic gas.                                     292          

      (J)  "Manufacture" means to plant, cultivate, harvest,       294          

process, make, prepare, or otherwise engage in any part of the     295          

production of a drug, by propagation, extraction, chemical         296          

synthesis, or compounding, or any combination of the same, and     297          

includes packaging, repackaging, labeling, and other activities    298          

incident to production.                                            299          

      (K)  "Possess" or "possession" means having control over a   301          

thing or substance, but may not be inferred solely from mere       302          

access to the thing or substance through ownership or occupation   303          

of the premises upon which the thing or substance is found.        304          

      (L)  "Sample drug" means a drug or pharmaceutical            306          

preparation that would be hazardous to health or safety if used    307          

without the supervision of a practitioner, or a drug of abuse,     308          

and that, at one time, had been placed in a container plainly      309          

marked as a sample by a manufacturer.                              310          

      (M)  "Standard pharmaceutical reference manual" means the    312          

current edition, with cumulative changes if any, of any of the     313          

following reference works:                                         314          

      (1)  "The National Formulary";                               316          

      (2)  "The United States Pharmacopeia," prepared by           318          

authority of the United States Pharmacopeial Convention, Inc.;     319          

      (3)  Other standard references that are approved by the      321          

state board of pharmacy.                                           322          

                                                          8      

                                                                 
      (N)  "Juvenile" means a person under eighteen years of age.  324          

      (O)  "Counterfeit controlled substance" means any of the     326          

following:                                                         327          

      (1)  Any drug that bears, or whose container or label        329          

bears, a trademark, trade name, or other identifying mark used     330          

without authorization of the owner of rights to that trademark,    331          

trade name, or identifying mark;                                   332          

      (2)  Any unmarked or unlabeled substance that is             334          

represented to be a controlled substance manufactured, processed,  335          

packed, or distributed by a person other than the person that      336          

manufactured, processed, packed, or distributed it;                337          

      (3)  Any substance that is represented to be a controlled    339          

substance but is not a controlled substance or is a different      340          

controlled substance;                                              341          

      (4)  Any substance other than a controlled substance that a  343          

reasonable person would believe to be a controlled substance       344          

because of its similarity in shape, size, and color, or its        345          

markings, labeling, packaging, distribution, or the price for      346          

which it is sold or offered for sale.                              347          

      (P)  An offense is "committed in the vicinity of a school"   349          

if the offender commits the offense on school premises, in a       350          

school building, or within one thousand feet of the boundaries of  351          

any school premises.                                                            

      (Q)  "School" means any school operated by a board of        353          

education or any school for which the state board of education     354          

prescribes minimum standards under section 3301.07 of the Revised  355          

Code, whether or not any instruction, extracurricular activities,  356          

or training provided by the school is being conducted at the time  357          

a criminal offense is committed.                                   358          

      (R)  "School premises" means either of the following:        360          

      (1)  The parcel of real property on which any school is      362          

situated, whether or not any instruction, extracurricular          363          

activities, or training provided by the school is being conducted  364          

on the premises at the time a criminal offense is committed;       365          

                                                          9      

                                                                 
      (2)  Any other parcel of real property that is owned or      367          

leased by a board of education of a school or the governing body   368          

of a school for which the state board of education prescribes      369          

minimum standards under section 3301.07 of the Revised Code and    370          

on which some of the instruction, extracurricular activities, or   371          

training of the school is conducted, whether or not any            372          

instruction, extracurricular activities, or training provided by   373          

the school is being conducted on the parcel of real property at    374          

the time a criminal offense is committed.                          375          

      (S)  "School building" means any building in which any of    377          

the instruction, extracurricular activities, or training provided  378          

by a school is conducted, whether or not any instruction,          379          

extracurricular activities, or training provided by the school is  380          

being conducted in the school building at the time a criminal      381          

offense is committed.                                              382          

      (T)  "Disciplinary counsel" means the disciplinary counsel   384          

appointed by the board of commissioners on grievances and          385          

discipline of the supreme court under the Rules for the            386          

Government of the Bar of Ohio.                                     387          

      (U)  "Certified grievance committee" means a duly            389          

constituted and organized committee of the Ohio state bar          390          

association or of one or more local bar associations of the state  391          

of Ohio that complies with the criteria set forth in Rule V,       392          

section 6 of the Rules for the Government of the Bar of Ohio.      393          

      (V)  "Professional license" means any license, permit,       395          

certificate, registration, qualification, admission, temporary     396          

license, temporary permit, temporary certificate, or temporary     397          

registration that is described in divisions (W)(1) to (35) of      398          

this section and that qualifies a person as a professionally       399          

licensed person.                                                   400          

      (W)  "Professionally licensed person" means any of the       402          

following:                                                         403          

      (1)  A person who has obtained a license as a manufacturer   405          

of controlled substances or a wholesaler of controlled substances  406          

                                                          10     

                                                                 
under Chapter 3719. of the Revised Code;                           407          

      (2)  A person who has received a certificate or temporary    409          

certificate as a certified public accountant or who has            410          

registered as a public accountant under Chapter 4701. of the       411          

Revised Code and who holds a live AN OHIO permit issued under      413          

that chapter;                                                      414          

      (3)  A person who holds a certificate of qualification to    416          

practice architecture issued or renewed and registered under       417          

Chapter 4703. of the Revised Code;                                 418          

      (4)  A person who is registered as a landscape architect     420          

under Chapter 4703. of the Revised Code or who holds a permit as   421          

a landscape architect issued under that chapter;                   422          

      (5)  A person licensed as an auctioneer or apprentice        424          

auctioneer or licensed to operate an auction company under         425          

Chapter 4707. of the Revised Code;                                 426          

      (6)  A person who has been issued a certificate of           428          

registration as a registered barber under Chapter 4709. of the     429          

Revised Code;                                                      430          

      (7)  A person licensed and regulated to engage in the        432          

business of a debt pooling company by a legislative authority,     433          

under authority of Chapter 4710. of the Revised Code;              434          

      (8)  A person who has been issued a cosmetologist's          436          

license, manicurist's license, esthetician's license, managing     437          

cosmetologist's license, managing manicurist's license, managing   438          

esthetician's license, cosmetology instructor's license,           439          

manicurist instructor's license, esthetician instructor's          440          

license, or tanning facility permit under Chapter 4713. of the     441          

Revised Code;                                                      442          

      (9)  A person who has been issued a license to practice      444          

dentistry, a general anesthesia permit, a conscious intravenous    445          

sedation permit, a limited resident's license, a limited teaching  446          

license, a dental hygienist's license, or a dental hygienist's     447          

teacher's certificate under Chapter 4715. of the Revised Code;     448          

      (10)  A person who has been issued an embalmer's license, a  450          

                                                          11     

                                                                 
funeral director's license, or a funeral home license, or who has  451          

been registered for a funeral director's apprenticeship under      452          

Chapter 4717. of the Revised Code;                                 453          

      (11)  A person who has been licensed as a registered nurse   455          

or practical nurse, or who has been issued a certificate for the   456          

practice of nurse-midwifery under Chapter 4723. of the Revised     457          

Code;                                                              458          

      (12)  A person who has been licensed to practice optometry   460          

or to engage in optical dispensing under Chapter 4725. of the      461          

Revised Code;                                                      462          

      (13)  A person licensed to act as a pawnbroker under         464          

Chapter 4727. of the Revised Code;                                 465          

      (14)  A person licensed to act as a precious metals dealer   467          

under Chapter 4728. of the Revised Code;                           468          

      (15)  A person registered as a pharmacist, a pharmacy        470          

intern, a wholesale distributor of dangerous drugs, or a terminal  471          

distributor of dangerous drugs under Chapter 4729. of the Revised  472          

Code;                                                              473          

      (16)  A person who is authorized to practice as a physician  475          

assistant under Chapter 4730. of the Revised Code;                 476          

      (17)  A person who has been issued a certificate to          478          

practice medicine and surgery, osteopathic medicine and surgery,   479          

a limited branch of medicine or surgery, or podiatry under         480          

Chapter 4731. of the Revised Code;                                 481          

      (18)  A person licensed as a psychologist or school          483          

psychologist under Chapter 4732. of the Revised Code;              484          

      (19)  A person registered to practice the profession of      486          

engineering or surveying under Chapter 4733. of the Revised Code;  487          

      (20)  A person who has been issued a certificate to          489          

practice chiropractic under Chapter 4734. of the Revised Code;     490          

      (21)  A person licensed to act as a real estate broker,      492          

real estate salesman, limited real estate broker, or limited real  493          

estate salesman under Chapter 4735. of the Revised Code;           494          

      (22)  A person registered as a registered sanitarian under   496          

                                                          12     

                                                                 
Chapter 4736. of the Revised Code;                                 497          

      (23)  A person licensed to operate or maintain a junkyard    499          

under Chapter 4737. of the Revised Code;                           500          

      (24)  A person who has been issued a motor vehicle salvage   502          

dealer's license under Chapter 4738. of the Revised Code;          503          

      (25)  A person who has been licensed to act as a steam       505          

engineer under Chapter 4739. of the Revised Code;                  506          

      (26)  A person who has been issued a license or temporary    508          

permit to practice veterinary medicine or any of its branches, or  509          

who is registered as a graduate animal technician under Chapter    510          

4741. of the Revised Code;                                         511          

      (27)  A person who has been issued a hearing aid dealer's    513          

or fitter's license or trainee permit under Chapter 4747. of the   514          

Revised Code;                                                      515          

      (28)  A person who has been issued a class A, class B, or    517          

class C license or who has been registered as an investigator or   518          

security guard employee under Chapter 4749. of the Revised Code;   519          

      (29)  A person licensed and registered to practice as a      521          

nursing home administrator under Chapter 4751. of the Revised      522          

Code;                                                              523          

      (30)  A person licensed to practice as a speech pathologist  525          

or audiologist under Chapter 4753. of the Revised Code;            526          

      (31)  A person issued a license as an occupational           528          

therapist or physical therapist under Chapter 4755. of the         529          

Revised Code;                                                      530          

      (32)  A person who is licensed as a professional clinical    532          

counselor or professional counselor, licensed as a social worker   533          

or independent social worker, or registered as a social work       534          

assistant under Chapter 4757. of the Revised Code;                 535          

      (33)  A person issued a license to practice dietetics under  537          

Chapter 4759. of the Revised Code;                                 538          

      (34)  A person who has been issued a license or temporary    540          

permit to practice respiratory therapy under Chapter 4761. of the  541          

Revised Code;                                                      542          

                                                          13     

                                                                 
      (35)  A person who has been issued a real estate appraiser   544          

certificate under Chapter 4763. of the Revised Code.               545          

      (X)  "Cocaine" means any of the following:                   547          

      (1)  A cocaine salt, isomer, or derivative, a salt of a      549          

cocaine isomer or derivative, or the base form of cocaine;         550          

      (2)  Coca leaves or a salt, compound, derivative, or         552          

preparation of coca leaves, including ecgonine, a salt, isomer,    553          

or derivative of ecgonine, or a salt of an isomer or derivative    554          

of ecgonine;                                                       555          

      (3)  A salt, compound, derivative, or preparation of a       557          

substance identified in division (X)(1) or (2) of this section     559          

that is chemically equivalent to or identical with any of those    560          

substances, except that the substances shall not include           561          

decocainized coca leaves or extraction of coca leaves if the       562          

extractions do not contain cocaine or ecgonine.                    563          

      (Y)  "L.S.D." means lysergic acid diethylamide.              566          

      (Z)  "Hashish" means the resin or a preparation of the       568          

resin contained in marihuana, whether in solid form or in a        569          

liquid concentrate, liquid extract, or liquid distillate form.     570          

      (AA)  "Marihuana" has the same meaning as in section         572          

3719.01 of the Revised Code, except that it does not include       574          

hashish.                                                                        

      (BB)  An offense is "committed in the vicinity of a          576          

juvenile" if the offender commits the offense within one hundred   578          

feet of a juvenile or within the view of a juvenile, regardless    579          

of whether the offender knows the age of the juvenile, whether     580          

the offender knows the offense is being committed within one       581          

hundred feet of or within view of the juvenile, or whether the     582          

juvenile actually views the commission of the offense.                          

