As Reported by House Civil and Commercial Law Committee       1            

122nd General Assembly                                             4            

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

      1997-1998                                                    6            


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

            BLESSING-FINAN-SUHADOLNIK-REPRESENTATIVES              9            

                BUCHY-KASPUTIS-CALLENDER-SALERNO                   10           


_________________________________________________________________   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, 4701.16, and                

                4701.19 and to enact section 4701.29 of the        17           

                Revised Code to permit certain persons who do not  18           

                hold a certificate or registration to practice as               

                a certified public accountant or public            19           

                accountant to acquire an ownership interest in     20           

                public accounting firms, to add a statutory        21           

                definition of the "practice of public accounting"               

                and modify or add other definitions in the         22           

                Accountancy Board Law, to expand the discipline    24           

                that may be imposed for infractions of that law,                

                and to make other related changes in that law.     25           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        27           

      Section 1.  That sections 1111.01, 2925.01, 4701.01,         29           

4701.04, 4701.06, 4701.061, 4701.07, 4701.10, 4701.11, 4701.12,    31           

4701.13, 4701.14, 4701.16, and 4701.19 be amended and section      33           

4701.29 of the Revised Code be enacted to read as follows:         35           

      Sec. 1111.01.  As used in this chapter:                      44           

      (A)  "Charitable trust" means a charitable remainder         46           

annuity trust as defined in section 664(d) of the Internal         47           

Revenue Code, a charitable remainder unitrust as defined in        48           

section 664(d) of the Internal Revenue Code, a charitable lead or  49           

                                                          2      


                                                                 
other split interest trust subject to the governing instrument     50           

requirements of section 508(e) of the Internal Revenue Code, a     51           

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

Revenue Code, a trust that is a private foundation as defined in   52           

section 509 of the Internal Revenue Code, or a trust of which      53           

each beneficiary is a charity.                                     54           

      For purposes of this division and division (B) of this       56           

section, "Internal Revenue Code" means the "Internal Revenue Code  57           

of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.               58           

      (B)  "Charity" means a state university as defined in        60           

section 3345.011 of the Revised Code, a community college as       62           

defined in section 3354.01 of the Revised Code, a technical                     

college as defined in section 3357.01 of the Revised Code, a       63           

state community college as defined in section 3358.01 of the       64           

Revised Code, a private college or university that possesses a     65           

certificate of authorization issued by the Ohio board of regents   66           

pursuant to Chapter 1713. of the Revised Code, a trust or          67           

organization exempt from taxation under section 501(c)(3) or       68           

section 501(c)(13) of the Internal Revenue Code, or a              70           

corporation, trust, or organization described in section           71           

170(c)(2) of the Internal Revenue Code.  The term "charities"      72           

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

      (C)  "Collective investment fund" means a fund established   74           

by a trust company or an affiliate of a trust company for the      75           

collective investment of assets held in a fiduciary capacity,      76           

either alone or with one or more cofiduciaries, by the             77           

establishing trust company and its affiliates.                                  

      (D)  "Fiduciary investment company" means a corporation      79           

that is both of the following:                                     80           

      (1)  An investment company;                                  82           

      (2)  Incorporated, owned, and operated in accordance with    84           

rules adopted by the superintendent of financial institutions for  85           

the investment of funds held by trust companies in a fiduciary     86           

capacity and for true fiduciary purposes, either alone or with     87           

                                                          3      


                                                                 
one or more cofiduciaries.                                                      

      (E)  "Instrument" includes any will, declaration of trust,   89           

agreement of trust, agency, or custodianship, or court order       90           

creating a fiduciary relationship.                                 91           

      (F)  "Investment company" means any investment company as    93           

defined in section 3 and registered under section 8 of the         94           

"Investment Company Act of 1940," 54 Stat. 789, 15 U.S.C.A. 80a-3  96           

and 80a-8.                                                                      

      (G)  "Trust business" means accepting and executing trusts   98           

of property, serving as a trustee, executor, administrator,        99           

guardian, receiver, or conservator, and providing fiduciary        100          

services as a business.  "Trust business" does not include any of  101          

the following:                                                                  

      (1)  Any natural person acting as a trustee, executor,       103          

administrator, guardian, receiver, or conservator, pursuant to     105          

appointment by a court of competent jurisdiction;                               

      (2)  Any natural person serving as a trustee who does not    108          

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

hire.  For purposes of division (G) of this section, the           110          

solicitation or advertisement of legal or accounting services by   111          

a person licensed in this state as an attorney or a person         112          

holding a live AN OHIO permit to practice public accounting        113          

issued under division (A) of section 4701.10 of the Revised Code   114          

shall not be considered to be the act of holding self out to the   115          

public as willing to act as a trustee for hire.                    116          

      (3)  A charity, an officer or employee of a charity, or a    119          

person affiliated with a charity, serving as trustee of a          120          

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

similar purpose, is a beneficiary;                                 121          

      (4)  Other fiduciary activities the superintendent           123          

determines are not undertaken as a business.                       124          

      Sec. 2925.01.  As used in this chapter:                      133          

      (A)  "Administer," "controlled substance," "dispense,"       135          

"distribute," "hypodermic," "manufacturer," "official written      137          

                                                          4      


                                                                 
order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"  139          

"schedule II," "schedule III," "schedule IV," "schedule V," and    140          

"wholesaler" have the same meanings as in section 3719.01 of the   141          

Revised Code.                                                                   

      (B)  "Drug dependent person" and "drug of abuse" have the    143          

same meanings as in section 3719.011 of the Revised Code.          144          

      (C)  "Drug," "dangerous drug," "licensed health              146          

professional authorized to prescribe drugs," and "prescription"    148          

have the same meanings as in section 4729.01 of the Revised Code.  149          

      (D)  "Bulk amount" of a controlled substance means any of    151          

the following:                                                     152          

      (1)  For any compound, mixture, preparation, or substance    154          

included in schedule I, schedule II, or schedule III, with the     156          

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

except as provided in division (D)(2) or (5) of this section,      158          

whichever of the following is applicable:                                       

      (a)  An amount equal to or exceeding ten grams or            160          

twenty-five unit doses of a compound, mixture, preparation, or     161          

substance that is or contains any amount of a schedule I opiate    162          

or opium derivative;                                               163          

      (b)  An amount equal to or exceeding ten grams of a          166          

compound, mixture, preparation, or substance that is or contains   167          

any amount of raw or gum opium;                                    168          

      (c)  An amount equal to or exceeding thirty grams or ten     171          

unit doses of a compound, mixture, preparation, or substance that  172          

is or contains any amount of a schedule I hallucinogen other than  173          

tetrahydrocannabinol or lysergic acid amide, or a schedule I       176          

stimulant or depressant;                                           177          

      (d)  An amount equal to or exceeding twenty grams or five    180          

times the maximum daily dose in the usual dose range specified in  181          

a standard pharmaceutical reference manual of a compound,          182          

mixture, preparation, or substance that is or contains any amount  183          

of a schedule II opiate or opium derivative;                       184          

      (e)  An amount equal to or exceeding five grams or ten unit  186          

                                                          5      


                                                                 
doses of a compound, mixture, preparation, or substance that is    187          

or contains any amount of phencyclidine;                           188          

      (f)  An amount equal to or exceeding one hundred twenty      190          

grams or thirty times the maximum daily dose in the usual dose     191          

range specified in a standard pharmaceutical reference manual of   192          

a compound, mixture, preparation, or substance that is or          193          

contains any amount of a schedule II stimulant that is in a final  194          

dosage form manufactured by a person authorized by the "Federal    195          

Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A.   197          

301, as amended, and the federal drug abuse control laws, as       198          

defined in section 3719.01 of the Revised Code, that is or                      

contains any amount of a schedule II depressant substance or a     200          

schedule II hallucinogenic substance;                                           

      (g)  An amount equal to or exceeding three grams of a        203          

compound, mixture, preparation, or substance that is or contains   204          

any amount of a schedule II stimulant, or any of its salts or      205          

isomers, that is not in a final dosage form manufactured by a      206          

person authorized by the Federal Food, Drug, and Cosmetic Act and  207          

the federal drug abuse control laws.                               208          

      (2)  An amount equal to or exceeding one hundred twenty      211          

grams or thirty times the maximum daily dose in the usual dose     212          

range specified in a standard pharmaceutical reference manual of   214          

a compound, mixture, preparation, or substance that is or          216          

contains any amount of a schedule III or IV substance other than   218          

an anabolic steroid or a schedule III opiate or opium derivative;  219          

      (3)  An amount equal to or exceeding twenty grams or five    221          

times the maximum daily dose in the usual dose range specified in  222          

a standard pharmaceutical reference manual of a compound,          223          

mixture, preparation, or substance that is or contains any amount  225          

of a schedule III opiate or opium derivative;                                   

      (4)  An amount equal to or exceeding two hundred fifty       227          

milliliters or two hundred fifty grams of a compound, mixture,     228          

preparation, or substance that is or contains any amount of a      229          

schedule V substance;                                              230          

                                                          6      


                                                                 
      (5)  An amount equal to or exceeding two hundred solid       233          

dosage units, sixteen grams, or sixteen milliliters of a           234          

compound, mixture, preparation, or substance that is or contains   235          

any amount of a schedule III anabolic steroid.                     236          

      (E)  "Unit dose" means an amount or unit of a compound,      238          

mixture, or preparation containing a controlled substance that is  239          

separately identifiable and in a form that indicates that it is    241          

the amount or unit by which the controlled substance is            242          

separately administered to or taken by an individual.              243          

      (F)  "Cultivate" includes planting, watering, fertilizing,   245          

or tilling.                                                        246          

      (G)  "Drug abuse offense" means any of the following:        248          

      (1)  A violation of division (A) of section 2913.02 that     250          

constitutes theft of drugs, or a violation of section 2925.02,     251          

2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13,     252          

2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the     254          

Revised Code;                                                                   

      (2)  A violation of an existing or former law of this or     256          

any other state or of the United States that is substantially      257          

equivalent to any section listed in division (G)(1) of this        258          

section;                                                           259          

      (3)  An offense under an existing or former law of this or   261          

any other state, or of the United States, of which planting,       262          

cultivating, harvesting, processing, making, manufacturing,        263          

producing, shipping, transporting, delivering, acquiring,          264          

possessing, storing, distributing, dispensing, selling, inducing   265          

another to use, administering to another, using, or otherwise      266          

dealing with a controlled substance is an element;                 267          

      (4)  A conspiracy to commit, attempt to commit, or           269          

complicity in committing or attempting to commit any offense       270          

under division (G)(1), (2), or (3) of this section.                271          

      (H)  "Felony drug abuse offense" means any drug abuse        273          

offense that would constitute a felony under the laws of this      274          

state, any other state, or the United States.                      275          

                                                          7      


                                                                 
      (I)  "Harmful intoxicant" does not include beer or           277          

intoxicating liquor but means any compound, mixture, preparation,  279          

or substance the gas, fumes, or vapor of which when inhaled can    280          

induce intoxication, excitement, giddiness, irrational behavior,   281          

depression, stupefaction, paralysis, unconsciousness,              282          

asphyxiation, or other harmful physiological effects, and          283          

includes, but is not limited to, any of the following:             284          

      (1)  Any volatile organic solvent, plastic cement, model     286          

cement, fingernail polish remover, lacquer thinner, cleaning       287          

fluid, gasoline, or other preparation containing a volatile        288          

organic solvent;                                                   289          

      (2)  Any aerosol propellant;                                 291          

      (3)  Any fluorocarbon refrigerant;                           293          

      (4)  Any anesthetic gas.                                     295          

      (J)  "Manufacture" means to plant, cultivate, harvest,       297          

process, make, prepare, or otherwise engage in any part of the     298          

production of a drug, by propagation, extraction, chemical         299          

synthesis, or compounding, or any combination of the same, and     300          

includes packaging, repackaging, labeling, and other activities    301          

incident to production.                                            302          

      (K)  "Possess" or "possession" means having control over a   304          

thing or substance, but may not be inferred solely from mere       305          

access to the thing or substance through ownership or occupation   306          

of the premises upon which the thing or substance is found.        307          

      (L)  "Sample drug" means a drug or pharmaceutical            309          

preparation that would be hazardous to health or safety if used    310          

without the supervision of a licensed health professional          312          

authorized to prescribe drugs, or a drug of abuse, and that, at    313          

one time, had been placed in a container plainly marked as a       314          

sample by a manufacturer.                                                       

      (M)  "Standard pharmaceutical reference manual" means the    316          

current edition, with cumulative changes if any, of any of the     317          

following reference works:                                         318          

      (1)  "The National Formulary";                               320          

                                                          8      


                                                                 
      (2)  "The United States Pharmacopeia," prepared by           322          

authority of the United States Pharmacopeial Convention, Inc.;     323          

      (3)  Other standard references that are approved by the      325          

state board of pharmacy.                                           326          

      (N)  "Juvenile" means a person under eighteen years of age.  328          

      (O)  "Counterfeit controlled substance" means any of the     330          

following:                                                         331          

      (1)  Any drug that bears, or whose container or label        333          

bears, a trademark, trade name, or other identifying mark used     334          

without authorization of the owner of rights to that trademark,    335          

trade name, or identifying mark;                                   336          

      (2)  Any unmarked or unlabeled substance that is             338          

represented to be a controlled substance manufactured, processed,  339          

packed, or distributed by a person other than the person that      340          

manufactured, processed, packed, or distributed it;                341          

      (3)  Any substance that is represented to be a controlled    343          

substance but is not a controlled substance or is a different      344          

controlled substance;                                              345          

      (4)  Any substance other than a controlled substance that a  347          

reasonable person would believe to be a controlled substance       348          

because of its similarity in shape, size, and color, or its        349          

markings, labeling, packaging, distribution, or the price for      350          

which it is sold or offered for sale.                              351          

      (P)  An offense is "committed in the vicinity of a school"   353          

if the offender commits the offense on school premises, in a       354          

school building, or within one thousand feet of the boundaries of  355          

any school premises.                                                            

      (Q)  "School" means any school operated by a board of        357          

education or any school for which the state board of education     358          

prescribes minimum standards under section 3301.07 of the Revised  359          

Code, whether or not any instruction, extracurricular activities,  360          

or training provided by the school is being conducted at the time  361          

a criminal offense is committed.                                   362          

      (R)  "School premises" means either of the following:        364          

                                                          9      


                                                                 
      (1)  The parcel of real property on which any school is      366          

situated, whether or not any instruction, extracurricular          367          

activities, or training provided by the school is being conducted  368          

on the premises at the time a criminal offense is committed;       369          

      (2)  Any other parcel of real property that is owned or      371          

leased by a board of education of a school or the governing body   372          

of a school for which the state board of education prescribes      373          

minimum standards under section 3301.07 of the Revised Code and    374          

on which some of the instruction, extracurricular activities, or   375          

training of the school is conducted, whether or not any            376          

instruction, extracurricular activities, or training provided by   377          

the school is being conducted on the parcel of real property at    378          

the time a criminal offense is committed.                          379          

      (S)  "School building" means any building in which any of    381          

the instruction, extracurricular activities, or training provided  382          

by a school is conducted, whether or not any instruction,          383          

extracurricular activities, or training provided by the school is  384          

being conducted in the school building at the time a criminal      385          

offense is committed.                                              386          

      (T)  "Disciplinary counsel" means the disciplinary counsel   388          

appointed by the board of commissioners on grievances and          389          

discipline of the supreme court under the Rules for the            390          

Government of the Bar of Ohio.                                     391          

      (U)  "Certified grievance committee" means a duly            393          

constituted and organized committee of the Ohio state bar          394          

association or of one or more local bar associations of the state  395          

of Ohio that complies with the criteria set forth in Rule V,       396          

section 6 of the Rules for the Government of the Bar of Ohio.      397          

      (V)  "Professional license" means any license, permit,       399          

certificate, registration, qualification, admission, temporary     400          

license, temporary permit, temporary certificate, or temporary     401          

registration that is described in divisions (W)(1) to (35) of      402          

this section and that qualifies a person as a professionally       403          

licensed person.                                                   404          

                                                          10     


                                                                 
      (W)  "Professionally licensed person" means any of the       406          

following:                                                         407          

      (1)  A person who has obtained a license as a manufacturer   409          

of controlled substances or a wholesaler of controlled substances  410          

under Chapter 3719. of the Revised Code;                           411          

      (2)  A person who has received a certificate or temporary    413          

certificate as a certified public accountant or who has            414          

registered as a public accountant under Chapter 4701. of the       415          

Revised Code and who holds a live AN OHIO permit issued under      417          

that chapter;                                                      418          

      (3)  A person who holds a certificate of qualification to    420          

practice architecture issued or renewed and registered under       421          

Chapter 4703. of the Revised Code;                                 422          

      (4)  A person who is registered as a landscape architect     424          

under Chapter 4703. of the Revised Code or who holds a permit as   425          

a landscape architect issued under that chapter;                   426          

      (5)  A person licensed as an auctioneer or apprentice        428          

auctioneer or licensed to operate an auction company under         429          

Chapter 4707. of the Revised Code;                                 430          

      (6)  A person who has been issued a certificate of           432          

registration as a registered barber under Chapter 4709. of the     433          

Revised Code;                                                      434          

      (7)  A person licensed and regulated to engage in the        436          

business of a debt pooling company by a legislative authority,     437          

under authority of Chapter 4710. of the Revised Code;              438          

      (8)  A person who has been issued a cosmetologist's          440          

license, manicurist's license, esthetician's license, managing     441          

cosmetologist's license, managing manicurist's license, managing   442          

esthetician's license, cosmetology instructor's license,           443          

manicurist instructor's license, esthetician instructor's          444          

license, or tanning facility permit under Chapter 4713. of the     445          

Revised Code;                                                      446          

      (9)  A person who has been issued a license to practice      448          

dentistry, a general anesthesia permit, a conscious intravenous    449          

                                                          11     


                                                                 
sedation permit, a limited resident's license, a limited teaching  450          

license, a dental hygienist's license, or a dental hygienist's     451          

teacher's certificate under Chapter 4715. of the Revised Code;     452          

      (10)  A person who has been issued an embalmer's license, a  454          

funeral director's license, a funeral home license, or a           455          

crematory license, or who has been registered for an embalmer's    456          

or funeral director's apprenticeship under Chapter 4717. of the    457          

Revised Code;                                                                   

      (11)  A person who has been licensed as a registered nurse   459          

or practical nurse, or who has been issued a certificate for the   460          

practice of nurse-midwifery under Chapter 4723. of the Revised     461          

Code;                                                              462          

      (12)  A person who has been licensed to practice optometry   464          

or to engage in optical dispensing under Chapter 4725. of the      465          

Revised Code;                                                      466          

      (13)  A person licensed to act as a pawnbroker under         468          

Chapter 4727. of the Revised Code;                                 469          

      (14)  A person licensed to act as a precious metals dealer   471          

under Chapter 4728. of the Revised Code;                           472          

      (15)  A person licensed as a pharmacist, a pharmacy intern,  475          

a wholesale distributor of dangerous drugs, or a terminal                       

distributor of dangerous drugs under Chapter 4729. of the Revised  476          

Code;                                                              477          

      (16)  A person who is authorized to practice as a physician  479          

assistant under Chapter 4730. of the Revised Code;                 480          

      (17)  A person who has been issued a certificate to          482          

practice medicine and surgery, osteopathic medicine and surgery,   483          

a limited branch of medicine or surgery, or podiatry under         484          

Chapter 4731. of the Revised Code;                                 485          

      (18)  A person licensed as a psychologist or school          487          

psychologist under Chapter 4732. of the Revised Code;              488          

      (19)  A person registered to practice the profession of      490          

engineering or surveying under Chapter 4733. of the Revised Code;  491          

      (20)  A person who has been issued a license to practice     494          

                                                          12     


                                                                 
chiropractic under Chapter 4734. of the Revised Code;                           