      (CC)  "Presumption for a prison term" or "presumption that   584          

a prison term shall be imposed" means a presumption, as described  585          

in division (D) of section 2929.13 of the Revised Code, that a     586          

prison term is a necessary sanction for a felony in order to       587          

comply with the purposes and principles of sentencing under        588          

                                                          14     

                                                                 
section 2929.11 of the Revised Code.                                            

      (DD)  "Major drug offender" has the same meaning as in       590          

section 2929.01 of the Revised Code.                               591          

      (EE)  "Minor drug possession offense" means either of the    593          

following:                                                         594          

      (1)  A violation of section 2925.11 of the Revised Code as   596          

it existed prior to July 1, 1996;                                  597          

      (2)  A violation of section 2925.11 of the Revised Code as   599          

it exists on and after July 1, 1996, this that is a misdemeanor    600          

or a felony of the fifth degree.                                   601          

      (FF)  "Mandatory prison term" has the same meaning as in     604          

section 2929.01 of the Revised Code.                                            

      (GG)  "Crack cocaine" means a compound, mixture,             606          

preparation, or substance that is or contains any amount of        607          

cocaine that is analytically identified as the base form of        608          

cocaine or that is in a form that resembles rocks or pebbles       609          

generally intended for individual use.                                          

      Sec. 4701.01.  As used in this chapter:                      618          

      (A)  "Live permit" means a permit issued under section       620          

4701.10 of the Revised Code that is not suspended or revoked       621          

PRACTICE OF PUBLIC ACCOUNTING" MEANS PERFORMING OR OFFERING TO     623          

PERFORM ANY ENGAGEMENT THAT WILL RESULT IN THE ISSUANCE OF AN      624          

ATTEST REPORT, AND, WITH RESPECT TO A PERSON WHO HOLDS A CPA       625          

CERTIFICATE, PA REGISTRATION, FOREIGN CERTIFICATE, OR FIRM         627          

REGISTRATION, ANY OTHER SERVICES INVOLVING THE USE OF ACCOUNTING   628          

OR AUDITING SKILLS AS ESTABLISHED BY RULES ADOPTED BY THE          629          

ACCOUNTANCY BOARD.                                                              

      (B)  "Public accounting firm" means a sole proprietorship,   631          

a partnership, a limited liability company, a professional         632          

association, a corporation-for-profit, or any other legal entity   633          

BUSINESS ORGANIZATION that is permitted by the accountancy board   635          

to engage ENGAGED in the practice of public accounting in this     636          

state.                                                             637          

      (C)  "Opinion on a financial statement" means any opinion    639          

                                                          15     

                                                                 
expressed in accordance with generally accepted auditing           640          

standards as to the fairness of presentation of information used   641          

for guidance in financial transactions or for accounting or for    642          

assessing the status or performance of commercial and              643          

noncommercial enterprises, whether public, private, or             644          

governmental.                                                      645          

      (D)  "Quality PEER review" means a study, appraisal, or      647          

review of one or more aspects of the professional work of a        648          

public accounting firm that meets the standards and requirements   649          

set forth by the accountancy board.                                650          

      (E)  "Review report on a financial statement" means either   652          

of the following:                                                  653          

      (1)  Any review report issued with respect to any of the     655          

following:                                                         656          

      (a)  Interim financial information in accordance with        658          

generally accepted auditing standards;                             659          

      (b)  The financial information of a nonpublic entity in      661          

accordance with statements on standards for accounting and review  662          

services;                                                          663          

      (c)  The reliability of another party's written assertion    665          

in accordance with statements on standards for attestation         666          

engagements.                                                       667          

      (2)  Any other review report issued in accordance with       669          

standards promulgated by the American institute of certified       670          

public accountants.                                                671          

      (F)  "Compilation report on a financial statement" means     673          

any compilation report issued with respect to financial            674          

information of a nonpublic entity in accordance with statements    675          

on standards for accounting and review services as promulgated by  676          

the American institute of certified public accountants.            677          

      (G)  "Examination report on a financial statement" means     679          

any examination report issued with respect to another party's      680          

written assertion in accordance with statements on standards for   681          

attestation engagements as promulgated by the American institute   682          

                                                          16     

                                                                 
of certified public accountants.                                   683          

      (H)  "Agreed-upon procedures report on a financial           685          

statement" means any report based on agreed-upon procedures        686          

issued with respect to another party's written assertion in        687          

accordance with statements on standards for attestation            688          

engagements as promulgated by the American institute of certified  689          

public accountants.                                                690          

      (I)  "QUALIFIED FIRM" MEANS A PARTNERSHIP, PROFESSIONAL      693          

ASSOCIATION, CORPORATION-FOR-PROFIT, LIMITED LIABILITY COMPANY,    694          

OR ANY OTHER BUSINESS ORGANIZATION IN WHICH THE INDIVIDUALS WHO    695          

OWN A MAJORITY OF THE BUSINESS ORGANIZATION INTERESTS IN THE       697          

BUSINESS ORGANIZATION AND CONTROL THE BUSINESS ORGANIZATION HOLD                

AN OHIO PERMIT OR A FOREIGN PERMIT.                                699          

      (J)  "OWN" MEANS ANY DIRECT OR INDIRECT OWNERSHIP OF AN      702          

EQUITY INTEREST IN A PUBLIC ACCOUNTING FIRM OR QUALIFIED FIRM.     703          

      (K)  "CONTROL" OR "CONTROLLED" MEANS THE RIGHT TO EXERCISE   706          

THE MAJORITY OF THE VOTING EQUITY INTERESTS IN A PUBLIC            707          

ACCOUNTING FIRM WITH RESPECT TO ANY MATTER.                        708          

      (L)  "EQUITY INTEREST" MEANS ANY CAPITAL INTEREST OR PROFIT  711          

INTEREST IN A PARTNERSHIP, PROFESSIONAL ASSOCIATION,               712          

CORPORATION-FOR-PROFIT, LIMITED LIABILITY COMPANY, OR ANY OTHER    713          

BUSINESS ORGANIZATION.                                                          

      (M)  "OHIO PERMIT" MEANS A PERMIT TO PRACTICE PUBLIC         716          

ACCOUNTING ISSUED UNDER DIVISION (A) OF SECTION 4701.10 OF THE     718          

REVISED CODE THAT IS NOT REVOKED OR SUSPENDED.                     719          

      (N)  "FOREIGN PERMIT" MEANS A PERMIT TO PRACTICE PUBLIC      722          

ACCOUNTING ISSUED UNDER THE LAWS OF A STATE OTHER THAN OHIO OR     724          

UNDER THE LAWS OF A FOREIGN JURISDICTION.                                       

      (O)  "OHIO REGISTRATION" MEANS THE REGISTRATION OF A HOLDER  727          

OF A CPA CERTIFICATE OR PA CERTIFICATE WHO IS NOT IN THE PRACTICE  730          

OF PUBLIC ACCOUNTING UNDER DIVISION (B) OF SECTION 4701.10 OF THE  731          

REVISED CODE.                                                      732          

      (P)  "FIRM REGISTRATION" OR "REGISTERED FIRM" MEANS          735          

REGISTRATION AS A PUBLIC ACCOUNTING FIRM UNDER SECTION 4701.04 OF  736          

                                                          17     

                                                                 
THE REVISED CODE.                                                               

      (Q)  "PA REGISTRATION" MEANS REGISTRATION AS A PUBLIC        739          

ACCOUNTANT UNDER SECTION 4701.07 OF THE REVISED CODE THAT IS NOT   740          

REVOKED OR SUSPENDED.                                              741          

      (R)  "CPA CERTIFICATE" MEANS A CERTIFICATE ISSUED UNDER      744          

SECTION 4701.06 OR 4701.061 OF THE REVISED CODE THAT IS NOT        745          

REVOKED OR SUSPENDED.                                              746          

      (S)  "FOREIGN CERTIFICATE" MEANS A CERTIFICATE OF CERTIFIED  749          

PUBLIC ACCOUNTANT ISSUED UNDER THE LAWS OF A STATE OTHER THAN      751          

OHIO OR UNDER THE LAWS OF A FOREIGN JURISDICTION.                  752          

      (T)  "ATTEST REPORT" MEANS AN OPINION REPORT, REVIEW         755          

REPORT, COMPILATION REPORT, EXAMINATION REPORT, AGREED-UPON        756          

PROCEDURES REPORT, OR ANY SIMILAR REPORT PREPARED IN ACCORDANCE    757          

WITH STANDARDS ESTABLISHED BY THE AMERICAN INSTITUTE OF CERTIFIED  758          

PUBLIC ACCOUNTANTS WITH RESPECT TO A FINANCIAL STATEMENT OR OTHER  759          

FINANCIAL INFORMATION.                                             760          

      (U)  "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS     763          

TRUST, ESTATE, PARTNERSHIP, LIMITED LIABILITY COMPANY,             764          

PROFESSIONAL ASSOCIATION, AND ANY OTHER BUSINESS ORGANIZATION.     765          

      (V)  Technical terms that define specific public accounting  767          

engagements have the same meanings as in the professional          768          

standards promulgated by the American institute of certified       769          

public accountants.                                                770          

      (W) "GOOD MORAL CHARACTER" MEANS THE COMBINATION OF          772          

PERSONAL TRAITS OF HONESTY, INTEGRITY, ATTENTION TO DUTY,          773          

FORTHRIGHTNESS, AND SELF-RESTRAINT THAT ENABLES A PERSON TO        774          

DISCHARGE THE DUTIES OF THE ACCOUNTING PROFESSION FULLY AND        775          

FAITHFULLY.                                                        776          

      (1)  A HISTORY OF DISHONEST OR FELONIOUS ACTS OR             778          

CONVICTIONS IS SUFFICIENT TO PROVE LACK OF GOOD MORAL CHARACTER    779          

WHERE THAT HISTORY DEMONSTRATES BY A PREPONDERANCE OF THE          780          

EVIDENCE THAT THE PERSON LACKS ONE OR MORE SUCH PERSONAL TRAITS.   781          

A PERSON WHO HAS A FELONY CONVICTION RELATED TO ONE OR MORE SUCH   782          

PERSONAL TRAITS BEARS THE BURDEN OF ESTABLISHING THE PERSON'S      783          

                                                          18     

                                                                 
PRESENT GOOD MORAL CHARACTER, INCLUDING THE PERSON'S FULL AND      784          

COMPLETE REHABILITATION SUBSEQUENT TO THE CONVICTION.              785          

      (2)  IF LESS THAN ONE YEAR HAS PASSED SINCE THE COMPLETION   787          

OF THE PERSON'S SENTENCE ON A FELONY CONVICTION, INCLUDING ANY     788          

PROBATIONARY TERM, THE BOARD MAY DELAY ANY DETERMINATION OF THE    789          

PERSON'S GOOD MORAL CHARACTER UNTIL ONE YEAR HAS PASSED FROM THE   790          

TIME OF SUCH COMPLETION.                                           791          

      (3)  IN DETERMINING WHETHER A PERSON HAS MET THE PERSON'S    793          

BURDEN OF PROOF, THE FOLLOWING FACTORS MAY BE CONSIDERED BY THE    794          

BOARD:                                                                          

      (a)  THE PERSON'S PATH TOWARD PROFESSIONAL LICENSING         796          

FOLLOWING COMPLETION OF THE PERSON'S SENTENCE;                     797          

      (b)  THE NATURE AND DEGREE OF THE PERSON'S ACADEMIC          799          

ACHIEVEMENTS;                                                      800          

      (c)  THE NATURE AND DEGREE OF THE PERSON'S EMPLOYMENT        802          

FOLLOWING COMPLETION OF THE PERSON'S SENTENCE;                     803          

      (d)  THE PERSON'S DEGREE OF SELF-SUFFICIENCY FOLLOWING       805          

COMPLETION OF THE PERSON'S SENTENCE;                               806          

      (e)  THE NATURE AND DEGREE OF THE PERSON'S OTHER             808          

RESPONSIBILITIES FOLLOWING COMPLETION OF THE PERSON'S SENTENCE;    809          

      (f)  THE PERSON'S CONVICTION FOR ANY OTHER CRIMINAL OFFENSE  812          

SINCE COMPLETION OF THE PERSON'S SENTENCE FOR THE PERSON'S FIRST   813          

FELONY CONVICTION;                                                              

      (g)  WHETHER THE PERSON'S APPLICATION OR PRESENTATION        815          

CONTAINS ANY INCONSISTENCIES OR MISLEADING EXPLANATIONS THAT       816          

CONVINCE THE BOARD THAT EITHER THE PERSON OR THE PERSON'S          817          

ATTORNEY IS TRYING TO KEEP THE BOARD FROM ACQUIRING A TRUE,        818          

THOUGH DAMAGING, REPRESENTATION OF THE PERSON'S CHARACTER;         819          

      (h)  THE NATURE AND CIRCUMSTANCES OF THE DISHONEST OR        821          

FELONIOUS ACTS OR CONVICTIONS OF THE PERSON;                       822          

      (i)  ANY OTHER SPECIFICALLY IDENTIFIABLE INFORMATION THE     824          

BOARD DETERMINES TO BE RELEVANT TO THE PERSON'S ABILITY TO         825          

DISCHARGE THE DUTIES OF THE ACCOUNTING PROFESSION FULLY AND        826          

FAITHFULLY.                                                        827          

                                                          19     

                                                                 
      Sec. 4701.04.  (A)  No public accounting firm shall ENGAGE   837          

IN THE practice under the firm's name OF PUBLIC ACCOUNTING in      838          

this state unless it registers with the accountancy board and      839          

pays a registration fee set by the board.                          840          

      (B)  New public PUBLIC accounting firms shall apply for      842          

initial registration within ninety days of AFTER formation OR      843          

WITHIN NINETY DAYS OF THE COMMENCEMENT OF PRACTICING PUBLIC        844          

ACCOUNTING IN THIS STATE.  All public accounting firms shall       846          

renew their registration triennially.  All public accounting       847          

firms shall submit with their initial and renewal registration     848          

applications a ALL OF THE FOLLOWING:                                            

      (1)  A list of the names, addresses, and certificate         851          

numbers of all license holders INDIVIDUALS WHO HOLD AN OHIO        852          

PERMIT AND WHO OWN AN EQUITY INTEREST IN THE PUBLIC ACCOUNTING     853          

FIRM OR WHO ARE employed by them THE PUBLIC ACCOUNTING FIRM;       854          

      (2)  A LIST OF THE NAMES AND ADDRESSES OF EACH PERSON WHO    856          

DOES NOT HOLD AN OHIO PERMIT OR A FOREIGN PERMIT WHO OWNS AN       857          

EQUITY INTEREST IN THE PUBLIC ACCOUNTING FIRM IF THE PERSON'S      860          

PRINCIPAL PLACE OF BUSINESS IS LOCATED IN THIS STATE;              861          

      (3)  A STATEMENT THAT THE PUBLIC ACCOUNTING FIRM AND EACH    863          

PERSON WHO OWNS AN EQUITY INTEREST IN THE PUBLIC ACCOUNTING FIRM,  864          

OR IS EMPLOYED BY THE PUBLIC ACCOUNTING FIRM, AND DOES NOT HOLD    865          

AN OHIO PERMIT OR A FOREIGN PERMIT IS IN COMPLIANCE WITH           867          

DIVISIONS (C) AND (D) OF THIS SECTION.                             869          

      (C)  A PUBLIC ACCOUNTING FIRM SHALL SATISFY ALL OF THE       872          

FOLLOWING REQUIREMENTS IN ORDER TO REGISTER:                       873          

      (1)  EXCEPT AS PROVIDED IN DIVISION (C)(5) OF THIS SECTION,  876          

EACH PARTNER, SHAREHOLDER, MEMBER, OR OTHER PERSON WHO OWNS AN     877          

EQUITY INTEREST IN THE PUBLIC ACCOUNTING FIRM HOLDS AN OHIO        879          

PERMIT OR A FOREIGN PERMIT;                                                     

      (2)  THE CHIEF EXECUTIVE OF ANY OFFICE OF A PUBLIC           881          

ACCOUNTING FIRM LOCATED IN OR DOING BUSINESS IN THIS STATE HOLDS   882          

AN OHIO PERMIT OR A FOREIGN PERMIT;                                883          

      (3)  EACH INDIVIDUAL IN A PUBLIC ACCOUNTING FIRM WHO SIGNS   886          

                                                          20     

                                                                 
ANY ATTEST REPORT ISSUED FROM AN OFFICE LOCATED IN THIS STATE      887          

HOLDS AN OHIO PERMIT;                                              888          

      (4)  AN INDIVIDUAL WHO OWNS AN EQUITY INTEREST IN THE        890          

PUBLIC ACCOUNTING FIRM OR WHO IS EMPLOYED BY THE PUBLIC            891          

ACCOUNTING FIRM AND WHO HOLDS AN OHIO PERMIT OR A FOREIGN PERMIT,  892          

OR A QUALIFIED FIRM THAT OWNS AN EQUITY INTEREST IN THE PUBLIC     893          

ACCOUNTING FIRM, ASSUMES ULTIMATE RESPONSIBILITY FOR ANY ATTEST    895          

REPORT ISSUED FROM AN OFFICE OF THE PUBLIC ACCOUNTING FIRM         896          

LOCATED IN THIS STATE;                                                          

      (5)  ANY PERSON WHO DOES NOT HOLD AN OHIO PERMIT OR A        899          

FOREIGN PERMIT AND WHO HOLDS AN EQUITY INTEREST IN THE PUBLIC      901          

ACCOUNTING FIRM SATISFIES THE CONDITIONS SET FORTH IN DIVISION     902          

(D) OF THIS SECTION;                                                            

      (6)  THE PUBLIC ACCOUNTING FIRM PROVIDES FOR THE TRANSFER    904          

OF THE EQUITY INTEREST OWNED BY PERSONS WHO DO NOT HOLD AN OHIO    906          

PERMIT OR A FOREIGN PERMIT TO EITHER THE PUBLIC ACCOUNTING FIRM    907          

OR TO ANOTHER PERSON WHO OWNS AN EQUITY INTEREST IN THE FIRM IF A  908          

PERSON NOT HOLDING AN OHIO PERMIT OR A FOREIGN PERMIT WITHDRAWS    911          

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

PUBLIC ACCOUNTING FIRM MAY MAKE PAYMENTS IN CONNECTION WITH THE    914          

PERSON'S WITHDRAWAL FROM THE FIRM TO THAT PERSON OR, IF THAT       915          

PERSON IS DECEASED OR DISSOLVED, TO THE PERSON'S ESTATE OR         916          

SUCCESSOR IN INTEREST.                                                          

      (D)  A PERSON WHO DOES NOT HOLD AN OHIO PERMIT OR A FOREIGN  919          

PERMIT MAY OWN AN EQUITY INTEREST IN A PUBLIC ACCOUNTING FIRM IF   921          

ALL OF THE FOLLOWING CONDITIONS ARE MET:                           922          

      (1)  ALL OF THE INDIVIDUALS WHO HOLD AN OHIO PERMIT OR A     924          

FOREIGN PERMIT AND WHO OWN EQUITY INTERESTS IN THE PUBLIC          925          

ACCOUNTING FIRM, AND QUALIFIED FIRMS THAT OWN EQUITY INTERESTS IN  926          

THE PUBLIC ACCOUNTING FIRM, OWN, IN THE AGGREGATE, A MAJORITY OF   927          

THE EQUITY INTERESTS IN THE PUBLIC ACCOUNTING FIRM AND CONTROL     928          

THE PUBLIC ACCOUNTING FIRM;                                                     

      (2)  THE PERSON DOES NOT ASSUME OR USE ANY TITLES OR         931          

DESIGNATIONS SPECIFIED IN DIVISION (A) OF SECTION 4701.14 OF THE   932          

                                                          21     

                                                                 
REVISED CODE.  THE PERSON MAY DESIGNATE OR REFER TO THE PERSON AS  933          

A SHAREHOLDER, PARTNER, MEMBER, PRINCIPAL, OWNER, OR OFFICER OF    934          

THE PUBLIC ACCOUNTING FIRM, AND ALSO MAY USE ANY OTHER TITLE THAT  936          

THE BOARD BY RULE AUTHORIZES.                                      937          

      (3)  THE PERSON IS NOT IN VIOLATION OF ANY STANDARD          940          

REGARDING THE CHARACTER OR CONDUCT OF THAT PERSON AS ESTABLISHED   941          

BY THE BOARD BY RULE;                                                           

      (4)  THE PERSON'S PARTICIPATION IN THE BUSINESS OF THE       944          

PUBLIC ACCOUNTING FIRM IS THE PERSON'S PRINCIPAL OCCUPATION AND                 

CONSISTS OF PROVIDING SERVICES TO OR ON BEHALF OF THE PUBLIC       945          

ACCOUNTING FIRM, AND THE PERSON IS NOT FUNCTIONING SOLELY OR       947          

PREDOMINATELY AS A PASSIVE INVESTOR IN THE PUBLIC ACCOUNTING       948          

FIRM;                                                                           

      (5)  THE INDIVIDUAL HAS GRADUATED WITH A BACCALAUREATE OR    952          

HIGHER DEGREE CONFERRED BY A COLLEGE OR UNIVERSITY APPROVED BY     953          

THE BOARD;                                                                      

      (6)  THE INDIVIDUAL MEETS OR EXCEEDS THE CONTINUING          956          

EDUCATION REQUIREMENTS AS ESTABLISHED BY BOARD RULE;                            

      (7)  A PERSON WHO HOLDS A PROFESSIONAL LICENSE,              958          

REGISTRATION, OR CERTIFICATION ISSUED BY THIS STATE, ANOTHER       959          

STATE, OR A FOREIGN JURISDICTION COMPLIES WITH THE REQUIREMENTS    960          

OF THAT LICENSE, REGISTRATION, OR CERTIFICATION;                   961          

      (8)  THE INDIVIDUAL ABIDES BY THE CODE OF CONDUCT OF THE     964          

AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS OR A            965          

COMPARABLE CODE OF PROFESSIONAL CONDUCT THAT THE BOARD BY RULE     966          

ADOPTS;                                                                         

      (9)  THE PERSON COMPLIES WITH ALL APPLICABLE PROVISIONS OF   969          

THIS CHAPTER AND RULES ADOPTED BY THE BOARD.                       970          

      (C)(E)  A PERSON WHO OWNS A VOTING EQUITY INTEREST IN A      973          

PUBLIC ACCOUNTING FIRM MAY NOT DELEGATE, BY PROXY OR OTHERWISE,    974          

THE DUTY TO EXERCISE ANY VOTING RIGHTS TO A PERSON THAT DOES NOT   975          

HOLD AN OHIO PERMIT OR A FOREIGN PERMIT OR TO A PERSON THAT IS     976          

NOT A QUALIFIED FIRM.                                              977          

      (F)  As a condition for initial or renewal registration on   979          

                                                          22     

                                                                 
and after January 1, 1993, the board, by rule, shall require that  980          

all public accounting firms undergo a quality PEER review to       981          

determine the degree of compliance IN THE PRACTICE OF PUBLIC       983          

ACCOUNTING by the PUBLIC ACCOUNTING firm with generally accepted   985          

accounting principles and, GENERALLY ACCEPTED auditing standards,  987          

and other generally accepted technical standards, unless the       988          

applicant PUBLIC ACCOUNTING firm meets one of the exceptions in    990          

division (G)(J) of this section.                                                

      (D)(G)  The board shall adopt rules establishing guidelines  992          

for quality PEER reviews.  The rules shall do all of the           993          

following:                                                         994          

      (1)  Designate a quality PEER review committee consisting    996          

of accounting professionals to serve as advisors to the board and  997          

to ensure that the board's guidelines are followed.  The board     998          

shall MAY establish fair and reasonable compensation for the       999          

committee members to be paid for time they spend conducting        1,001        

committee business.                                                             

      (2)  Require that the quality PEER review be conducted by a  1,003        

reviewer that is both independent of the PUBLIC ACCOUNTING firm    1,004        

reviewed and qualified pursuant to board rules;                    1,006        

      (3)  Require that the standards and practices applied by     1,008        

the reviewer be at least as stringent as those applied by the      1,009        

American institute of certified public accountants;                1,010        

      (4)  Prohibit the use or disclosure of information obtained  1,012        

by members of the board of reviewers during or in connection with  1,013        

the quality PEER review process for purposes other than those      1,014        

related to determining the degree of compliance by the PUBLIC      1,016        

ACCOUNTING firm with generally accepted accounting principles      1,018        

and, GENERALLY ACCEPTED auditing standards, and other generally    1,020        

accepted technical standards.  Division (D)(G)(4) of this section  1,021        

does not apply to the use or disclosure of information that is     1,023        

described in division (H)(K)(3) of this section or that is         1,025        

necessary to comply with any provision of law.                                  

      (E)(H)(1)  If a quality PEER review report indicates that a  1,028        

                                                          23     

                                                                 
PUBLIC ACCOUNTING firm does not comply with standards and          1,030        

practices set forth in board guidelines, the board may, at its     1,031        

discretion, or shall, upon submission of a written application by  1,032        

the firm, MAY hold a hearing to determine whether the firm         1,033        

complies with the standards and practices.  If the board, after    1,034        

conducting the hearing, determines that the firm complies with     1,035        

the standards and practices, it shall issue an order requiring     1,036        

the reviewer and the quality review committee to take any          1,037        

necessary action to record and implement the board's               1,038        

determination and to restore the status of compliance upon the     1,039        

firm.  However, if REVIEW THE RESULTS OF THE PEER REVIEW REPORT.   1,040        

IF the board, after conducting the hearing, determines that the    1,041        

PUBLIC ACCOUNTING firm does not comply with the standards and      1,043        

practices, it may issue an order that requires both of the         1,044        

following:                                                                      

      (a)  Remedial OR DISCIPLINARY action, which may include:     1,046        

      (i)  Requiring employees of the PUBLIC ACCOUNTING firm to    1,048        

complete general or specific continuing professional education     1,050        

courses;                                                                        

      (ii)  Requiring the PUBLIC ACCOUNTING firm to undergo        1,052        

quality PEER review more frequently than triennially and           1,055        

conducted in whole or part under the direct supervision of the     1,056        

board or its designee;                                                          

      (iii)  Any other remedial action specified by the board;     1,058        

      (iv)  IMPOSING ANY DISCIPLINARY MEASURES SET FORTH IN        1,060        

DIVISION (B) OF SECTION 4701.16 OF THE REVISED CODE.               1,061        

      (b)  An affidavit from the PUBLIC ACCOUNTING firm submitted  1,063        

within the time specified by the board indicating completion of    1,065        

required remedial actions.                                         1,066        

      (2)  Notwithstanding divisions (H)(K)(1) and (2) of this     1,068        

section, all matters relating to the procedures for determining    1,069        

compliance with the standards and practices under division         1,071        

(E)(H)(1) of this section are subject to Chapter 119. of the       1,072        

Revised Code, including the notice and conduct of any hearing,     1,073        

                                                          24     

                                                                 
and the issuance and appeal of any order.                          1,074        

      (F)(I)  The PUBLIC ACCOUNTING firm reviewed shall pay for    1,077        

any quality PEER review performed.                                 1,078        

      (G)(J)  The board may exempt a PUBLIC ACCOUNTING firm from   1,081        

the requirement to undergo a quality PEER review if the PUBLIC     1,082        

ACCOUNTING firm submits to the board a written and notarized       1,085        

statement that the PUBLIC ACCOUNTING firm meets at least one of    1,087        

the following grounds for exemption identified in the statement:   1,088        

      (1)  Within three years of the date of application for       1,090        

initial or renewal registration, the PUBLIC ACCOUNTING firm has    1,091        

been subject to a quality PEER review acceptable to the board and  1,093        

conducted pursuant to standards not less stringent than review     1,095        

standards applied by the American institute of certified public    1,096        

accountants.  The PUBLIC ACCOUNTING firm shall submit to the       1,098        

board a copy of the results of the quality PEER review and any     1,100        

additional documentation required by the board. The board,         1,101        

however, shall not require submittal of the working papers         1,102        

related to the quality PEER review process.                                     