      (21)  A person licensed to act as a real estate broker,      496          

real estate salesperson, limited real estate broker, or limited    497          

real estate salesperson under Chapter 4735. of the Revised Code;   498          

      (22)  A person registered as a registered sanitarian under   500          

Chapter 4736. of the Revised Code;                                 501          

      (23)  A person licensed to operate or maintain a junkyard    503          

under Chapter 4737. of the Revised Code;                           504          

      (24)  A person who has been issued a motor vehicle salvage   506          

dealer's license under Chapter 4738. of the Revised Code;          507          

      (25)  A person who has been licensed to act as a steam       509          

engineer under Chapter 4739. of the Revised Code;                  510          

      (26)  A person who has been issued a license or temporary    512          

permit to practice veterinary medicine or any of its branches, or  513          

who is registered as a graduate animal technician under Chapter    514          

4741. of the Revised Code;                                         515          

      (27)  A person who has been issued a hearing aid dealer's    517          

or fitter's license or trainee permit under Chapter 4747. of the   518          

Revised Code;                                                      519          

      (28)  A person who has been issued a class A, class B, or    521          

class C license or who has been registered as an investigator or   522          

security guard employee under Chapter 4749. of the Revised Code;   523          

      (29)  A person licensed and registered to practice as a      525          

nursing home administrator under Chapter 4751. of the Revised      526          

Code;                                                              527          

      (30)  A person licensed to practice as a speech-language     529          

pathologist or audiologist under Chapter 4753. of the Revised      531          

Code;                                                                           

      (31)  A person issued a license as an occupational           533          

therapist or physical therapist under Chapter 4755. of the         534          

Revised Code;                                                      535          

      (32)  A person who is licensed as a professional clinical    537          

counselor or professional counselor, licensed as a social worker   538          

or independent social worker, or registered as a social work       539          

                                                          13     


                                                                 
assistant under Chapter 4757. of the Revised Code;                 540          

      (33)  A person issued a license to practice dietetics under  542          

Chapter 4759. of the Revised Code;                                 543          

      (34)  A person who has been issued a license or limited      546          

permit to practice respiratory therapy under Chapter 4761. of the  547          

Revised Code;                                                      548          

      (35)  A person who has been issued a real estate appraiser   550          

certificate under Chapter 4763. of the Revised Code.               551          

      (X)  "Cocaine" means any of the following:                   553          

      (1)  A cocaine salt, isomer, or derivative, a salt of a      555          

cocaine isomer or derivative, or the base form of cocaine;         556          

      (2)  Coca leaves or a salt, compound, derivative, or         558          

preparation of coca leaves, including ecgonine, a salt, isomer,    559          

or derivative of ecgonine, or a salt of an isomer or derivative    560          

of ecgonine;                                                       561          

      (3)  A salt, compound, derivative, or preparation of a       563          

substance identified in division (X)(1) or (2) of this section     565          

that is chemically equivalent to or identical with any of those    566          

substances, except that the substances shall not include           567          

decocainized coca leaves or extraction of coca leaves if the       568          

extractions do not contain cocaine or ecgonine.                    569          

      (Y)  "L.S.D." means lysergic acid diethylamide.              572          

      (Z)  "Hashish" means the resin or a preparation of the       574          

resin contained in marihuana, whether in solid form or in a        575          

liquid concentrate, liquid extract, or liquid distillate form.     576          

      (AA)  "Marihuana" has the same meaning as in section         578          

3719.01 of the Revised Code, except that it does not include       580          

hashish.                                                                        

      (BB)  An offense is "committed in the vicinity of a          582          

juvenile" if the offender commits the offense within one hundred   584          

feet of a juvenile or within the view of a juvenile, regardless    585          

of whether the offender knows the age of the juvenile, whether     586          

the offender knows the offense is being committed within one       587          

hundred feet of or within view of the juvenile, or whether the     588          

                                                          14     


                                                                 
juvenile actually views the commission of the offense.                          

      (CC)  "Presumption for a prison term" or "presumption that   590          

a prison term shall be imposed" means a presumption, as described  591          

in division (D) of section 2929.13 of the Revised Code, that a     592          

prison term is a necessary sanction for a felony in order to       593          

comply with the purposes and principles of sentencing under        594          

section 2929.11 of the Revised Code.                                            

      (DD)  "Major drug offender" has the same meaning as in       596          

section 2929.01 of the Revised Code.                               597          

      (EE)  "Minor drug possession offense" means either of the    599          

following:                                                         600          

      (1)  A violation of section 2925.11 of the Revised Code as   602          

it existed prior to July 1, 1996;                                  603          

      (2)  A violation of section 2925.11 of the Revised Code as   605          

it exists on and after July 1, 1996, that is a misdemeanor or a    606          

felony of the fifth degree.                                        607          

      (FF)  "Mandatory prison term" has the same meaning as in     610          

section 2929.01 of the Revised Code.                                            

      (GG)  "Crack cocaine" means a compound, mixture,             612          

preparation, or substance that is or contains any amount of        613          

cocaine that is analytically identified as the base form of        614          

cocaine or that is in a form that resembles rocks or pebbles       615          

generally intended for individual use.                                          

      Sec. 4701.01.  As used in this chapter:                      624          

      (A)  "Live permit" means a permit issued under section       626          

4701.10 of the Revised Code that is not suspended or revoked       627          

PRACTICE OF PUBLIC ACCOUNTING" MEANS PERFORMING OR OFFERING TO     629          

PERFORM ANY ENGAGEMENT THAT WILL RESULT IN THE ISSUANCE OF AN      630          

ATTEST REPORT AND, WITH RESPECT TO A PERSON WHO HOLDS A CPA        631          

CERTIFICATE, PA REGISTRATION, FOREIGN CERTIFICATE, OR FIRM         633          

REGISTRATION, ANY OTHER SERVICES INVOLVING THE USE OF ACCOUNTING   634          

OR AUDITING SKILLS AS ESTABLISHED BY RULES ADOPTED BY THE          635          

ACCOUNTANCY BOARD.                                                              

      (B)  "Public accounting firm" means a sole proprietorship,   637          

                                                          15     


                                                                 
a partnership, a limited liability company, a professional         638          

association, a corporation-for-profit, or any other legal entity   639          

BUSINESS ORGANIZATION that is permitted by the accountancy board   641          

to engage ENGAGED in the practice of public accounting in this     642          

state.                                                             643          

      (C)  "Opinion on a financial statement REPORT" means any     645          

opinion ON A FINANCIAL STATEMENT THAT IS expressed in accordance   646          

with generally accepted auditing standards as to the fairness of   648          

presentation of information AND THAT IS used for guidance in       650          

financial transactions or, for accounting, or for assessing the    652          

status or performance of commercial and noncommercial              653          

enterprises, whether public, private, or governmental.             654          

      (D)  "Quality PEER review" means a study, appraisal, or      656          

review of one or more aspects of the professional work of a        657          

public accounting firm that meets the standards and requirements   658          

set forth by the accountancy board.                                659          

      (E)  "Review report on a financial statement" means either   661          

of the following:                                                  662          

      (1)  Any review report ON A FINANCIAL STATEMENT THAT IS      664          

issued with respect to any of the following:                       666          

      (a)  Interim financial information in accordance with        668          

generally accepted auditing standards;                             669          

      (b)  The financial information of a nonpublic entity in      671          

accordance with statements on standards for accounting and review  672          

services;                                                          673          

      (c)  The reliability of another party's written assertion    675          

in accordance with statements on standards for attestation         676          

engagements.                                                       677          

      (2)  Any other review report ON A FINANCIAL STATEMENT THAT   679          

IS NOT DESCRIBED IN DIVISION (E)(1) OF THIS SECTION AND THAT IS    680          

issued in accordance with standards promulgated by the American    682          

institute of certified public accountants.                         683          

      (F)  "Compilation report on a financial statement" means     685          

any compilation report ON A FINANCIAL STATEMENT THAT IS issued     686          

                                                          16     


                                                                 
with respect to financial information of a nonpublic entity in     688          

accordance with statements on standards for accounting and review  689          

services as promulgated by the American institute of certified     690          

public accountants.                                                             

      (G)  "Examination report on a financial statement" means     692          

any examination report ON A FINANCIAL STATEMENT THAT IS issued     693          

with respect to another party's written assertion in accordance    695          

with statements on standards for attestation engagements as        696          

promulgated by the American institute of certified public          697          

accountants.                                                                    

      (H)  "Agreed-upon procedures report on a financial           699          

statement" means any report THAT IS ON A FINANCIAL STATEMENT AND   700          

THAT IS based on agreed-upon procedures issued with respect to     702          

another party's written assertion in accordance with statements    703          

on standards for attestation engagements as promulgated by the     704          

American institute of certified public accountants.                705          

      (I)  "QUALIFIED FIRM" MEANS A SOLE PROPRIETORSHIP,           708          

PARTNERSHIP, PROFESSIONAL ASSOCIATION, CORPORATION-FOR-PROFIT,     709          

LIMITED LIABILITY COMPANY, OR OTHER BUSINESS ORGANIZATION IN       710          

WHICH THE INDIVIDUALS WHO OWN A MAJORITY OF THE BUSINESS           711          

ORGANIZATION INTERESTS IN THE BUSINESS ORGANIZATION AND CONTROL    713          

THE BUSINESS ORGANIZATION HOLD AN OHIO PERMIT OR A FOREIGN         714          

CERTIFICATE.                                                       715          

      (J)  "OWN" MEANS ANY DIRECT OR INDIRECT OWNERSHIP OF AN      718          

EQUITY INTEREST IN A PUBLIC ACCOUNTING FIRM OR QUALIFIED FIRM.     719          

      (K)  "CONTROL" OR "CONTROLLED" MEANS THE RIGHT TO EXERCISE   722          

THE MAJORITY OF THE VOTING EQUITY INTERESTS IN A PUBLIC            723          

ACCOUNTING FIRM OR QUALIFIED FIRM WITH RESPECT TO ANY MATTER.      725          

      (L)  "EQUITY INTEREST" MEANS ANY CAPITAL INTEREST OR PROFIT  728          

INTEREST IN A SOLE PROPRIETORSHIP, PARTNERSHIP, PROFESSIONAL       730          

ASSOCIATION, CORPORATION-FOR-PROFIT, LIMITED LIABILITY COMPANY,    731          

OR OTHER BUSINESS ORGANIZATION.                                                 

      (M)  "OHIO PERMIT" MEANS A PERMIT TO PRACTICE PUBLIC         734          

ACCOUNTING ISSUED UNDER DIVISION (A) OF SECTION 4701.10 OF THE     736          

                                                          17     


                                                                 
REVISED CODE THAT IS NOT REVOKED OR SUSPENDED.                     737          

      (N)  "OHIO REGISTRATION" MEANS THE REGISTRATION UNDER        740          

DIVISION (B) OF SECTION 4701.10 OF THE REVISED CODE OF A HOLDER    741          

OF A CPA CERTIFICATE OR PA REGISTRATION WHO IS NOT IN THE          744          

PRACTICE OF PUBLIC ACCOUNTING IN THIS STATE.                                    