      (2)  Within three years of the date of application for       1,104        

initial or renewal registration, the PUBLIC ACCOUNTING firm has    1,105        

undergone a quality PEER review conducted in another state or      1,107        

foreign country.  The PUBLIC ACCOUNTING firm shall submit to the   1,109        

board a copy of the results of the quality PEER review and any     1,111        

additional documentation required by the board, including a        1,112        

detailed report of the procedures and standards applied by the     1,113        

reviewer.                                                                       

      (3)  The PUBLIC ACCOUNTING firm has never practiced public   1,115        

accounting in this state or any other state or foreign country     1,117        

and will undergo a quality PEER review within eighteen months of   1,118        

registration.                                                                   

      (4)  The PUBLIC ACCOUNTING firm, on a schedule as required   1,120        

by rule adopted by the board, submits a report to the board that   1,121        

states all of the following:                                       1,122        

      (a)  The PUBLIC ACCOUNTING firm does not engage in any       1,124        

                                                          25     

                                                                 
financial reporting areas of practice including audits,            1,126        

compilations, or reviews UNDERTAKE ANY ENGAGEMENT THAT WILL        1,127        

RESULT IN THE ISSUANCE OF AN ATTEST REPORT.                                     

      (b)  Within the next three years, the PUBLIC ACCOUNTING      1,129        

firm does not intend to engage in any financial reporting areas    1,131        

of practice including audits, compilations, reviews, or            1,132        

prospective financial statements UNDERTAKE ANY ENGAGEMENT THAT     1,133        

WILL RESULT IN THE ISSUANCE OF ANY ATTEST REPORT.                  1,134        

      (c)  The PUBLIC ACCOUNTING firm agrees to notify the board   1,136        

within ninety days of engaging in any financial reporting areas    1,138        

of practice including audits, compilations, or reviews AFTER       1,139        

ACCEPTING ANY ENGAGEMENT THAT WILL RESULT IN THE ISSUANCE OF ANY   1,140        

ATTEST REPORT, and will undergo a quality PEER review within one   1,143        

year of commencing such practices THE ACCEPTANCE OF SUCH AN        1,145        

ENGAGEMENT.                                                                     

      (5)  Subject to the board's approval, for reasons of         1,147        

personal health, military service, or other good cause, the        1,148        

PUBLIC ACCOUNTING firm is entitled to an exemption.                1,150        

      (H)(K)  In any civil action, arbitration, or administrative  1,152        

proceeding involving a PUBLIC ACCOUNTING firm, all of the          1,153        

following shall apply:                                             1,154        

      (1)  The proceedings, records, and work papers of any        1,156        

reviewer, including board members and review committee members,    1,157        

involved in the quality PEER review process are privileged and     1,158        

not subject to discovery, subpoena, or other means of legal        1,160        

process and may not be introduced into evidence.                   1,161        

      (2)  No reviewer, including board members and review         1,163        

committee members, involved in the quality PEER review process     1,164        

shall be permitted or required to testify as to any matters        1,166        

produced, presented, disclosed, or discussed during or in          1,167        

connection with the quality PEER review process; or be required    1,168        

to testify to any finding, recommendation, evaluation, opinion,    1,170        

or other actions of such committees, or their members.             1,171        

      (3)  No privilege exists under this section for either of    1,173        

                                                          26     

                                                                 
the following:                                                     1,174        

      (a)  Information presented or considered in the quality      1,176        

PEER review process which was otherwise available to the public;   1,177        

      (b)  Materials prepared in connection with a particular      1,179        

engagement merely because they subsequently are presented or       1,180        

considered as part of the quality PEER review process.             1,181        

      (I)(L)  If a quality PEER review report indicates that a     1,184        

PUBLIC ACCOUNTING firm complies with standards and practices set   1,186        

forth in board guidelines, the board shall destroy all documents   1,187        

and reports related to the quality PEER review within thirty days  1,188        

after the board completes its review of the report.  If a quality  1,190        

PEER review report indicates that a PUBLIC ACCOUNTING firm does    1,192        

not comply with such standards and practices, the board shall      1,194        

retain all documents and reports related to the quality PEER       1,195        

review until completion of the next quality PEER review.           1,196        

      Sec. 4701.06.  The certificate of "certified public          1,205        

accountant" shall be granted by the accountancy board to any       1,206        

person:                                                            1,207        

      (A)  Who is a resident of this state or has a place of       1,209        

business therein IN THIS STATE or, as an employee, is regularly    1,210        

employed therein IN THIS STATE.  The board may by rule determine   1,212        

circumstances under which the residency requirement may be         1,214        

waived.                                                                         

      (B)  Who has attained the age of eighteen years;             1,216        

      (C)  Who is of good moral character;                         1,218        

      (D)  Who meets the requirements of education and experience  1,220        

as provided in this division:                                      1,221        

      (1)(a)  Prior to January 1, 2000, graduation with a          1,223        

baccalaureate degree conferred by a college or university          1,224        

recognized by the board, with a concentration in accounting that   1,225        

includes related courses in other areas of business                1,226        

administration, or what the board determines to be substantially   1,227        

the equivalent of the foregoing;                                   1,228        

      (b)  On and after January 1, 2000, graduation with a         1,230        

                                                          27     

                                                                 
baccalaureate or higher degree that includes successful            1,231        

completion of one hundred fifty semester hours of undergraduate    1,232        

or graduate education.  The board shall by rule SHALL specify      1,233        

graduate degrees that satisfy this requirement and shall also by   1,235        

rule require such subjects as it considers appropriate.  The       1,236        

total educational program shall include an accounting              1,237        

concentration with related courses in other areas of business      1,238        

administration, as defined by board rule.                          1,239        

      (2)(a)  The experience requirement for candidates meeting    1,241        

the educational requirements set forth in division (D)(1)(a) or    1,242        

(b) of this section is two years ONE YEAR of public accounting     1,244        

experience, satisfactory to the board, in any state in practice,   1,245        

as a certified public accountant or as a public accountant, or,    1,246        

in any state in employment, as a staff accountant by anyone        1,247        

practicing public accounting, or such experience in private or     1,248        

governmental accounting as is, in the opinion of the board, the    1,249        

equivalent of such public accounting practice, or any combination  1,250        

of such types of experience.                                       1,252        

      (b)  The experience requirement is only one year of the      1,254        

experience described in division (D)(2)(a) of this section for     1,255        

any candidate holding a master's degree in accounting or business  1,256        

administration from a college or university recognized by the      1,257        

board, if he has satisfactorily completed such number of semester  1,260        

hours in graduate accounting and such related subjects as the                   

board determines to be appropriate ANY OF THE FOLLOWING:           1,261        

      (i)  A PUBLIC ACCOUNTING FIRM;                               1,263        

      (ii)  GOVERNMENT;                                            1,265        

      (iii)  BUSINESS;                                             1,267        

      (iv)  ACADEMIA.                                              1,269        

      (c)(b)  Except as provided in division (D)(2)(d)(c) of this  1,272        

section, the experience requirement for any candidate who, on and  1,273        

after January 1, 2000, does not meet the educational requirement   1,274        

set forth in division (D)(1)(b) of this section is four years of   1,275        

experience described in division (D)(2)(a) of this section.  The   1,276        

                                                          28     

                                                                 
experience requirement for any candidate who, prior to January 1,  1,277        

2000, does not meet the educational requirement set forth in       1,278        

division (D)(1)(a) of this section is two years of experience      1,279        

described in division (D)(2)(a) of this section.                   1,280        

      (d)(c)  On and after January 1, 2000, the experience         1,282        

requirement for any candidate who, subsequent to obtaining a       1,283        

baccalaureate or higher degree, other than a baccalaureate or      1,284        

higher degree described in division (D)(1)(b) of this section,     1,285        

successfully completes coursework that meets the educational       1,286        

requirement set forth in division (D)(1)(b) of this section, is    1,287        

two years of experience described in division (D)(2)(a) of this    1,288        

section.                                                           1,289        

      (E)  Who has passed a written examination in accounting and  1,291        

auditing and in such related subjects as the board determines to   1,292        

be appropriate.  The board shall adopt rules, consistent with      1,293        

this section, for these examinations and for application to take   1,294        

these examinations.                                                1,295        

      None of the educational requirements specified in division   1,297        

(D) of this section apply to a candidate who is registered as a    1,298        

public accountant under section 4701.07 of the Revised Code, but   1,299        

the experience requirement for such THE candidate who does not     1,300        

meet such THOSE educational requirements is four years of the      1,302        

experience described in division (D)(2)(a) of this section.        1,304        

      Prior to January 1, 2000, the board shall waive the          1,306        

educational requirement set forth in division (D)(1)(a) of this    1,307        

section for any candidate if it finds that the candidate has       1,308        

attained the equivalent education by attendance at a business      1,309        

school, by self-study, or otherwise, and if it is satisfied from   1,310        

the results of special written examinations given the candidate    1,311        

by the board to test his THE CANDIDATE'S educational               1,312        

qualifications that he THE CANDIDATE is as well equipped,          1,313        

educationally, as if he THE CANDIDATE met the applicable           1,314        

educational requirement specified in division (D)(1)(a) of this    1,315        

section.                                                                        

                                                          29     

                                                                 
      On and after January 1, 2000, the board shall waive the      1,317        

educational requirement set forth in division (D)(1)(b) of this    1,318        

section for any candidate if the board finds that the candidate    1,319        

has obtained from an accredited college or university approved by  1,320        

the board, either an associate degree or a baccalaureate degree,   1,321        

other than a baccalaureate degree described in division (D)(1)(b)  1,322        

of this section, with a concentration in accounting that includes  1,323        

related courses in other areas of business administration, and if  1,324        

the board is satisfied from the results of special written         1,325        

examinations given the candidate by the board to test his THE      1,326        

CANDIDATE'S educational qualification that the candidate is as     1,327        

well equipped, educationally, as if he THE CANDIDATE met the       1,329        

applicable educational requirement specified in division           1,330        

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

      The board shall provide by rule for the general scope of     1,332        

any special written examinations for a waiver of the educational   1,333        

requirements under division (D)(1)(a) or (b) of this section, and  1,334        

may obtain such advice and assistance as it considers appropriate  1,335        

to assist it in preparing and grading such THOSE special written   1,336        

examinations.  The board may use any existing examinations or may  1,337        

prepare any number of new examinations to assist in determining    1,338        

the equivalent training of a candidate.  The board shall by rule   1,339        

SHALL prescribe any special written examinations for a waiver of   1,340        

the educational requirements under division (D)(1)(a) or (b) of    1,341        

this section and the passing score required for each examination.  1,342        

      The examinations described in division (E) of this section   1,344        

and the special written examinations for a waiver of the           1,345        

educational requirements under division (D)(1)(a) or (b) of this   1,346        

section shall be held by the board and shall take place as often   1,347        

as the board determines to be desirable, but the examinations      1,348        

described in division (E) of this section shall be held not less   1,349        

frequently than once each year.  The board may make such THE use   1,350        

of all or any part of the uniform certified public accountants'    1,352        

examination and advisory grading service, or either, as it         1,353        

                                                          30     

                                                                 
considers appropriate to assist it in performing its duties        1,354        

hereunder UNDER THIS SECTION.  The board may also contract with    1,355        

qualified organizations for assistance in the administration of    1,357        

any examinations.  The board by rule may provide for granting      1,358        

credit to a candidate for his satisfactory completion of a         1,359        

written examination in one or more of the subjects specified in    1,360        

division (E) of this section given by the licensing authority in   1,361        

any other state.                                                   1,362        

      A candidate who has met the educational requirements, or     1,364        

with respect to whom they either do not apply or have been         1,365        

waived, is eligible to take the examination specified in division  1,366        

(E) of this section without waiting until he THE CANDIDATE meets   1,367        

the experience requirements, provided he THE CANDIDATE also meets  1,369        

the requirements of divisions (A) and (C) of this section.         1,370        

      A candidate for the certificate of certified public          1,372        

accountant who has successfully completed the examination under    1,373        

division (E) of this section has no status as a certified public   1,374        

accountant, unless and until he THE CANDIDATE has the requisite    1,375        

experience and has received his A certificate as a certified       1,376        

public accountant.  The board shall determine and charge a fee     1,377        

for issuing the certificate that is adequate to cover the          1,378        

expense.                                                                        