      (O)  "FIRM REGISTRATION" OR "REGISTERED FIRM" MEANS          747          

REGISTRATION AS A PUBLIC ACCOUNTING FIRM UNDER SECTION 4701.04 OF  748          

THE REVISED CODE.                                                               

      (P)  "PA REGISTRATION" MEANS REGISTRATION AS A PUBLIC        751          

ACCOUNTANT UNDER SECTION 4701.07 OF THE REVISED CODE THAT IS NOT   752          

REVOKED OR SUSPENDED.                                              753          

      (Q)  "CPA CERTIFICATE" MEANS A CERTIFICATE ISSUED UNDER      756          

SECTION 4701.06 OR 4701.061 OF THE REVISED CODE THAT IS NOT        757          

REVOKED OR SUSPENDED.                                              758          

      (R)  "FOREIGN CERTIFICATE" MEANS A CERTIFICATE OF A          761          

CERTIFIED PUBLIC ACCOUNTANT ISSUED UNDER THE LAWS OF ANOTHER       762          

STATE.                                                                          

      (S)  "ATTEST REPORT" MEANS AN OPINION REPORT, REVIEW         765          

REPORT, COMPILATION REPORT, EXAMINATION REPORT, AGREED-UPON        766          

PROCEDURES REPORT, OR ANY SIMILAR REPORT PREPARED IN ACCORDANCE    767          

WITH STANDARDS ESTABLISHED BY THE AMERICAN INSTITUTE OF CERTIFIED  768          

PUBLIC ACCOUNTANTS WITH RESPECT TO A FINANCIAL STATEMENT OR OTHER  769          

FINANCIAL INFORMATION.                                             770          

      (T)  "PERSON" MEANS ANY INDIVIDUAL, CORPORATION-FOR-PROFIT,  773          

BUSINESS TRUST, ESTATE, PARTNERSHIP, LIMITED LIABILITY COMPANY,    774          

PROFESSIONAL ASSOCIATION, OR OTHER BUSINESS ORGANIZATION.          775          

      (U)  Technical terms that define specific public accounting  777          

engagements have the same meanings as in the professional          778          

standards promulgated by the American institute of certified       779          

public accountants.                                                780          

      (V)(1)  "GOOD MORAL CHARACTER" MEANS THE COMBINATION OF      782          

PERSONAL TRAITS OF HONESTY, INTEGRITY, ATTENTION TO DUTY,          783          

FORTHRIGHTNESS, AND SELF-RESTRAINT THAT ENABLES A PERSON TO        784          

DISCHARGE THE DUTIES OF THE ACCOUNTING PROFESSION FULLY AND        785          

                                                          18     


                                                                 
FAITHFULLY.                                                        786          

      (2)  A HISTORY OF DISHONEST ACTS OR FELONIOUS ACTS OR        788          

CONVICTIONS IS SUFFICIENT TO PROVE LACK OF GOOD MORAL CHARACTER    789          

IF THAT HISTORY DEMONSTRATES BY A PREPONDERANCE OF THE EVIDENCE    790          

THAT THE PERSON LACKS ONE OR MORE OF THE PERSONAL TRAITS REFERRED  791          

TO IN DIVISION (V)(1) OF THIS SECTION.  A PERSON WHO HAS A FELONY  793          

CONVICTION RELATED TO ONE OR MORE OF THOSE PERSONAL TRAITS BEARS   794          

THE BURDEN OF ESTABLISHING THE PERSON'S PRESENT GOOD MORAL                      

CHARACTER, INCLUDING THE PERSON'S FULL AND COMPLETE                795          

REHABILITATION SUBSEQUENT TO THE CONVICTION.  IF LESS THAN ONE     796          

YEAR HAS PASSED SINCE THE COMPLETION OF THE PERSON'S SENTENCE ON   798          

A FELONY CONVICTION, INCLUDING ANY PERIOD UNDER A COMMUNITY        799          

CONTROL SANCTION OR POST-RELEASE CONTROL, THE BOARD MAY DELAY ANY  800          

DETERMINATION OF THE PERSON'S GOOD MORAL CHARACTER UNTIL ONE YEAR  801          

HAS PASSED FROM THE TIME OF THE COMPLETION OF THAT SENTENCE.       802          

      (3)  IN DETERMINING WHETHER A PERSON WHO HAS A FELONY        804          

CONVICTION HAS MET THE PERSON'S BURDEN OF PROOF DESCRIBED IN       806          

DIVISION (V)(2) OF THIS SECTION, THE ACCOUNTANCY BOARD MAY         808          

CONSIDER THE FOLLOWING FACTORS:                                                 

      (a)  THE PERSON'S PATH TOWARD PROFESSIONAL LICENSING         810          

FOLLOWING COMPLETION OF THE PERSON'S SENTENCE;                     811          

      (b)  THE NATURE AND DEGREE OF THE PERSON'S ACADEMIC          813          

ACHIEVEMENTS;                                                      814          

      (c)  THE NATURE AND DEGREE OF THE PERSON'S EMPLOYMENT        816          

FOLLOWING COMPLETION OF THE PERSON'S SENTENCE;                     817          

      (d)  THE PERSON'S DEGREE OF SELF-SUFFICIENCY FOLLOWING       819          

COMPLETION OF THE PERSON'S SENTENCE;                               820          

      (e)  THE NATURE AND DEGREE OF THE PERSON'S OTHER             822          

RESPONSIBILITIES FOLLOWING COMPLETION OF THE PERSON'S SENTENCE;    823          

      (f)  THE PERSON'S CONVICTION FOR ANY OTHER CRIMINAL OFFENSE  826          

SINCE COMPLETION OF THE PERSON'S SENTENCE FOR THE PERSON'S FIRST   827          

FELONY CONVICTION;                                                              

      (g)  WHETHER THE PERSON'S APPLICATION OR PRESENTATION        829          

CONTAINS ANY INCONSISTENCIES OR MISLEADING EXPLANATIONS THAT       830          

                                                          19     


                                                                 
CONVINCE THE BOARD THAT EITHER THE PERSON OR THE PERSON'S          831          

ATTORNEY IS TRYING TO KEEP THE BOARD FROM ACQUIRING A TRUE,        832          

THOUGH DAMAGING, REPRESENTATION OF THE PERSON'S CHARACTER;         833          

      (h)  THE NATURE AND CIRCUMSTANCES OF THE DISHONEST ACTS OR   835          

FELONIOUS ACTS OR CONVICTIONS OF THE PERSON;                       836          

      (i)  ANY OTHER SPECIFICALLY IDENTIFIABLE INFORMATION THAT    838          

THE BOARD DETERMINES TO BE RELEVANT TO THE PERSON'S ABILITY TO     839          

DISCHARGE THE DUTIES OF THE ACCOUNTING PROFESSION FULLY AND        840          

FAITHFULLY.                                                        841          

      Sec. 4701.04.  (A)  No public accounting firm shall ENGAGE   851          

IN THE practice under the firm's name OF PUBLIC ACCOUNTING in      852          

this state unless it registers with the accountancy board and      853          

pays a registration fee set by the board.                          854          

      (B)  New public PUBLIC accounting firms shall apply for      856          

initial registration within ninety days of AFTER formation OR      857          

WITHIN NINETY DAYS AFTER THE COMMENCEMENT OF PRACTICING PUBLIC     858          

ACCOUNTING IN THIS STATE.  All public accounting firms shall       860          

renew their registration triennially.  All public accounting       861          

firms shall submit with their initial and renewal registration     862          

applications a ALL OF THE FOLLOWING:                                            

      (1)  A list of the names, addresses, and certificate OR      865          

REGISTRATION numbers of all license holders INDIVIDUALS WHO HOLD   866          

AN OHIO PERMIT AND WHO OWN AN EQUITY INTEREST IN THE PUBLIC        867          

ACCOUNTING FIRM OR ARE employed by them THE PUBLIC ACCOUNTING      869          

FIRM;                                                                           

      (2)  A LIST OF THE NAMES AND ADDRESSES OF EACH PERSON WHO    871          

DOES NOT HOLD AN OHIO PERMIT OR A FOREIGN CERTIFICATE AND WHO      872          

OWNS AN EQUITY INTEREST IN THE PUBLIC ACCOUNTING FIRM IF THE       875          

PERSON'S PRINCIPAL PLACE OF BUSINESS IS LOCATED IN THIS STATE;     877          

      (3)  A STATEMENT THAT THE PUBLIC ACCOUNTING FIRM AND EACH    879          

PERSON WHO OWNS AN EQUITY INTEREST IN THE PUBLIC ACCOUNTING FIRM   880          

OR IS EMPLOYED BY THE PUBLIC ACCOUNTING FIRM AND WHO DOES NOT      881          

HOLD AN OHIO PERMIT OR A FOREIGN CERTIFICATE IS IN COMPLIANCE      883          

WITH DIVISIONS (C) AND (D) OF THIS SECTION.                        885          

                                                          20     


                                                                 
      (C)  A PUBLIC ACCOUNTING FIRM SHALL SATISFY ALL OF THE       888          

FOLLOWING REQUIREMENTS IN ORDER TO REGISTER:                       889          

      (1)  EXCEPT AS PROVIDED IN DIVISION (C)(5) OF THIS SECTION,  892          

EACH PARTNER, SHAREHOLDER, MEMBER, OR OTHER PERSON WHO OWNS AN     893          

EQUITY INTEREST IN THE PUBLIC ACCOUNTING FIRM SHALL HOLD AN OHIO   895          

PERMIT OR A FOREIGN CERTIFICATE.                                                