      The board may by rule MAY prescribe the terms and            1,380        

conditions under which a candidate who passes the examination in   1,381        

one or more of the subjects indicated in division (E) of this      1,382        

section may be reexamined in only the remaining subjects, with     1,383        

credit for the subjects previously passed.  It may also MAY        1,384        

provide by rule for a reasonable waiting period for a candidate's  1,386        

reexamination in a subject he THE CANDIDATE has failed.  Subject   1,387        

to the foregoing and such ANY other rules as THAT the board may    1,388        

adopt governing reexaminations, a candidate is entitled to any     1,390        

number of reexaminations under division (E) of this section.  No   1,391        

candidate shall be required to be reexamined in all subjects       1,392        

unless a period of four years has elapsed since the candidate      1,393        

                                                          31     

                                                                 
initially earned credit on the examination.                        1,394        

      The applicable educational and experience requirements       1,396        

under division (D) of this section shall be those in effect on     1,397        

the date on which the candidate first sits for the examination.    1,398        

      The board shall charge such candidate a reasonable fee, to   1,400        

be determined by the board, that is adequate to cover all          1,401        

rentals, compensation for proctors, and other administrative       1,402        

expenses of the board related to examination or reexamination,     1,403        

including the expenses of procuring and grading the examination    1,404        

provided for in division (E) of this section and for any special   1,405        

written examinations for a waiver of the educational requirements  1,406        

under division (D)(1)(a) or (b) of this section.  Fees for         1,407        

reexamination under division (E) of this section shall be charged  1,408        

by the board in amounts determined by it.  The applicable fees     1,409        

shall be paid by the candidate at the time he THE CANDIDATE        1,410        

applies for examination or reexamination.                          1,411        

      Any person who has received from the board a certificate as  1,413        

a certified public accountant and who holds a AN OHIO permit       1,415        

issued under section 4701.10 of the Revised Code, which is in      1,416        

full force and effect, shall be styled and known as a "certified   1,417        

public accountant" and may also MAY use the abbreviation "CPA."    1,419        

The board shall maintain a list of certified public accountants.   1,420        

Any certified public accountant may also MAY be known as a         1,421        

"public accountant."                                               1,422        

      Persons who, on the effective date of an amendment of this   1,424        

section, held certified public accountant certificates             1,425        

theretofore issued under the laws of this state shall not be       1,426        

required to obtain additional certificates under this section,     1,427        

but shall otherwise be subject to all provisions of this section;  1,428        

and such THOSE certificates theretofore issued shall, for all      1,430        

purposes, SHALL be considered certificates issued under this       1,431        

section and subject to the ITS provisions hereof.                  1,432        

      The board may waive the examination under division (E) of    1,434        

this section, and upon payment of a fee determined by it may       1,435        

                                                          32     

                                                                 
issue a certificate as a "certified public accountant" to any      1,436        

person possessing the qualifications specified in divisions (A),   1,437        

(B), and (C) of this section and what the board determines to be   1,438        

substantially the equivalent of the applicable qualifications      1,439        

under division (D) of this section, who is the holder of a         1,440        

certificate as a certified public accountant, then in full force   1,441        

and effect, issued under the laws of any state, or is the holder   1,442        

of a certificate, license, or degree in a foreign country          1,443        

constituting a recognized qualification for the practice of        1,444        

public accounting in such country, comparable to that of a         1,445        

certified public accountant of this state, which is then in full   1,446        

force and effect.                                                  1,447        

      Sec. 4701.061.  Notwithstanding anything to the contrary in  1,456        

section 4701.06 of the Revised Code, the certificate of            1,457        

"certified public accountant" shall be granted by the accountancy  1,458        

board to any public accountant who meets all the following         1,459        

requirements:                                                      1,460        

      (A)  The public accountant applies to the board for the      1,462        

certificate under this section;                                    1,463        

      (B)  At the time of application and the time that the        1,465        

certificate is granted, the public accountant holds a live AN      1,467        

OHIO permit issued under division (A) of section 4701.10 of the    1,468        

Revised Code;                                                                   

      (C)  At the time of application, any public accounting firm  1,470        

that employs the public accountant or in which the public          1,471        

accountant has an interest is registered, and meets the            1,472        

applicable quality PEER review requirements of the board, under    1,473        

section 4701.04 of the Revised Code;                               1,474        

      (D)  For not less than one hundred twenty months, the        1,476        

public accountant has held a AN OHIO permit issued under division  1,478        

(A) of section 4701.10 of the Revised Code and has completed and   1,479        

reported to the board all applicable continuing education hours    1,480        

required by section 4701.11 of the Revised Code and the rules      1,481        

adopted pursuant thereto.                                          1,482        

                                                          33     

                                                                 
      Sec. 4701.07.  The accountancy board shall register as a     1,491        

public accountant any person who meets all the following           1,492        

requirements:                                                      1,493        

      (A)  Is a resident of this state, or has a place of          1,495        

business therein;                                                  1,496        

      (B)  Has attained the age of eighteen years;                 1,498        

      (C)  Is of good moral character;                             1,500        

      (D)  Holds a baccalaureate or higher degree conferred by a   1,502        

college or university recognized by the board, with a              1,503        

concentration in accounting, or with what the board determines to  1,504        

be substantially THE equivalent of the foregoing; or with a        1,505        

nonaccounting concentration supplemented by what the board         1,506        

determines to be substantially the equivalent of an accounting     1,507        

concentration, including related courses in other areas of         1,508        

business administration.                                           1,509        

      The board may waive the educational requirement for any      1,511        

candidate if it finds that the candidate has attained the          1,512        

equivalent education by attendance at a business school or         1,513        

two-year college, by self-study, or otherwise, and if it is        1,514        

satisfied from the result of a special written examination given   1,515        

the candidate by the board to test his THE CANDIDATE'S             1,516        

educational qualifications that he THE CANDIDATE is as well        1,517        

equipped, educationally, as if he THE CANDIDATE met the            1,518        

applicable educational requirement specified in this division.     1,519        

The board may provide by rule for the general scope of such THESE  1,520        

examinations and may obtain such advice and assistance as it       1,521        

considers appropriate to assist it in preparing and grading such   1,522        

THE special examinations.  The board may use any existing          1,524        

examinations or may prepare any number of new examinations to      1,525        

assist it in determining the equivalent training of a candidate.   1,526        

The board may by rule MAY prescribe such examinations and the      1,527        

passing score required for each examination.                       1,529        

      (E)  Has completed two years of public accounting            1,531        

experience, satisfactory to the board, in any state in practice    1,532        

                                                          34     

                                                                 
as a public accountant, or in any state in employment, as a staff  1,533        

accountant by anyone practicing public accounting, or such         1,534        

experience in private or governmental accounting as will, in the   1,535        

opinion of the board, WILL be the equivalent of such public        1,536        

accounting practice, or any combination of such types of           1,537        

experience, except that the experience requirement is only one     1,538        

year of the experience described in this division for any          1,539        

candidate holding a master's degree in accounting or business      1,540        

administration from a college or university recognized by the      1,541        

board, if he THE CANDIDATE has satisfactorily completed such THE   1,542        

number of credit hours in accounting, business administration,     1,544        

economics, and such related subjects as the board determines to    1,545        

be appropriate; and                                                             

      (1)  Has passed the uniform national society of public       1,547        

accountants examination or a comparable examination approved by    1,548        

the public accountant members of the accountancy board; or         1,549        

      (2)  Has passed the accounting practice and auditing         1,551        

sections of the uniform CPA examination.                           1,552        

      The examination described in division (E)(1) of this         1,554        

section shall be held by the board and shall take place as often   1,555        

as the board determines, but shall not be held less frequently     1,556        

than once each year.  The board shall charge a candidate an        1,557        

application fee, to be determined by the board, that is adequate   1,558        

to cover all rentals, compensation for proctors, and other         1,559        

expenses of the board related to examination or reexamination      1,560        

except the expenses of procuring and grading the examination.  In  1,561        

addition, the board shall charge such candidate an examination     1,562        

fee to be determined by the board, that is adequate to cover the   1,563        

expense of procuring and grading the examination.  Fees for        1,564        

reexamination under division (E) of this section shall also SHALL  1,566        

be charged by the board in amounts determined by it to be          1,567        

adequate to cover the expenses of procuring and grading the        1,568        

examinations.  The applicable fees shall be paid by the candidate  1,569        

at the time he THE CANDIDATE applies for examination or            1,570        

                                                          35     

                                                                 
reexamination.                                                                  

      (F)  Applied, on or before the effective date of this        1,572        

amendment APRIL 16, 1993, for registration as a public             1,574        

accountant.                                                                     

      The board shall determine and charge a fee for registration  1,576        

under this section that is adequate to cover the expense.          1,577        

      The board shall in each case SHALL determine whether the     1,579        

applicant is eligible for registration.  Any individual who is so  1,580        

registered and who holds a AN OHIO permit issued under section     1,582        

4701.10 of the Revised Code shall be styled and known as a         1,583        

"public accountant" and may use the abbreviation "PA."             1,584        

      A person who, on the effective date of an amendment of this  1,586        

section, holds a valid registration as a public accountant issued  1,587        

under the laws of this state shall not be required to obtain       1,588        

additional registration under this section, but shall otherwise    1,589        

be subject to all provisions of this section; and such THAT        1,591        

registration shall, for all purposes, SHALL be considered a        1,592        

registration issued under this section and subject to the ITS      1,594        

provisions hereof.                                                              

      Sec. 4701.10.  (A)  Permits to practice public accounting    1,604        

shall be issued by the THE accountancy board SHALL ISSUE OHIO      1,605        

PERMITS TO PRACTICE PUBLIC ACCOUNTING to holders of the            1,607        

certificate of certified public accountant issued under section    1,608        

4701.06 or 4701.061 of the Revised Code and to persons registered  1,609        

under sections 4701.07 and 4701.09 of the Revised Code.  Subject   1,610        

to division (D)(1) of this section, there shall be a triennial     1,611        

OHIO permit fee in an amount to be determined by the board not to  1,613        

exceed one hundred fifty dollars.  All OHIO permits shall expire   1,615        

on the last day of December of the year assigned by the board      1,616        

and, subject to division (D)(1) of this section, shall be renewed  1,617        

triennially for a period of three years by certificate holders     1,618        

and registrants in good standing upon payment of a triennial       1,619        

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

purpose of implementing this section and enforcing section         1,621        

                                                          36     

                                                                 
4701.11 of the Revised Code, the board may issue a AN OHIO permit  1,622        

for less than three years' duration.  A prorated fee shall be      1,623        

determined by the board for such THAT OHIO permit.  Renewal of     1,625        

OHIO permits shall be according to the standard renewal procedure  1,626        

of sections 4745.01 to 4745.03 of the Revised Code.  Failure of    1,627        

any certificate holder or registrant to apply for a triennial      1,628        

OHIO permit to practice within three years from the expiration     1,630        

date of the OHIO permit to practice last obtained or renewed, or   1,631        

three years from the date upon which the certificate holder or     1,633        

registrant was granted his A certificate or registration, shall    1,634        

result in suspension of such certificate or registration unless    1,635        

the board determines such failure to have been due to excusable    1,636        

neglect.  In such THAT case, the renewal fee or the fee for the    1,638        

issuance of the original OHIO permit, as the case may be, shall    1,639        

be such amount as the board shall determine, but not in excess of  1,641        

fifty dollars plus the fee for each triennial period or part of a  1,642        

period the certificate holder or registrant did not have a AN      1,643        

OHIO permit.                                                       1,644        

      (B)  All certificate holders and registrants who are not in  1,646        

the practice of public accounting in this state shall register     1,647        

with the board every three years at a fee, not to exceed           1,648        

fifty-five dollars, established by the board.  Such persons shall  1,649        

not convey to the general public that they are actively engaged    1,650        

in the practice of public accounting in this state.                1,651        

      (C)  The board shall suspend the certificate or              1,653        

registration of any person failing to obtain a AN OHIO permit in   1,655        

accordance with this section except that the board may by rule     1,656        

MAY exempt persons from the requirement of holding a AN OHIO       1,659        

permit for such reasons as retirement, health reasons, military    1,660        

service, foreign residency, or other just cause.                   1,661        

      (D)(1)  On and after January 1, 1995, the board shall, by    1,663        

rule adopted in accordance with Chapter 119. of the Revised Code,  1,664        

SHALL increase the triennial OHIO permit and renewal fee imposed   1,666        

pursuant to this section by at least fifteen dollars but no more   1,667        

                                                          37     

                                                                 
than thirty dollars.                                               1,668        

      (2)  Beginning with the first quarter of 1995 and each       1,670        

quarter thereafter, the board, for the purpose provided in         1,671        

section 4743.05 of the Revised Code, shall certify to the          1,672        

director of budget and management the number of triennial OHIO     1,673        

permits renewed under this chapter during the preceding quarter    1,675        

and the amount equal to that number times the amount by which the  1,676        

triennial OHIO permit and renewal fee is increased by the board    1,678        

under division (D)(1) of this section.                             1,679        

      Sec. 4701.11.  The accountancy board may adopt rules         1,688        

requiring that each applicant for the OHIO permit required by      1,689        

section 4701.10 of the Revised Code shall have demonstrated to     1,691        

the satisfaction of the board that the applicant has maintained a  1,692        

high level of professional competence by the completion of         1,693        

programs of continuing education satisfactory to the board during  1,694        

the period immediately prior to the application for the permit or  1,695        

renewal.  The board shall not require more than one hundred        1,696        

twenty hours of such programs over any three-year period for       1,697        

applicants possessing a live AN OHIO permit.  For purposes of      1,699        

this section, the board shall not approve any continuing           1,700        

education courses for which fees are charged and which are         1,701        

sponsored by an accounting association in this state unless such   1,702        

courses are open to all persons registered or certified under      1,703        

this chapter and unless the fees charged are reasonable for all    1,704        

persons desiring to take the courses.                              1,705        

      The board may issue a AN OHIO permit required by section     1,708        

4701.10 of the Revised Code for less than three years to any       1,709        

person who is unable to complete continuing education hours        1,710        

required for renewal of a triennial OHIO permit for good cause,    1,711        

as established by rule.  Such THE OHIO permit shall be             1,713        

conditioned upon the completion of all required continuing         1,715        

education hours during the period for which such THE OHIO permit   1,716        

is issued.                                                                      

      Sec. 4701.12.  The display or uttering by a person of a      1,725        

                                                          38     

                                                                 
card, sign, advertisement, or other printed, engraved, or written  1,726        

instrument or device, bearing a person's name in conjunction with  1,728        

the words "certified public accountant" or any abbreviation        1,729        

thereof, or "public accountant" or any abbreviation thereof shall  1,730        

be prima-facie evidence in any action brought under section        1,732        

4701.18 or section 4701.99 of the Revised Code, that the person                 

whose name is so displayed caused or procured the display or       1,733        

uttering of such THAT card, sign, advertisement, or other          1,735        

printed, engraved, or written instrument or device, and that such  1,737        

THE person is holding himself SELF out to be a certified public    1,739        

accountant or a public accountant holding a AN OHIO permit to      1,740        

practice under section 4701.10 of the Revised Code.  In any        1,741        

action, evidence of the commission of a single act prohibited by   1,742        

this section shall be sufficient to justify an injunction or a     1,743        

conviction without evidence of a general course of conduct.        1,744        

      Sec. 4701.13.  The accountancy board shall publish annually  1,753        

a printed register, which shall contain in separate lists the      1,755        

names and business addresses of all certified public accountants   1,756        

and public accountants holding live OHIO permits as of the date    1,758        

of preparation of the register.                                                 

      Sec. 4701.14.  (A)  No person EXCEPT AS PERMITTED BY RULES   1,767        

ADOPTED BY THE ACCOUNTANCY BOARD, NO INDIVIDUAL shall assume or    1,768        

use the title or designation "certified public accountant,"        1,770        

"CERTIFIED ACCOUNTANT," "CHARTERED ACCOUNTANT," "ENROLLED                       

ACCOUNTANT," "LICENSED ACCOUNTANT," "REGISTERED ACCOUNTANT," OR    1,771        

ANY OTHER TITLE OR DESIGNATION LIKELY TO BE CONFUSED WITH          1,772        

"CERTIFIED PUBLIC ACCOUNTANT," or abbreviation ANY OF THE          1,775        

ABBREVIATIONS "CPA," "PA," "CA," "EA," "LA," OR "RA," OR SIMILAR   1,781        

ABBREVIATIONS LIKELY TO BE CONFUSED WITH "CPA," or any other       1,783        

title, designation, words, letters, abbreviation, sign, card, or   1,784        

device tending to indicate that the person INDIVIDUAL is a         1,785        

certified public accountant, unless the person has received        1,787        

INDIVIDUAL HOLDS a CPA certificate as a certified public           1,788        

accountant under section 4701.06 or 4701.061 of the Revised Code   1,789        

                                                          39     

                                                                 
and holds a live AN OHIO permit issued under section 4701.10 of    1,791        

the Revised Code; provided that a foreign accountant who.          1,793        

HOWEVER, AN INDIVIDUAL WHO POSSESSES A FOREIGN CPA CERTIFICATE,    1,794        

has registered under section 4701.09 of the Revised Code, and      1,796        

holds a live AN OHIO permit issued under section 4701.10 of the    1,797        

Revised Code may use the title PERMITTED under which he is         1,798        

generally known in his country THE LAWS OF THE INDIVIDUAL'S OTHER  1,800        

LICENSING JURISDICTION, followed by the name of the country from   1,802        

which he received his certificate, license, or degree              1,804        

JURISDICTION.                                                                   

      (B)  No partnership shall assume or use the title or         1,806        

designation "certified public accountant" or abbreviation "CPA"    1,808        

or any other title, designation, words, letters, abbreviation,     1,809        

sign, card, or device tending to indicate that the partnership is  1,811        

composed of certified public accountants unless it meets all of                 

the following requirements:                                        1,812        

      (1)  At least one general partner of the partnership is a    1,814        

certified public accountant of this state in good standing.        1,815        

      (2)  Each partner who is personally engaged within this      1,817        

state in the practice of public accounting as a member of the      1,818        

partnership is a certified public accountant of this state in      1,819        

good standing.                                                                  

      (3)  Each partner of the partnership is a certified public   1,823        

accountant of some state in good standing.                         1,824        

      (4)  Each resident manager in charge of an office of the     1,826        

firm in this state is a certified public accountant of this state  1,827        

in good standing.                                                  1,828        

      (C)  No person EXCEPT AS PERMITTED BY RULES ADOPTED BY THE   1,830        

BOARD, NO INDIVIDUAL shall assume or use the title or designation  1,831        

"public accountant," or "CERTIFIED PUBLIC ACCOUNTANT," "CERTIFIED  1,833        

ACCOUNTANT," "CHARTERED ACCOUNTANT," "ENROLLED ACCOUNTANT,"        1,834        

"REGISTERED ACCOUNTANT," OR "LICENSED ACCOUNTANT," OR ANY OTHER    1,835        

TITLE OR DESIGNATION LIKELY TO BE CONFUSED WITH "PUBLIC            1,836        

ACCOUNTANT," OR ANY OF THE ABBREVIATIONS "PA," "CPA," "CA," "EA,"  1,841        

                                                          40     

                                                                 
"LA," OR "RA," OR SIMILAR ABBREVIATIONS LIKELY TO BE CONFUSED      1,844        

WITH "PA," or any other title, designation, words, letters,        1,847        

abbreviation, sign, card, or device tending to indicate that the   1,848        

person INDIVIDUAL is a public accountant, unless the person is     1,850        

registered as a public accountant under section 4701.07 of the     1,851        

Revised Code and INDIVIDUAL HOLDS A PA REGISTRATION AND holds a    1,852        

live AN OHIO permit issued under section 4701.10 of the Revised    1,854        

Code, or unless the person has received a INDIVIDUAL HOLDS A CPA   1,855        

certificate as a certified public accountant under section         1,856        

4701.06 or 4701.061 of the Revised Code or holds a live permit     1,857        

issued under section 4701.10 of the Revised Code.  AN INDIVIDUAL   1,859        

WHO HOLDS A PA REGISTRATION AND AN OHIO PERMIT MAY HOLD SELF OUT   1,861        

TO THE PUBLIC AS AN "ACCOUNTANT" OR "AUDITOR."                     1,862        

      (D)  No partnership shall assume or use the title or         1,864        

designation "public accountant" or abbreviation "PA" or any other  1,866        

title, designation, words, letters, abbreviation, sign, card, or   1,867        

device tending to indicate that the partnership is composed of     1,868        

public accountants, unless all of the following apply:             1,869        

      (1)  At least one general partner of the partnership is a    1,871        

certified public accountant or a public accountant of this state   1,872        

in good standing.                                                  1,873        

      (2)  Each partner who is personally engaged within this      1,875        

state in the practice of public accounting as a member of the      1,876        

partnership is a certified public accountant or a public           1,877        

accountant of this state in good standing.                         1,878        

      (3)  Each resident manager in charge of an office of a firm  1,880        

in this state is a certified public accountant or a public         1,881        

accountant of this state in good standing.                         1,882        

      (E)  No person or partnership shall assume or use the title  1,884        

or designation "certified accountant," "chartered accountant,"     1,885        

"enrolled accountant," "licensed accountant," "registered          1,886        

accountant," or any other title or designation likely to be        1,887        

confused with "certified public accountant" or "public             1,888        

accountant," or any of the abbreviations "CA," "EA," "RA," or"LA" or similar abbreviations likely to be confused with "CPA" or  1,894        

"PA"; provided that anyone who holds a live permit issued under    1,897        

section 4701.10 of the Revised Code may hold himself out to the    1,898        

public as an "accountant" or "auditor"; and provided that a        1,900        

foreign accountant who has registered under section 4701.09 of     1,901        

the Revised Code and holds a live permit issued under section      1,902        

4701.10 of the Revised Code may use the title under which he is    1,904        

generally known in his country, followed by the name of the        1,906        

country from which he received his certificate, license, or        1,908        

degree.                                                            1,909        

      (F)  No (C)  EXCEPT AS PROVIDED IN DIVISIONS (C)(1), (2),    1,912        

(3), AND (4) OF THIS SECTION, NO PARTNERSHIP, professional         1,914        

association, corporation-for-profit, limited liability company,    1,917        

or other legal entity BUSINESS ORGANIZATION not addressed in       1,918        

another division of this section THAT IS PRACTICING PUBLIC         1,920        

ACCOUNTING IN THIS STATE shall assume or use the title or          1,922        

designation "certified public accountant," or "public              1,923        

accountant," and no professional association,                      1,925        

corporation-for-profit, limited liability company, or other legal  1,926        

entity not addressed in another division of this section shall                  

assume or use the title or designation "certified accountant,"     1,928        

"chartered accountant," "enrolled accountant," "licensed           1,929        

accountant," "registered accountant," or any other title or        1,930        

designation likely to be confused with "certified public           1,931        

accountant" or "public accountant," or any of the abbreviations    1,932        

"CPA," "PA," "CA," "EA," "RA," or "LA," or similar abbreviations   1,934        

likely to be confused with "CPA" or "PA," except that a OR ANY     1,937        

OTHER TITLE, DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN,      1,938        

CARD, OR DEVICE TENDING TO INDICATE THAT THE BUSINESS              1,939        

ORGANIZATION IS A PUBLIC ACCOUNTING FIRM.                                       

      (1)(a)  A PARTNERSHIP MAY ASSUME OR USE THE TITLE OR         1,942        

DESIGNATION "CERTIFIED PUBLIC ACCOUNTANT," THE ABBREVIATION        1,943        

"CPA," OR ANY OTHER TITLE, DESIGNATION, WORDS, LETTERS,            1,944        

ABBREVIATION, SIGN, CARD, OR DEVICE TENDING TO INDICATE THAT THE   1,945        

                                                          42     

                                                                 
PARTNERSHIP IS COMPOSED OF CERTIFIED PUBLIC ACCOUNTANTS IF IT IS   1,946        

A REGISTERED FIRM AND A MAJORITY OF ITS PARTNERS WHO ARE           1,947        

INDIVIDUALS HOLD A CPA CERTIFICATE OR A FOREIGN CERTIFICATE, AND   1,950        

A MAJORITY OF THE OWNERS OF ANY QUALIFIED FIRM THAT IS A PARTNER   1,951        

HOLD A CPA CERTIFICATE OR A FOREIGN CERTIFICATE.                   1,953        

      (b)  A PARTNERSHIP MAY ASSUME OR USE THE TITLE OR            1,956        

DESIGNATION "PUBLIC ACCOUNTANT," THE ABBREVIATION "PA," OR ANY     1,957        

OTHER TITLE, DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN,      1,958        

CARD, OR DEVICE TENDING TO INDICATE THAT THE PARTNERSHIP IS        1,959        

COMPOSED OF PUBLIC ACCOUNTANTS IF IT IS A REGISTERED FIRM AND A    1,960        

MAJORITY OF ITS PARTNERS WHO ARE INDIVIDUALS HOLD A PA             1,962        

REGISTRATION, A CPA CERTIFICATE, OR A FOREIGN CERTIFICATE, AND A   1,965        

MAJORITY OF THE OWNERS OF ANY QUALIFIED FIRM THAT IS A PARTNER     1,966        

HOLD A PA REGISTRATION, A CPA CERTIFICATE, OR A FOREIGN            1,969        

CERTIFICATE.                                                                    