      (2)  THE CHIEF EXECUTIVE OF ANY OFFICE OF A PUBLIC           897          

ACCOUNTING FIRM LOCATED IN OR DOING BUSINESS IN THIS STATE SHALL   898          

HOLD AN OHIO PERMIT OR A FOREIGN CERTIFICATE.                      899          

      (3)  EACH INDIVIDUAL IN A PUBLIC ACCOUNTING FIRM WHO SIGNS   902          

ANY ATTEST REPORT ISSUED FROM AN OFFICE OF THE PUBLIC ACCOUNTING                

FIRM LOCATED IN THIS STATE SHALL HOLD AN OHIO PERMIT.              905          

      (4)  AN INDIVIDUAL WHO OWNS AN EQUITY INTEREST IN THE        907          

PUBLIC ACCOUNTING FIRM OR IS EMPLOYED BY THE PUBLIC ACCOUNTING     908          

FIRM AND WHO HOLDS AN OHIO PERMIT OR A FOREIGN CERTIFICATE, OR A   910          

QUALIFIED FIRM THAT OWNS AN EQUITY INTEREST IN THE PUBLIC                       

ACCOUNTING FIRM, SHALL ASSUME ULTIMATE RESPONSIBILITY FOR ANY      912          

ATTEST REPORT ISSUED FROM AN OFFICE OF THE PUBLIC ACCOUNTING FIRM  914          

LOCATED IN THIS STATE.                                                          

      (5)  ANY PERSON WHO DOES NOT HOLD AN OHIO PERMIT OR A        917          

FOREIGN CERTIFICATE AND WHO HOLDS AN EQUITY INTEREST IN THE        920          

PUBLIC ACCOUNTING FIRM SHALL SATISFY THE CONDITIONS SET FORTH IN                

DIVISION (D) OF THIS SECTION.                                      921          

      (6)  THE PUBLIC ACCOUNTING FIRM SHALL PROVIDE FOR THE        923          

TRANSFER OF THE EQUITY INTEREST OWNED BY PERSONS WHO DO NOT HOLD   924          

AN OHIO PERMIT OR A FOREIGN CERTIFICATE TO EITHER THE PUBLIC       925          

ACCOUNTING FIRM OR TO ANOTHER PERSON WHO OWNS AN EQUITY INTEREST   928          

IN THE FIRM IF A PERSON WHO DOES NOT HOLD AN OHIO PERMIT OR A      930          

FOREIGN CERTIFICATE WITHDRAWS FROM OR CEASES TO BE EMPLOYED BY     931          

THE PUBLIC ACCOUNTING FIRM.  THE PUBLIC ACCOUNTING FIRM MAY MAKE   933          

PAYMENTS IN CONNECTION WITH THE PERSON'S WITHDRAWAL FROM THE FIRM  934          

TO THAT PERSON OR, IF THAT PERSON IS DECEASED OR DISSOLVED, TO     936          

THE PERSON'S ESTATE OR SUCCESSOR IN INTEREST.                                   

      (D)  A PERSON WHO DOES NOT HOLD AN OHIO PERMIT OR A FOREIGN  939          

                                                          21     


                                                                 
CERTIFICATE MAY OWN AN EQUITY INTEREST IN A PUBLIC ACCOUNTING      940          

FIRM IF ALL OF THE FOLLOWING CONDITIONS ARE MET:                   942          

      (1)  ALL OF THE INDIVIDUALS WHO HOLD AN OHIO PERMIT OR A     944          

FOREIGN CERTIFICATE AND WHO OWN EQUITY INTERESTS IN THE PUBLIC     945          

ACCOUNTING FIRM, AND QUALIFIED FIRMS THAT OWN EQUITY INTERESTS IN  946          

THE PUBLIC ACCOUNTING FIRM, OWN, IN THE AGGREGATE, A MAJORITY OF   947          

THE EQUITY INTERESTS IN THE PUBLIC ACCOUNTING FIRM AND CONTROL     948          

THE PUBLIC ACCOUNTING FIRM.                                                     

      (2)  THE PERSON DOES NOT ASSUME OR USE ANY TITLES OR         951          

DESIGNATIONS SPECIFIED IN DIVISION (A) OF SECTION 4701.14 OF THE   952          

REVISED CODE.  THE PERSON MAY DESIGNATE OR REFER TO THE PERSON AS  953          

A SHAREHOLDER, PARTNER, MEMBER, PRINCIPAL, OWNER, OR OFFICER OF    954          

THE PUBLIC ACCOUNTING FIRM AND ALSO MAY USE ANY OTHER TITLE THAT   956          

THE BOARD AUTHORIZES BY RULE.                                                   

      (3)  THE PERSON IS NOT IN VIOLATION OF ANY STANDARD          959          

REGARDING THE CHARACTER OR CONDUCT OF THAT PERSON THAT THE BOARD   960          

ESTABLISHES BY RULE.                                                            

      (4)  THE PERSON'S PARTICIPATION IN THE BUSINESS OF THE       963          

PUBLIC ACCOUNTING FIRM IS THE PERSON'S PRINCIPAL OCCUPATION AND                 

CONSISTS OF PROVIDING SERVICES TO OR ON BEHALF OF THE PUBLIC       964          

ACCOUNTING FIRM, AND THE PERSON IS NOT FUNCTIONING SOLELY OR       966          

PREDOMINATELY AS A PASSIVE INVESTOR IN THE PUBLIC ACCOUNTING       967          

FIRM.                                                                           

      (5)  THE PERSON HAS GRADUATED WITH A BACCALAUREATE OR        971          

HIGHER DEGREE CONFERRED BY A COLLEGE OR UNIVERSITY APPROVED BY     972          

THE BOARD.                                                                      

      (6)  THE PERSON MEETS OR EXCEEDS THE CONTINUING EDUCATION    975          

REQUIREMENTS THAT THE BOARD ESTABLISHES BY RULE.                                

      (7)  A PERSON WHO HOLDS A PROFESSIONAL LICENSE,              977          

REGISTRATION, OR CERTIFICATION ISSUED BY THIS STATE OR ANOTHER     978          

STATE COMPLIES WITH THE REQUIREMENTS OF THAT LICENSE,              980          

REGISTRATION, OR CERTIFICATION.                                                 

      (8)  THE PERSON ABIDES BY THE CODE OF CONDUCT OF THE         983          

AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS OR A            984          

                                                          22     


                                                                 
COMPARABLE CODE OF PROFESSIONAL CONDUCT THAT THE BOARD ADOPTS BY   985          

RULE.                                                                           

      (9)  THE PERSON COMPLIES WITH ALL APPLICABLE PROVISIONS OF   988          

THIS CHAPTER AND THE RULES ADOPTED BY THE BOARD.                   989          

      (C)(E)  A PERSON WHO OWNS A VOTING EQUITY INTEREST IN A      992          

PUBLIC ACCOUNTING FIRM MAY NOT DELEGATE, BY PROXY OR OTHERWISE,    993          

THE DUTY TO EXERCISE ANY VOTING RIGHTS TO A PERSON THAT DOES NOT   994          

HOLD AN OHIO PERMIT OR A FOREIGN CERTIFICATE OR TO A PERSON THAT   995          

IS NOT A QUALIFIED FIRM.                                           996          

      (F)  As a condition for initial or renewal registration OF   998          

A PUBLIC ACCOUNTING FIRM on and after January 1, 1993, the board,  1,000        

by rule, shall require that all EACH public accounting firms FIRM  1,001        

undergo a quality PEER review to determine the PUBLIC ACCOUNTING   1,004        

FIRM'S degree of compliance by the firm IN THE PRACTICE OF PUBLIC  1,005        

ACCOUNTING with generally accepted accounting principles and,      1,007        

GENERALLY ACCEPTED auditing standards, and other generally         1,008        

accepted technical standards, unless the applicant PUBLIC          1,009        

ACCOUNTING firm meets one of the exceptions in division (G)(J) of  1,011        

this section.                                                                   

      (D)(G)  The board shall adopt rules establishing guidelines  1,013        

for quality PEER reviews.  The rules shall do all of the           1,014        

following:                                                         1,015        

      (1)  Designate a quality PEER review committee consisting    1,017        

of accounting professionals to serve as advisors to the board and  1,018        

to ensure that the board's guidelines are followed.  The board     1,019        

shall MAY establish fair and reasonable compensation for the       1,020        

committee members to be paid for time they spend conducting        1,022        

committee business.                                                             

      (2)  Require that the quality PEER review be conducted by a  1,024        

reviewer that is both independent of the PUBLIC ACCOUNTING firm    1,025        

reviewed and qualified pursuant to board rules;                    1,027        

      (3)  Require that the standards and practices applied by     1,029        

the reviewer be at least as stringent as those applied by the      1,030        

American institute of certified public accountants;                1,031        

                                                          23     


                                                                 
      (4)  Prohibit the use or disclosure of information obtained  1,033        

by members of the board OR A COMMITTEE of PEER reviewers during    1,034        

or in connection with the quality PEER review process for          1,036        

purposes other than those related to determining the degree of     1,038        

compliance by the PUBLIC ACCOUNTING firm with generally accepted   1,040        

accounting principles and, GENERALLY ACCEPTED auditing standards,  1,041        

and other generally accepted technical standards.  Division        1,043        

(D)(G)(4) of this section does not apply to the use or disclosure  1,044        

of information that is described in division (H)(K)(3) of this     1,045        

section or that is necessary to comply with any provision of law.  1,047        

      (E)(H)(1)  If a quality PEER review report indicates that a  1,050        

PUBLIC ACCOUNTING firm does not comply with standards and          1,052        

practices set forth in board guidelines, the board may, at, IN     1,053        

its discretion, or shall, upon submission of a written             1,055        

application by the firm, MAY hold a hearing to determine whether   1,056        

the firm complies with the standards and practices.  If the        1,057        

board, after conducting the hearing, determines that the firm      1,058        

complies with the standards and practices, it shall issue an       1,059        

order requiring the reviewer and the quality review committee to   1,060        

take any necessary action to record and implement the board's      1,061        

determination and to restore the status of compliance upon the     1,062        

firm.  However, if REVIEW THE RESULTS OF THE PEER REVIEW REPORT.   1,063        

IF the board, after conducting the hearing, determines that the    1,064        

PUBLIC ACCOUNTING firm does not comply with the standards and      1,066        

practices, it may issue an order that requires both of the         1,067        

following:                                                                      

      (a)  Remedial OR DISCIPLINARY action, which may include ANY  1,069        

OF THE FOLLOWING:                                                  1,070        

      (i)  Requiring employees of the PUBLIC ACCOUNTING firm to    1,072        

complete general or specific continuing professional education     1,074        

courses;                                                                        

      (ii)  Requiring the PUBLIC ACCOUNTING firm to undergo        1,076        

quality PEER review more frequently than triennially and PEER      1,079        

REVIEW THAT IS conducted in whole or part under the direct         1,081        

                                                          24     


                                                                 
supervision of the board or its designee;                                       

      (iii)  Any other remedial action specified by the board;     1,083        

      (iv)  IMPOSING ANY DISCIPLINARY MEASURES SET FORTH IN        1,085        

DIVISION (B) OF SECTION 4701.16 OF THE REVISED CODE.               1,086        

      (b)  An affidavit from the PUBLIC ACCOUNTING firm submitted  1,088        

within the time specified by the board indicating completion of    1,090        

required remedial actions.                                         1,091        

      (2)  Notwithstanding divisions (H)(K)(1) and (2) of this     1,093        

section, all matters relating to the procedures for determining    1,094        

compliance with the standards and practices under division         1,096        

(E)(H)(1) of this section are subject to Chapter 119. of the       1,097        

Revised Code, including the notice and conduct of any hearing,     1,098        

and the issuance and appeal of any order.                          1,099        

      (F)(I)  The PUBLIC ACCOUNTING firm reviewed shall pay for    1,102        

any quality PEER review performed.                                 1,103        

      (G)(J)  The board may exempt a PUBLIC ACCOUNTING firm from   1,106        

the requirement to undergo a quality PEER review if the PUBLIC     1,107        

ACCOUNTING firm submits to the board a written and notarized       1,110        

statement that the PUBLIC ACCOUNTING firm meets at least one of    1,112        

the following grounds for exemption identified in the statement:   1,113        

      (1)  Within three years of the date of application for       1,115        

initial or renewal registration, the PUBLIC ACCOUNTING firm has    1,116        

been subject to a quality PEER review acceptable to the board and  1,118        

conducted pursuant to standards not less stringent than review     1,120        

standards applied by the American institute of certified public    1,121        

accountants.  The PUBLIC ACCOUNTING firm shall submit to the       1,123        

board a copy of the results of the quality PEER review and any     1,125        

additional documentation required by the board.  The board,        1,126        

however, shall not require submittal of the working papers         1,127        

related to the quality PEER review process.                                     

      (2)  Within three years of the date of application for       1,129        

initial or renewal registration, the PUBLIC ACCOUNTING firm has    1,130        

undergone a quality PEER review conducted in another state or      1,132        

foreign country.  The PUBLIC ACCOUNTING firm shall submit to the   1,134        

                                                          25     


                                                                 
board a copy of the results of the quality PEER review and any     1,136        

additional documentation required by the board, including a        1,137        

detailed report of the procedures and standards applied by the     1,138        

reviewer.                                                                       

      (3)  The PUBLIC ACCOUNTING firm has never practiced public   1,140        

accounting in this state or any other state or foreign country     1,142        

and will undergo a quality PEER review within eighteen months of   1,143        

registration.                                                                   

      (4)  The PUBLIC ACCOUNTING firm, on a schedule as required   1,145        

by rule adopted by the board, submits a report to the board that   1,146        

states all of the following:                                       1,147        

      (a)  The PUBLIC ACCOUNTING firm does not engage in any       1,149        

financial reporting areas of practice including audits,            1,151        

compilations, or reviews UNDERTAKE ANY ENGAGEMENT THAT WILL        1,152        

RESULT IN THE ISSUANCE OF AN ATTEST REPORT.                                     

      (b)  Within the next three years, the PUBLIC ACCOUNTING      1,154        

firm does not intend to engage in any financial reporting areas    1,156        

of practice including audits, compilations, reviews, or            1,157        

prospective financial statements UNDERTAKE ANY ENGAGEMENT THAT     1,158        

WILL RESULT IN THE ISSUANCE OF ANY ATTEST REPORT.                  1,159        

      (c)  The PUBLIC ACCOUNTING firm agrees to notify the board   1,161        

within ninety days of engaging in any financial reporting areas    1,163        

of practice including audits, compilations, or reviews AFTER       1,164        

ACCEPTING ANY ENGAGEMENT THAT WILL RESULT IN THE ISSUANCE OF ANY   1,165        

ATTEST REPORT and will undergo a quality PEER review within one    1,168        

year of commencing such practices AFTER THE ACCEPTANCE OF AN       1,170        

ENGAGEMENT OF THAT NATURE.                                                      

      (5)  Subject to the board's approval, for reasons of         1,172        

personal health, military service, or other good cause, the        1,173        

PUBLIC ACCOUNTING firm is entitled to an exemption.                1,175        

      (H)(K)  In any civil action, arbitration, or administrative  1,177        

proceeding involving a PUBLIC ACCOUNTING firm, all of the          1,178        

following shall apply:                                             1,179        

      (1)  The proceedings, records, and work papers of any        1,181        

                                                          26     


                                                                 
reviewer, including board members and review committee members,    1,182        

involved in the quality PEER review process are privileged and     1,183        

not subject to discovery, subpoena, or other means of legal        1,185        

process and may not be introduced into evidence.                   1,186        

      (2)  No reviewer, including board members and review         1,188        

committee members, involved in the quality PEER review process     1,189        

shall be permitted or required to testify as to any matters        1,191        

produced, presented, disclosed, or discussed during or in          1,192        

connection with the quality PEER review process; or SHALL be       1,193        

required to testify to any finding, recommendation, evaluation,    1,196        

opinion, or other actions of such THOSE committees, or their       1,197        

members.                                                                        

      (3)  No privilege exists under this section for either of    1,199        

the following:                                                     1,200        

      (a)  Information presented or considered in the quality      1,202        

PEER review process which THAT was otherwise available to the      1,203        

public;                                                                         

      (b)  Materials prepared in connection with a particular      1,205        

engagement merely because they subsequently are presented or       1,206        

considered as part of the quality PEER review process.             1,207        

      (I)(L)  If a quality PEER review report indicates that a     1,210        

PUBLIC ACCOUNTING firm complies with standards and practices set   1,212        

forth in board guidelines, the board shall destroy all documents   1,213        

and reports related to the quality PEER review within thirty days  1,214        

after the board completes its review of the report.  If a quality  1,216        

PEER review report indicates that a PUBLIC ACCOUNTING firm does    1,218        

not comply with such THOSE standards and practices, the board      1,221        

shall retain all documents and reports related to the quality      1,222        

PEER review until completion of the next quality PEER review.      1,223        

      Sec. 4701.06.  The ACCOUNTANCY BOARD SHALL GRANT THE         1,232        

certificate of "certified public accountant" shall be granted by   1,234        

the accountancy board to any person WHO SATISFIES THE FOLLOWING    1,235        

REQUIREMENTS:                                                                   

      (A)  Who THE PERSON is a resident of this state or has a     1,237        

                                                          27     


                                                                 
place of business therein IN THIS STATE or, as an employee, is     1,239        

regularly employed therein IN THIS STATE.  The board may           1,241        

DETERMINE by rule determine circumstances under which the          1,244        

residency requirement may be waived.                                            

      (B)  Who THE PERSON has attained the age of eighteen         1,247        

years;.                                                                         