      (2)(a)  A professional association organized for the         1,971        

practice of public accounting and incorporated under Chapter       1,973        

1785. of the Revised Code may assume or use the title OR           1,974        

DESIGNATION "certified public accountant," if all of its           1,976        

shareholders are certified public accountants in good standing     1,979        

under the law of this state or another state or may assume or use  1,980        

the title "public accountant" if all of its shareholders are       1,981        

public accountants in good standing under this chapter or its      1,984        

shareholders consist of certified public accountants and public    1,985        

accountants in good standing under this chapter, except that a     1,986        

THE ABBREVIATION "CPA," OR ANY OTHER TITLE, DESIGNATION, WORDS,    1,989        

LETTERS, ABBREVIATION, SIGN, CARD, OR DEVICE TENDING TO INDICATE   1,990        

THAT THE PROFESSIONAL ASSOCIATION IS COMPOSED OF CERTIFIED PUBLIC  1,991        

ACCOUNTANTS, IF IT IS A REGISTERED FIRM AND A MAJORITY OF ITS      1,992        

SHAREHOLDERS WHO ARE INDIVIDUALS HOLD A CPA CERTIFICATE OR A       1,993        

FOREIGN CERTIFICATE, AND A MAJORITY OF THE OWNERS OF ANY           1,996        

QUALIFIED FIRM THAT IS A SHAREHOLDER HOLD A CPA CERTIFICATE OR A   1,997        

FOREIGN CERTIFICATE.                                               1,998        

      (b)  A PROFESSIONAL ASSOCIATION INCORPORATED UNDER CHAPTER   2,001        

                                                          43     

                                                                 
1785. OF THE REVISED CODE MAY ASSUME OR USE THE TITLE OR           2,003        

DESIGNATION "PUBLIC ACCOUNTANT," THE ABBREVIATION "PA," OR ANY     2,004        

OTHER TITLE, DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN,      2,005        

CARD, OR DEVICE TENDING TO INDICATE THAT THE PROFESSIONAL          2,006        

ASSOCIATION IS COMPOSED OF PUBLIC ACCOUNTANTS IF IT IS A           2,007        

REGISTERED FIRM AND A MAJORITY OF ITS SHAREHOLDERS WHO ARE         2,008        

INDIVIDUALS HOLD A PA REGISTRATION, A CPA CERTIFICATE, OR A        2,010        

FOREIGN CERTIFICATE, AND A MAJORITY OF THE OWNERS OF ANY           2,013        

QUALIFIED FIRM THAT IS A SHAREHOLDER HOLD A PA REGISTRATION, A     2,014        

CPA CERTIFICATE, OR A FOREIGN CERTIFICATE.                         2,016        

      (3)(a)  A corporation-for-profit organized for the practice  2,019        

of public accounting and incorporated under Chapter 1701. of the   2,021        

Revised Code may assume or use the title OR DESIGNATION                         

"certified public accountant," if all of its shareholders are      2,026        

certified public accountants in good standing under the law of     2,028        

this state or another state or may assume or use the title         2,029        

"public accountant" if all of its shareholders are public          2,031        

accountants in good standing under this chapter or its             2,032        

shareholders consist of certified public accountants and public    2,034        

accountants in good standing under this chapter, and except that   2,035        

a THE ABBREVIATION "CPA," OR ANY OTHER TITLE, DESIGNATION, WORDS,  2,038        

LETTERS, ABBREVIATION, SIGN, CARD, OR DEVICE TENDING TO INDICATE   2,039        

THAT THE CORPORATION IS COMPOSED OF CERTIFIED PUBLIC ACCOUNTANTS   2,040        

IF IT IS A REGISTERED FIRM AND A MAJORITY OF ITS SHAREHOLDERS WHO  2,041        

ARE INDIVIDUALS HOLD A CPA CERTIFICATE OR A FOREIGN CERTIFICATE,   2,043        

AND A MAJORITY OF THE OWNERS OF ANY QUALIFIED FIRM THAT IS A       2,045        

SHAREHOLDER HOLD A CPA CERTIFICATE OR A FOREIGN CERTIFICATE.       2,047        

      (b)  A CORPORATION INCORPORATED UNDER CHAPTER 1701. OF THE   2,050        

REVISED CODE MAY ASSUME OR USE THE TITLE OR DESIGNATION "PUBLIC    2,052        

ACCOUNTANT," THE ABBREVIATION "PA," OR ANY OTHER TITLE,            2,053        

DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN, CARD, OR DEVICE   2,054        

TENDING TO INDICATE THAT THE CORPORATION IS COMPOSED OF PUBLIC     2,055        

ACCOUNTANTS IF IT IS A REGISTERED FIRM AND A MAJORITY OF THE       2,056        

SHAREHOLDERS WHO ARE INDIVIDUALS HOLD A PA REGISTRATION, A CPA     2,059        

                                                          44     

                                                                 
CERTIFICATE, OR A FOREIGN CERTIFICATE, AND A MAJORITY OF THE       2,061        

OWNERS OF ANY QUALIFIED FIRM THAT IS A SHAREHOLDER HOLD A PA       2,063        

REGISTRATION, A CPA CERTIFICATE, OR A FOREIGN CERTIFICATE.         2,065        

      (4)(a)  A limited liability company formed ORGANIZED under   2,068        

Chapter 1705. of the Revised Code for the purpose of rendering     2,070        

public accounting services may assume and OR use the title OR      2,073        

DESIGNATION "certified public accountant," if each member of the   2,076        

company and, if the management of the company is not reserved to   2,077        

its members, each manager of the company is a certified public     2,079        

accountant in good standing under the law of this state or         2,081        

another state or may assume and use the title "public accountant"  2,082        

if each member of the company and, if the management of the        2,083        

company is not reserved to its members, each manager of the        2,086        

company is a public accountant in good standing under this         2,087        

chapter or those members and, if applicable, managers are either   2,089        

a certified public accountant or a public accountant in good       2,091        

standing under this chapter THE ABBREVIATION "CPA," OR ANY OTHER   2,094        

TITLE, DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN, CARD, OR   2,095        

DEVICE TENDING TO INDICATE THAT THE LIMITED LIABILITY COMPANY IS   2,096        

COMPOSED OF CERTIFIED PUBLIC ACCOUNTANTS IF IT IS A REGISTERED     2,097        

FIRM AND A MAJORITY OF ITS MEMBERS WHO ARE INDIVIDUALS HOLD A CPA  2,099        

CERTIFICATE OR A FOREIGN CERTIFICATE, AND A MAJORITY OF THE        2,101        

OWNERS OF ANY QUALIFIED FIRM THAT IS A MEMBER HOLD A CPA           2,103        

CERTIFICATE OR A FOREIGN CERTIFICATE.                              2,104        

      (b)  A LIMITED LIABILITY COMPANY ORGANIZED UNDER CHAPTER     2,107        

1705. OF THE REVISED CODE MAY ASSUME OR USE THE TITLE OR           2,110        

DESIGNATION "PUBLIC ACCOUNTANT," THE ABBREVIATION "PA," OR ANY     2,111        

OTHER TITLE, DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN,      2,112        

CARD, OR DEVICE TENDING TO INDICATE THAT THE LIMITED LIABILITY     2,113        

COMPANY IS COMPOSED OF PUBLIC ACCOUNTANTS IF IT IS A REGISTERED    2,114        

FIRM AND A MAJORITY OF THE MEMBERS WHO ARE INDIVIDUALS HOLD A PA   2,116        

REGISTRATION, CPA CERTIFICATE, OR A FOREIGN CERTIFICATE, AND A     2,119        

MAJORITY OF THE OWNERS OF ANY QUALIFIED FIRM THAT IS A MEMBER      2,120        

HOLD A PA REGISTRATION, A CPA CERTIFICATE, OR A FOREIGN            2,122        

                                                          45     

                                                                 
CERTIFICATE.                                                       2,123        

      (G)(D)  No person INDIVIDUAL shall sign, affix, or           2,126        

associate his THE INDIVIDUAL'S name or any trade or assumed name   2,128        

used by him THE INDIVIDUAL in his THE INDIVIDUAL'S profession or   2,130        

business to any opinion, review report, compilation report,        2,131        

examination report, or agreed-upon procedures report on a          2,132        

financial statement ATTEST REPORT with any wording indicating      2,133        

that he THE INDIVIDUAL is an accountant or auditor, or with any    2,136        

wording accompanying or contained in the opinion or ATTEST report  2,137        

that indicates that he THE INDIVIDUAL has expert knowledge in      2,140        

accounting or auditing or expert knowledge regarding compliance    2,141        

with conditions established by law or contract, including, but     2,142        

not limited to, statutes, ordinances, regulations, grants, loans,  2,143        

and appropriations, unless he THE INDIVIDUAL holds a live AN OHIO  2,145        

permit issued under section 4701.10 of the Revised Code; provided  2,147        

that.  HOWEVER, this division does not prohibit any officer,       2,149        

employee, partner, or principal of any organization from affixing  2,150        

his THE OFFICER'S, EMPLOYEE'S, PARTNER'S, OR PRINCIPAL'S           2,151        

signature to any statement or report in reference to the           2,152        

financial affairs of that organization with any wording            2,153        

designating the position, title, or office that he THE INDIVIDUAL  2,154        

holds in that organization; and provided that this.  THIS          2,155        

division ALSO does not prohibit any act of a public official or    2,157        

public employee in the performance of his THE PUBLIC OFFICIAL'S    2,158        

OR PUBLIC EMPLOYEE'S duties.                                       2,159        

      (H)(E)  No person shall sign, affix, or associate the name   2,161        

of a partnership, limited liability company, professional          2,163        

association, corporation-for-profit, or other legal entity         2,164        

BUSINESS ORGANIZATION not addressed in another division of this    2,166        

section to any opinion, review report, compilation report,         2,167        

examination report, or agreed-upon procedures report on a          2,168        

financial statement ATTEST REPORT with any wording accompanying    2,169        

or contained in the opinion or ATTEST report that indicates that   2,170        

the partnership, limited liability company, professional           2,172        

                                                          46     

                                                                 
association, corporation-for-profit, or other legal entity         2,173        

BUSINESS ORGANIZATION is composed of or employs accountants or     2,176        

auditors or persons having expert knowledge in accounting or                    

auditing or expert knowledge regarding compliance with conditions  2,177        

established by law or contract, including, but not limited to,     2,178        

statutes, ordinances, regulations, grants, loans, and              2,179        

appropriations, unless the partnership is entitled to designate    2,181        

itself as a partnership of certified public accountants under      2,182        

division (B) of this section or as a partnership of public         2,183        

accountants under division (D) of this section and, if it is       2,185        

required to be registered, is registered under section 4701.04 of  2,186        

the Revised Code or unless the, limited liability company,         2,187        

professional association, or corporation-for-profit is entitled    2,188        

to designate itself as a limited liability company, professional   2,190        

association, or corporation-for-profit of certified public         2,191        

accountants or public accountants under division (F) of this       2,192        

section and, if it is required to be registered, OR OTHER                       

BUSINESS ORGANIZATION is A registered under section 4701.04 of     2,194        

the Revised Code FIRM.                                                          

      (I)(F)  No person INDIVIDUAL not holding a live AN OHIO      2,197        

permit under section 4701.10 of the Revised Code shall hold        2,198        

himself SELF out to the public as an "accountant" or "auditor" by  2,200        

use of either or both of those words on any sign, card, or         2,201        

letterhead, in any advertisement or directory, or otherwise,       2,202        

without indicating thereon or therein that the person does not     2,203        

hold a live AN OHIO permit; provided that.  AN INDIVIDUAL WHO      2,204        

HOLDS A CPA CERTIFICATE AND AN OHIO PERMIT MAY HOLD SELF OUT TO    2,205        

THE PUBLIC AS AN "ACCOUNTANT" OR "AUDITOR."  HOWEVER, this         2,207        

division does not prohibit any officer, employee, partner, or      2,208        

principal of any organization from describing himself SELF by the  2,210        

position, title, or office he THE PERSON holds in that             2,211        

organization; and provided that this.  THIS division ALSO does     2,213        

not prohibit any act of a public official or public employee in    2,215        

the performance of his THE PUBLIC OFFICIAL'S OR PUBLIC EMPLOYEE'S  2,216        

                                                          47     

                                                                 
duties.                                                                         

      (J)(G)  No partnership that is not entitled to designate     2,218        

itself as a partnership of certified public accountants under      2,220        

division (B) of this section or as a partnership of public         2,221        

accountants under division (D) of this section, and no limited     2,222        

liability company, professional association,                       2,224        

corporation-for-profit, LIMITED LIABILITY COMPANY, or other legal  2,225        

entity BUSINESS ORGANIZATION not addressed in another division of  2,226        

this section that is not entitled to assume or use the title       2,227        

"certified public accountant" or "public accountant" under         2,228        

division (F)(C) of this section, shall hold itself out to the      2,230        

public as a firm, partnership, limited liability company,          2,231        

professional association, corporation-for-profit, LIMITED          2,232        

LIABILITY COMPANY, or other legal entity BUSINESS ORGANIZATION     2,233        

not addressed in another division of this section of AS BEING      2,235        

COMPOSED OF OR EMPLOYING "accountants" or "auditors" by use of     2,237        

either or both of those words on any sign, card, or letterhead,    2,238        

in any advertisement or directory, or otherwise, without           2,239        

indicating thereon or therein that the partnership, limited        2,240        

liability company, professional association,                       2,241        

corporation-for-profit, LIMITED LIABILITY COMPANY, or other legal  2,243        

entity BUSINESS ORGANIZATION is not A REGISTERED FIRM AND IS NOT   2,244        

permitted by law to practice as a partnership, limited liability   2,246        

company, professional association, corporation-for-profit, or      2,247        

other legal entity of public accountants PUBLIC ACCOUNTING FIRM.                

      (K)(H)  No person shall assume or use the title or           2,249        

designation "certified public accountant" or "public accountant"   2,250        

in conjunction with names indicating or implying that there is a   2,251        

partnership or in conjunction with the designation "and Company"   2,252        

or "and Co." or a similar designation if, in any such case, there  2,253        

is in fact no bona fide partnership entitled to designate itself   2,254        

as a partnership of certified public accountants under division    2,255        

(B)(C)(1)(a) of this section or as a partnership of public         2,256        

accountants under division (D)(C)(1)(b) of this section; provided  2,258        

                                                          48     

                                                                 
that.  HOWEVER, a sole proprietor or partnership that was on       2,261        

October 22, 1959, or a corporation that on or after September 30,  2,262        

1974, has been, lawfully using a title or designation of those     2,263        

types in conjunction with names or designations of those types,    2,264        

may continue to do so if he or it THE SOLE PROPRIETOR,             2,265        

PARTNERSHIP, OR CORPORATION otherwise complies with this section.  2,266        

      (I)(1)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS          2,268        

CHAPTER, AN INDIVIDUAL WHOSE PRINCIPAL PLACE OF BUSINESS IS NOT    2,269        

IN THIS STATE AND WHO HAS A VALID CERTIFICATION AND LICENSE OR     2,270        

PERMIT AS A CERTIFIED PUBLIC ACCOUNTANT FROM ANY OTHER UNITED      2,272        

STATES JURISDICTION IS DEEMED TO HAVE QUALIFICATIONS               2,273        

SUBSTANTIALLY EQUIVALENT TO THIS STATE'S REQUIREMENTS AND HAS ALL  2,274        

THE PRIVILEGES OF CERTIFICATE HOLDERS AND LICENSEES OF THIS STATE  2,275        

WITHOUT THE NEED TO OBTAIN AN OHIO PERMIT AND CPA CERTIFICATE.     2,276        

      (2)  ANY INDIVIDUAL EXERCISING THE PRIVILEGE AFFORDED UNDER  2,278        

THIS SECTION HEREBY CONSENTS AND IS SUBJECT, AS A CONDITION OF     2,279        

THE GRANT OF THIS PRIVILEGE, TO:                                   2,280        

      (a)  THE PERSONAL AND SUBJECT MATTER JURISDICTION OF THE     2,282        

BOARD;                                                             2,283        

      (b)  ALL PRACTICE AND DISCIPLINARY PROVISIONS OF THIS        2,285        

CHAPTER AND THE BOARD'S RULES;                                     2,286        

      (c)  THE APPOINTMENT OF THE BOARD THAT ISSUED THE            2,288        

INDIVIDUAL'S CPA CERTIFICATE OR PERMIT AS THE INDIVIDUAL'S AGENT   2,290        

UPON WHOM PROCESS MAY BE SERVED IN ANY ACTION OR PROCEEDING BY     2,291        

THE ACCOUNTANCY BOARD OF OHIO AGAINST THE LICENSEE.                2,292        

      (3)  HOLDERS OF AN OHIO PERMIT OR CPA CERTIFICATE OFFERING   2,295        

OR RENDERING ATTEST SERVICES OR USING THEIR CPA TITLE IN ANOTHER   2,296        

UNITED STATES JURISDICTION ARE SUBJECT TO DISCIPLINARY ACTION IN   2,297        

THIS STATE FOR AN ACT COMMITTED IN ANOTHER UNITED STATES           2,298        

JURISDICTION FOR WHICH THE HOLDERS OF THAT JURISDICTION'S PERMIT   2,299        

OR CPA CERTIFICATE WOULD BE SUBJECT TO DISCIPLINE IN THAT          2,301        

JURISDICTION.                                                                   