      (C)  Who THE PERSON is of good moral character;.             1,249        

      (D)  Who THE PERSON meets the FOLLOWING requirements of      1,251        

education and experience as provided in this division:             1,253        

      (1)(a)  Prior to January 1, 2000, graduation with a          1,255        

baccalaureate degree conferred by a college or university          1,256        

recognized by the board, with a concentration in accounting that   1,257        

includes related courses in other areas of business                1,258        

administration, or what the board determines to be substantially   1,259        

the equivalent of the foregoing;                                   1,260        

      (b)  On and after January 1, 2000, graduation with a         1,262        

baccalaureate or higher degree that includes successful            1,263        

completion of one hundred fifty semester hours of undergraduate    1,264        

or graduate education.  The board shall by rule SHALL specify      1,265        

graduate degrees that satisfy this requirement and shall also by   1,267        

rule SHALL require such ANY subjects as THAT it considers          1,269        

appropriate.  The total educational program shall include an       1,270        

accounting concentration with related courses in other areas of    1,271        

business administration, as defined by board rule.                 1,272        

      (2)(a)  The experience requirement for candidates meeting    1,274        

the educational requirements set forth in division (D)(1)(a) or    1,275        

(b) of this section is two years ONE YEAR of public accounting     1,277        

experience, satisfactory to the board, in any state in practice,   1,278        

as a certified public accountant or as a public accountant, or,    1,279        

in any state in employment, as a staff accountant by anyone        1,280        

practicing public accounting, or such experience in private or     1,281        

governmental accounting as is, in the opinion of the board, the    1,282        

equivalent of such public accounting practice, or any combination  1,283        

of such types of experience.                                       1,285        

                                                          28     


                                                                 
      (b)  The experience requirement is only one year of the      1,287        

experience described in division (D)(2)(a) of this section for     1,288        

any candidate holding a master's degree in accounting or business  1,289        

administration from a college or university recognized by the      1,290        

board, if he has satisfactorily completed such number of semester  1,293        

hours in graduate accounting and such related subjects as the                   

board determines to be appropriate ANY OF THE FOLLOWING:           1,294        

      (i)  A PUBLIC ACCOUNTING FIRM;                               1,296        

      (ii)  GOVERNMENT;                                            1,298        

      (iii)  BUSINESS;                                             1,300        

      (iv)  ACADEMIA.                                              1,302        

      (c)(b)  Except as provided in division (D)(2)(d)(c) of this  1,305        

section, the experience requirement for any candidate who, on and  1,306        

after January 1, 2000, does not meet the educational requirement   1,307        

set forth in division (D)(1)(b) of this section is four years of   1,308        

experience described in division (D)(2)(a) of this section.  The   1,309        

experience requirement for any candidate who, prior to January 1,  1,310        

2000, does not meet the educational requirement set forth in       1,311        

division (D)(1)(a) of this section is two years of experience      1,312        

described in division (D)(2)(a) of this section.                   1,313        

      (d)(c)  On and after January 1, 2000, the experience         1,315        

requirement for any candidate who, subsequent to obtaining a       1,316        

baccalaureate or higher degree, other than a baccalaureate or      1,317        

higher degree described in division (D)(1)(b) of this section,     1,318        

successfully completes coursework that meets the educational       1,319        

requirement set forth in division (D)(1)(b) of this section, is    1,320        

two years of experience described in division (D)(2)(a) of this    1,321        

section.                                                           1,322        

      (E)  Who THE PERSON has passed a written examination in      1,324        

accounting and auditing and in such ANY related subjects as THAT   1,326        

the board determines to be appropriate.  The board shall adopt     1,328        

rules, consistent with this section, for these examinations and    1,329        

for application to take these examinations.                        1,330        

      None of the educational requirements specified in division   1,332        

                                                          29     


                                                                 
(D) of this section apply to a candidate who is registered as a    1,333        

public accountant under section 4701.07 of the Revised Code HAS A  1,334        

PA REGISTRATION, but the experience requirement for such THE       1,336        

candidate who does not meet such THOSE educational requirements    1,338        

is four years of the experience described in division (D)(2)(a)    1,340        

of this section.                                                                

      Prior to January 1, 2000, the board shall waive the          1,342        

educational requirement set forth in division (D)(1)(a) of this    1,343        

section for any candidate if it finds that the candidate has       1,344        

attained the equivalent education by attendance at a business      1,345        

school, by self-study, or otherwise, and if it is satisfied from   1,346        

the results of special written examinations given THAT THE BOARD   1,347        

GIVES the candidate by the board to test his THE CANDIDATE'S       1,349        

educational qualifications that he THE CANDIDATE is as well        1,350        

equipped, educationally, as if he THE CANDIDATE met the            1,351        

applicable educational requirement specified in division           1,352        

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

      On and after January 1, 2000, the board shall waive the      1,354        

educational requirement set forth in division (D)(1)(b) of this    1,355        

section for any candidate if the board finds that the candidate    1,356        

has obtained from an accredited college or university approved by  1,357        

the board, either an associate degree or a baccalaureate degree,   1,358        

other than a baccalaureate degree described in division (D)(1)(b)  1,359        

of this section, with a concentration in accounting that includes  1,360        

related courses in other areas of business administration, and if  1,361        

the board is satisfied from the results of special written         1,362        

examinations given THAT THE BOARD GIVES the candidate by the       1,363        

board to test his THE CANDIDATE'S educational qualification that   1,365        

the candidate is as well equipped, educationally, as if he THE     1,367        

CANDIDATE met the applicable educational requirement specified in  1,368        

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

      The board shall provide by rule for the general scope of     1,370        

any special written examinations for a waiver of the educational   1,371        

requirements under division (D)(1)(a) or (b) of this section, and  1,372        

                                                          30     


                                                                 
may obtain such ANY advice and assistance as THAT it considers     1,374        

appropriate to assist it in preparing and grading such THOSE       1,375        

special written examinations.  The board may use any existing      1,376        

examinations or may prepare any number of new examinations to      1,377        

assist in determining the equivalent training of a candidate.      1,378        

The board shall by rule SHALL prescribe any special written        1,379        

examinations for a waiver of the educational requirements under    1,380        

division (D)(1)(a) or (b) of this section and the passing score    1,381        

required for each examination.                                                  

      The examinations described in division (E) of this section   1,383        

and the special written examinations for a waiver of the           1,384        

educational requirements under division (D)(1)(a) or (b) of this   1,385        

section shall be held by the board and shall take place as often   1,386        

as the board determines to be desirable, but the examinations      1,387        

described in division (E) of this section shall be held not less   1,388        

frequently than once each year.  The board may make such THE use   1,389        

of all or any part of the uniform certified public accountants'    1,391        

examination and advisory grading service, or either, as it         1,392        

considers appropriate to assist it in performing its duties        1,393        

hereunder UNDER THIS SECTION.  The board ALSO may also contract    1,395        

with qualified organizations for assistance in the administration  1,397        

of any examinations.  The board by rule may provide for granting   1,398        

credit to a candidate for his satisfactory completion of a         1,399        

written examination in one or more of the subjects specified       1,400        

REFERRED TO in division (E) of this section given by the           1,402        

licensing authority in any other state.                            1,403        

      A candidate who has met the educational requirements, or     1,405        

with respect to whom they either do not apply or have been         1,406        

waived, is eligible to take the examination specified REFERRED TO  1,408        

in division (E) of this section without waiting until he THE       1,409        

CANDIDATE meets the experience requirements, provided he THE       1,410        

CANDIDATE also meets the requirements of divisions (A) and (C) of  1,412        

this section.                                                                   

      A candidate for the certificate of certified public          1,414        

                                                          31     


                                                                 
accountant who has successfully completed the examination under    1,415        

division (E) of this section has no status as a certified public   1,416        

accountant, unless and until he THE CANDIDATE has the requisite    1,417        

experience and has received his A certificate as a certified       1,418        

public accountant.  The board shall determine and charge a fee     1,419        

for issuing the certificate that is adequate to cover the          1,420        

expense.                                                                        

      The board may by rule MAY prescribe the terms and            1,422        

conditions under which a candidate who passes the examination in   1,423        

one or more of the subjects indicated REFERRED TO in division (E)  1,424        

of this section may be reexamined in only the remaining subjects,  1,426        

with credit for the subjects previously passed.  It may also MAY   1,427        

provide by rule for a reasonable waiting period for a candidate's  1,429        

reexamination in a subject he THE CANDIDATE has failed.  Subject   1,430        

to the foregoing BOARD RULES OF THOSE TYPES and such ANY other     1,432        

rules as THAT the board may adopt governing reexaminations, a      1,433        

candidate is entitled to any number of reexaminations under        1,434        

division (E) of this section.  No candidate shall be required to   1,435        

be reexamined in all subjects unless a period of four years has    1,436        

elapsed since the candidate initially earned credit on the         1,437        

examination.                                                       1,438        

      The applicable educational and experience requirements       1,440        

under division (D) of this section shall be those in effect on     1,441        

the date on which the candidate first sits for the examination.    1,442        

      The board shall charge such A candidate a reasonable fee,    1,444        

to be determined by the board, that is adequate to cover all       1,445        

rentals, compensation for proctors, and other administrative       1,446        

expenses of the board related to examination or reexamination,     1,447        

including the expenses of procuring and grading the examination    1,448        

provided for in division (E) of this section and for any special   1,449        

written examinations for a waiver of the educational requirements  1,450        

under division (D)(1)(a) or (b) of this section.  Fees for         1,451        

reexamination under division (E) of this section shall be charged  1,452        

by the board in amounts determined by it.  The applicable fees     1,453        

                                                          32     


                                                                 
shall be paid by the candidate at the time he THE CANDIDATE        1,454        

applies for examination or reexamination.                          1,455        

      Any person who has received from the board a certificate as  1,457        

a certified public accountant and who holds a AN OHIO permit       1,459        

issued under section 4701.10 of the Revised Code, which is in      1,460        

full force and effect, shall be styled and known as a "certified   1,461        

public accountant" and may also MAY use the abbreviation "CPA."    1,463        

The board shall maintain a list of certified public accountants.   1,464        

Any certified public accountant may also MAY be known as a         1,465        

"public accountant."                                               1,466        

      Persons who, on the effective date of an amendment of this   1,468        

section, held certified public accountant certificates             1,469        

theretofore PREVIOUSLY issued under the laws of this state shall   1,470        

not be required to obtain additional certificates under this       1,472        

section, but shall otherwise be subject to all provisions of this  1,473        

section;, and such THOSE PREVIOUSLY ISSUED certificates            1,475        

theretofore issued shall, for all purposes, SHALL be considered    1,478        

certificates issued under this section and subject to the ITS      1,479        

provisions hereof.                                                              

      The board may waive the examination under division (E) of    1,481        

this section, and, upon payment of a fee determined by it, may     1,483        

issue a certificate as a "certified public accountant" to any      1,484        

person possessing WHO POSSESSES the qualifications specified in    1,485        

divisions (A), (B), and (C) of this section and what the board     1,487        

determines to be substantially the equivalent of the applicable    1,488        

qualifications under division (D) of this section, AND who is the  1,489        

holder of a certificate as a certified public accountant, then in  1,490        

full force and effect, issued under the laws of any state, or is   1,491        

the holder of a certificate, license, or degree in a foreign       1,492        

country constituting THAT CONSTITUTES a recognized qualification   1,493        

for the practice of public accounting in such THAT country, THAT   1,495        

IS comparable to that of a certified public accountant of this     1,497        

state, which AND THAT is then in full force and effect.            1,499        

      Sec. 4701.061.  Notwithstanding anything to the contrary in  1,508        

                                                          33     


                                                                 
section 4701.06 of the Revised Code, the ACCOUNTANCY BOARD SHALL   1,509        

GRANT A certificate of "certified public accountant" shall be      1,511        

granted by the accountancy board to any public accountant who      1,512        

meets all the following requirements:                              1,513        

      (A)  The public accountant applies to the board for the      1,515        

certificate under this section;.                                   1,516        

      (B)  At the time of application and the time that the        1,518        

certificate is granted, the public accountant holds a live AN      1,520        

OHIO permit issued under division (A) of section 4701.10 of the    1,521        

Revised Code;.                                                     1,522        

      (C)  At the time of application, any public accounting firm  1,524        

that employs the public accountant or in which the public          1,525        

accountant has an interest is registered, and meets the            1,526        

applicable quality PEER review requirements of the board, under    1,528        

section 4701.04 of the Revised Code;.                              1,529        

      (D)  For not less than one hundred twenty months, the        1,531        

public accountant has held a AN OHIO permit issued under division  1,533        

(A) of section 4701.10 of the Revised Code and has completed and   1,534        

reported to the board all applicable continuing education hours    1,535        

required by section 4701.11 of the Revised Code and the rules      1,536        

adopted pursuant thereto TO THAT SECTION.                          1,537        

      Sec. 4701.07.  The accountancy board shall register as a     1,546        

public accountant any person who meets all the following           1,547        

requirements:                                                      1,548        

      (A)  Is THE PERSON IS a resident of this state, or has a     1,550        

place of business therein; IN THIS STATE.                          1,552        

      (B)  Has THE PERSON HAS attained the age of eighteen         1,555        

years;.                                                                         