      (4)  ANY HOLDER OF A CPA CERTIFICATE OR PERMIT ISSUED BY     2,303        

ANOTHER UNITED STATES JURISDICTION WHO PERFORMS ATTEST SERVICES    2,305        

                                                          49     

                                                                 
OR USES SUCH CPA TITLE OR DESIGNATION IN THIS STATE PURSUANT TO    2,306        

THE PRIVILEGE ESTABLISHED BY THIS SECTION IS SUBJECT TO            2,307        

DISCIPLINARY ACTION IN THIS STATE FOR ANY ACTION COMMITTED IN      2,308        

THIS STATE WHICH WOULD SUBJECT THE HOLDER OF AN OHIO PERMIT OR     2,309        

CPA CERTIFICATE TO DISCIPLINARY ACTION.                            2,310        

      Sec. 4701.16.  (A)  After notice and hearing as provided in  2,322        

Chapter 119. of the Revised Code, the accountancy board may        2,323        

discipline a registrant or certificate holder PERSON HOLDING AN    2,325        

OHIO PERMIT, AN OHIO REGISTRATION, A FIRM REGISTRATION, A CPA      2,327        

CERTIFICATE, A PA REGISTRATION, OR ANY OTHER PERSON WHOSE          2,329        

ACTIVITIES ARE REGULATED BY THE BOARD as specified in division     2,332        

(B) of this section for any one or any combination of the          2,333        

following causes:                                                               

      (1)  Fraud or deceit in registering as a public accounting   2,335        

OBTAINING A firm REGISTRATION, in obtaining a CPA certificate as   2,337        

a certified public accountant, or in obtaining a permit to         2,338        

practice accounting pursuant to sections 4701.02 to 4701.19 of     2,339        

the Revised Code, A PA CERTIFICATE, AN OHIO PERMIT, OR AN OHIO     2,340        

REGISTRATION;                                                      2,341        

      (2)  Dishonesty, fraud, or gross negligence in the practice  2,343        

of public accounting;                                              2,344        

      (3)  Violation of any of the provisions of section 4701.14   2,346        

of the Revised Code;                                               2,347        

      (4)  Violation of a rule of professional conduct             2,349        

promulgated by the board under the authority granted by sections   2,350        

4701.02 to 4701.22 of the Revised Code;                            2,351        

      (5)  Conviction of a felony under the laws of any state or   2,353        

of the United States;                                              2,354        

      (6)  Conviction of any crime, an element of which is         2,356        

dishonesty or fraud, under the laws of any state or of the United  2,357        

States;                                                            2,358        

      (7)  Cancellation, revocation, suspension, or refusal to     2,360        

renew authority to practice as a certified public accountant, a    2,361        

public accountant, or a public accounting firm by any other        2,362        

                                                          50     

                                                                 
state, for any cause other than failure to pay registration fees   2,363        

in such other state;                                               2,364        

      (8)  Suspension or revocation of the right to practice       2,366        

before any state or federal agency;                                2,367        

      (9)  Failure of a certified public accountant or public      2,369        

accountant HOLDER OF A CPA CERTIFICATE OR PA CERTIFICATE to        2,371        

obtain the AN OHIO permit required by section 4701.10 of the       2,373        

Revised Code OR AN OHIO REGISTRATION, or THE failure of a public   2,374        

accounting firm to register with the board pursuant to section     2,375        

4701.04 of the Revised Code OBTAIN A FIRM REGISTRATION;            2,376        

      (10)  Conduct discreditable to the public accounting         2,378        

profession OR TO THE HOLDER OF AN OHIO PERMIT, OHIO REGISTRATION,  2,380        

FOREIGN PERMIT, OR FOREIGN CERTIFICATION;                                       

      (11)  FAILURE OF A PUBLIC ACCOUNTING FIRM TO COMPLY WITH     2,382        

SECTION 4701.04 OF THE REVISED CODE.                               2,383        

      (B)  For any of the reasons specified in division (A) of     2,385        

this section, the board may:                                       2,386        

      (1)  Revoke or, suspend, OR REFUSE TO RENEW any CPA          2,389        

certificate issued under section 4701.06 or 4701.061 of the        2,390        

Revised Code OR PA CERTIFICATE or any registration granted under   2,392        

section 4701.04 or 4701.07 of the Revised Code OHIO PERMIT, OHIO   2,393        

REGISTRATION, OR FIRM REGISTRATION;                                             

      (2)  Revoke, suspend, or refuse to renew any permit issued   2,395        

under section 4701.10 of the Revised Code DISQUALIFY A PERSON WHO  2,397        

IS NOT A HOLDER OF AN OHIO PERMIT OR A HOLDER OF A FOREIGN PERMIT  2,399        

FROM OWNING AN EQUITY INTEREST IN A PUBLIC ACCOUNTING FIRM OR      2,400        

QUALIFIED FIRM;                                                                 

      (3)  Publicly censure a registrant REGISTERED FIRM or        2,402        

holder of a CPA certificate, A PA CERTIFICATE, AN OHIO PERMIT, OR  2,406        

AN OHIO REGISTRATION;                                              2,407        

      (4)  Levy AGAINST A REGISTERED FIRM OR A HOLDER OF A CPA     2,411        

CERTIFICATE, A PA CERTIFICATE, AN OHIO PERMIT, OR AN OHIO          2,414        

REGISTRATION a penalty OR fine not to exceed one thousand dollars  2,415        

for each offense.  Any fine shall be reasonable and in relation    2,416        

                                                          51     

                                                                 
to the severity of the offense.                                    2,417        

      (5)  In the case of violations of division (A)(2) or (4) of  2,419        

this section, require completion of remedial continuing education  2,420        

programs prescribed by the board in addition to those required by  2,421        

section 4701.11 of the Revised Code;                               2,422        

      (6)  In the case of violations of division (A)(2) or (4) of  2,424        

this section, require the HOLDER OF A CPA certificate holder or    2,426        

registrant, PA REGISTRATION, OR FIRM REGISTRATION to submit to a   2,428        

quality PEER review by a professional committee designated by the  2,430        

board, which committee shall report to the board concerning the    2,431        

certificate holder's or registrant's THAT PERSON'S compliance      2,432        

with generally accepted accounting principles or, GENERALLY        2,433        

ACCEPTED auditing standards, OR OTHER GENERALLY ACCEPTED           2,435        

TECHNICAL STANDARDS.                                                            

      (C)  Where the board levies a fine against or suspends the   2,437        

certificate of a person or registration of a person or firm for a  2,438        

violation of division (A)(2) or (4) of this section, it may waive  2,439        

all or any portion of the fine or suspension where the HOLDER OF   2,441        

THE CPA certificate holder or registrant, PA REGISTRATION, OR      2,442        

FIRM REGISTRATION complies fully with division (B)(5) or (6) of    2,444        

this section.                                                                   

      Sec. 4701.29.  (A)  THE ACCOUNTANCY BOARD MAY INVESTIGATE    2,447        

WHETHER A PERSON HAS VIOLATED ANY PROVISION OF THIS CHAPTER OR     2,448        

RULE ADOPTED UNDER IT BEFORE COMMENCING A DISCIPLINARY PROCEEDING  2,449        

PURSUANT TO SECTION 4701.16 OF THE REVISED CODE OR TAKING LEGAL    2,450        

ACTION PURSUANT TO SECTION 4701.18 OF THE REVISED CODE.  AN        2,452        

INVESTIGATION UNDER THIS SECTION IS NOT SUBJECT TO CHAPTER 119.    2,454        

OF THE REVISED CODE.                                               2,456        

      THE BOARD MAY APPOINT A COMMITTEE OF BOARD MEMBERS OR STAFF  2,459        

EMPLOYED BY THE BOARD TO CONDUCT AN INVESTIGATION.                              

NOTWITHSTANDING ANY STATUTE OR RULE TO THE CONTRARY, A BOARD       2,460        

MEMBER WHO PARTICIPATES IN AN INVESTIGATION MAY PARTICIPATE        2,462        

ACTIVELY IN ANY HEARING OR PROCEEDING TO THE SAME EXTENT AS A      2,463        

BOARD MEMBER WHO DID NOT PARTICIPATE IN THE INVESTIGATION.         2,464        

                                                          52     

                                                                 
      (B)  DURING AN INVESTIGATION, THE BOARD MAY ADMINISTER       2,467        

OATHS, ORDER THE TAKING OF DEPOSITIONS, ISSUE SUBPOENAS, COMPEL    2,468        

THE ATTENDANCE AND TESTIMONY OF A PERSON AT A DEPOSITION, AND      2,469        

COMPEL THE PRODUCTION OF ANY FORM OF DOCUMENTARY EVIDENCE OR       2,470        

RECORD.  SUBPOENAS AND ORDERS TO COMPEL UNDER THIS SECTION MAY BE  2,471        

SERVED BY A DESIGNEE OF THE BOARD OR BY CERTIFIED MAIL TO THE      2,472        

RESIDENCE OR PLACE OF BUSINESS OF THE PERSON, FIRM, CORPORATION,   2,473        

PARTNERSHIP, SOLE PROPRIETORSHIP, LIMITED LIABILITY COMPANY, OR    2,474        

OTHER BUSINESS ORGANIZATION NAMED IN THE SUBPOENA OR ORDER.        2,476        

      (C)(1)  ANY WITNESS WHO APPEARS IN RESPONSE TO A SUBPOENA    2,479        

OF THE BOARD MAY REQUEST, AND SHALL RECEIVE WITHIN A REASONABLE    2,480        

TIME AFTER MAKING THE REQUEST, THE FEES AND MILEAGE PROVIDED FOR   2,481        

WITNESSES IN CIVIL CASES IN THE COURTS OF COMMON PLEAS IN THIS     2,482        

STATE.                                                                          

      (2)  IF A PERSON FAILS TO COMPLY WITH A SUBPOENA OR ORDER    2,484        

ISSUED BY THE BOARD UNDER THIS SECTION, THE BOARD MAY PETITION     2,486        

THE FRANKLIN COUNTY COURT OF COMMON PLEAS FOR AN ORDER COMPELLING  2,487        

COMPLIANCE WITH THE BOARD'S SUBPOENA OR ORDER.  UPON APPLICATION   2,488        

BY THE BOARD AND UPON EVIDENCE OF THE PERSON'S FAILURE TO COMPLY,  2,489        

THE COURT SHALL COMPEL THE APPEARANCE OF THE PERSONS OR THE        2,490        

PRODUCTION OF THE DOCUMENTS NAMED IN THE BOARD'S SUBPOENA OR       2,491        

ORDER IN ACCORDANCE WITH THE RULES OF CIVIL PROCEDURE.  THE COURT  2,494        

ALSO MAY ISSUE ANY CONTEMPT CITATION AND SANCTION THE COURT DEEMS  2,495        

APPROPRIATE.                                                       2,496        

      (D)  THE INVESTIGATIVE PROCEEDINGS OF THE BOARD UNDER THIS   2,499        

SECTION ARE NOT A PUBLIC RECORD, ARE CONFIDENTIAL, AND ARE NOT     2,500        

SUBJECT TO DISCOVERY IN ANY CIVIL OR ADMINISTRATIVE ACTION.        2,501        

      Section 2.  That existing sections 1111.01, 2925.01,         2,503        

4701.01, 4701.04, 4701.06, 4701.061, 4701.07, 4701.10, 4701.11,    2,504        

4701.12, 4701.13, 4701.14, and 4701.16 of the Revised Code are     2,506        

hereby repealed.                                                                

      Section 3.  Section 2925.01 of the Revised Code is           2,508        

presented in this act as a composite of the section as amended by  2,509        

Am. Sub. S.B. 143, Am. Sub. S.B. 269, Sub. S.B. 223, and Sub.      2,510        

                                                          53     

                                                                 
H.B. 125 of the 121st General Assembly, with the new language of   2,511        

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    2,513        

section as amended by both Am. Sub. S.B. 165 and Am. S.B. 316 of   2,514        

the 119th General Assembly, with the new language of neither of    2,516        

the acts shown in capital letters.  This is in recognition of the  2,517        

principle stated in division (B) of section 1.52 of the Revised    2,518        

Code that such amendments are to be harmonized where not           2,519        

substantively irreconcilable and constitutes a legislative         2,520        

finding that such is the resulting version in effect prior to the  2,521        

effective date of this act.