      (C)  Is THE PERSON IS of good moral character;.              1,557        

      (D)  Holds THE PERSON HOLDS a baccalaureate or higher        1,559        

degree conferred by a college or university recognized by the      1,561        

board, with a concentration in accounting, or with what the board  1,562        

determines to be substantially THE equivalent of the foregoing;    1,563        

or with a nonaccounting concentration supplemented by what the     1,564        

                                                          34     


                                                                 
board determines to be substantially the equivalent of an          1,565        

accounting concentration, including related courses in other       1,566        

areas of business administration.                                  1,567        

      The board may waive the educational requirement for any      1,569        

candidate if it finds that the candidate has attained the          1,570        

equivalent education by attendance at a business school or         1,571        

two-year college, by self-study, or otherwise, and if it is        1,572        

satisfied from the result of a special written examination given   1,573        

THAT THE BOARD GIVES the candidate by the board to test his THE    1,575        

CANDIDATE'S educational qualifications that he THE CANDIDATE is    1,576        

as well equipped, educationally, as if he THE CANDIDATE met the    1,577        

applicable educational requirement specified in this division.     1,578        

The board may provide by rule for the general scope of such THESE  1,579        

examinations and may obtain such ANY advice and assistance as      1,581        

THAT it considers appropriate to assist it in preparing and        1,582        

grading such THE special examinations.  The board may use any      1,584        

existing examinations or may prepare any number of new             1,585        

examinations to assist it in determining the equivalent training   1,586        

of a candidate. The board may by rule MAY prescribe such THE       1,587        

SPECIAL examinations and the passing score required for each       1,590        

examination.                                                                    

      (E)  Has THE PERSON HAS completed two years of public        1,592        

accounting experience, satisfactory to the board, in any state in  1,593        

practice as a public accountant, or in any state in employment,    1,594        

as a staff accountant by anyone practicing public accounting, or   1,596        

such OTHER experience in private or governmental accounting as     1,597        

will THAT, in the opinion of the board, WILL be the equivalent of  1,599        

such THAT public accounting practice, or any combination of such   1,601        

THOSE types of experience, except that the experience requirement  1,603        

is only one year of the experience described in this division for  1,604        

any candidate holding a master's degree in accounting or business  1,605        

administration from a college or university recognized by the      1,606        

board, if he THE CANDIDATE has satisfactorily completed such THE   1,607        

number of credit hours in accounting, business administration,     1,609        

                                                          35     


                                                                 
economics, and such ANY related subjects as THAT the board         1,611        

determines to be appropriate; and IF EITHER OF THE FOLLOWING       1,612        

APPLIES:                                                                        

      (1)  Has THE PERSON HAS passed the uniform national society  1,614        

of public accountants examination or a comparable examination      1,616        

approved by the public accountant members of the accountancy       1,617        

board; or.                                                                      

      (2)  Has THE PERSON HAS passed the accounting practice and   1,619        

auditing sections of the uniform CPA examination.                  1,621        

      The examination described in division (E)(1) of this         1,623        

section shall be held by the board and shall take place as often   1,624        

as the board determines, but shall not be held less frequently     1,625        

than once each year.  The board shall charge a candidate an        1,626        

application fee, to be determined by the board, that is adequate   1,627        

to cover all rentals, compensation for proctors, and other         1,628        

expenses of the board related to examination or reexamination      1,629        

except the expenses of procuring and grading the examination.  In  1,630        

addition, the board shall charge such THE candidate an             1,631        

examination fee to be determined by the board, that is adequate    1,633        

to cover the expense of procuring and grading the examination.     1,634        

Fees for reexamination under division (E) of this section shall    1,635        

also SHALL be charged by the board in amounts determined by it to  1,637        

be adequate to cover the expenses of procuring and grading the     1,638        

examinations.  The applicable fees shall be paid by the candidate  1,639        

at the time he THE CANDIDATE applies for examination or            1,640        

reexamination.                                                                  

      (F)  Applied THE PERSON APPLIED, on or before the effective  1,642        

date of this amendment APRIL 16, 1993, for registration as a       1,644        

public accountant.                                                 1,645        

      The board shall determine and charge a fee for registration  1,647        

under this section that is adequate to cover the expense.          1,648        

      The board shall in each case SHALL determine whether the     1,650        

applicant is eligible for registration.  Any individual who is so  1,651        

registered and who holds a AN OHIO permit issued under section     1,654        

                                                          36     


                                                                 
4701.10 of the Revised Code shall be styled and known as a         1,655        

"public accountant" and may use the abbreviation "PA."             1,656        

      A person who, on the effective date of an amendment of this  1,658        

section, holds a valid registration as a public accountant issued  1,659        

under the laws of this state shall not be required to obtain       1,660        

additional registration under this section, but shall otherwise    1,661        

be subject to all provisions of this section; and such.  THAT      1,663        

registration shall, for all purposes, SHALL be considered a        1,664        

registration issued under this section and subject to the ITS      1,666        

provisions hereof.                                                              

      Sec. 4701.10.  (A)  Permits to practice public accounting    1,676        

shall be issued by the THE accountancy board SHALL ISSUE OHIO      1,677        

PERMITS TO PRACTICE PUBLIC ACCOUNTING to holders of the            1,679        

certificate of certified public accountant issued under section    1,680        

4701.06 or 4701.061 of the Revised Code and to persons registered  1,681        

under sections 4701.07 and 4701.09 of the Revised Code.  Subject   1,682        

to division (D)(1) of this section, there shall be a triennial     1,683        

permit fee in an amount to be determined by the board not to       1,684        

exceed one hundred fifty dollars.  All OHIO permits shall expire   1,686        

on the last day of December of the year assigned by the board      1,687        

and, subject to division (D)(1) of this section, shall be renewed  1,688        

triennially for a period of three years by certificate holders     1,689        

and registrants in good standing upon payment of a triennial       1,690        

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

purpose of implementing this section and enforcing section         1,692        

4701.11 of the Revised Code, the board may issue a AN OHIO permit  1,693        

for less than three years' duration.  A prorated fee shall be      1,694        

determined by the board for such THAT OHIO permit.  Failure of     1,696        

any certificate holder or registrant to apply for a triennial      1,697        

OHIO permit to practice within three years from the expiration     1,699        

date of the OHIO permit to practice last obtained or renewed, or   1,700        

three years from the date upon which the certificate holder or     1,702        

registrant was granted a certificate or registration, shall        1,703        

result in suspension of such THE certificate or registration       1,704        

                                                          37     


                                                                 
unless the board determines such THE failure to have been due to   1,706        

excusable neglect.  In such THAT case, the renewal fee or the fee  1,708        

for the issuance of the original OHIO permit, as the case may be,  1,709        

shall be such THE amount as THAT the board shall determine, but    1,711        

not in excess of fifty dollars plus the fee for each triennial     1,712        

period or part of a period the certificate holder or registrant    1,713        

did not have a AN OHIO permit.                                     1,714        

      (B)  All certificate holders and registrants who are not in  1,716        

the practice of public accounting in this state shall register     1,717        

with the board every three years at a fee, not to exceed           1,718        

fifty-five dollars, established by the board.  Such persons shall  1,719        

not convey to the general public that they are actively engaged    1,720        

in the practice of public accounting in this state.                1,721        

      (C)  The board shall suspend the certificate or              1,723        

registration of any person failing to obtain a AN OHIO permit in   1,725        

accordance with this section, except that the board may by rule    1,726        

MAY exempt persons from the requirement of holding a AN OHIO       1,728        

permit for such SPECIFIED reasons as, INCLUDING, BUT NOT LIMITED   1,729        

TO, retirement, health reasons, military service, foreign          1,730        

residency, or other just cause.                                    1,731        

      (D)(1)  On and after January 1, 1995, the board shall, by    1,733        

rule adopted in accordance with Chapter 119. of the Revised Code,  1,734        

SHALL increase the triennial OHIO permit and renewal fee imposed   1,736        

pursuant to this section by at least fifteen dollars but no more   1,737        

than thirty dollars.                                               1,738        

      (2)  Beginning with the first quarter of 1995 and each       1,740        

quarter thereafter, the board, for the purpose provided in         1,741        

section 4743.05 of the Revised Code, shall certify to the          1,742        

director of budget and management the number of triennial OHIO     1,743        

permits renewed under this chapter during the preceding quarter    1,745        

and the amount equal to that number times the amount by which the  1,746        

triennial OHIO permit and renewal fee is increased by the board    1,748        

under division (D)(1) of this section.                             1,749        

      Sec. 4701.11.  The accountancy board may adopt rules         1,758        

                                                          38     


                                                                 
requiring that each applicant for the AN OHIO permit required by   1,760        

section 4701.10 of the Revised Code shall have demonstrated to     1,762        

the satisfaction of the board that the applicant has maintained a  1,763        

high level of professional competence by the completion of         1,764        

programs of continuing education satisfactory to the board during  1,765        

the period immediately prior to the application for the permit or  1,766        

renewal.  The board shall not require more than one hundred        1,767        

twenty hours of such THOSE programs over any three-year period     1,768        

for applicants possessing a live AN OHIO permit.  For purposes of  1,771        

this section, the board shall not approve any continuing           1,772        

education courses for which fees are charged and which THAT are    1,773        

sponsored by an accounting association in this state unless such   1,775        

THOSE courses are open to all persons registered or certified      1,777        

under this chapter and unless the fees charged are reasonable for  1,778        

all persons desiring to take the courses.                          1,779        

      The board may issue a AN OHIO permit required by section     1,782        

4701.10 of the Revised Code for less than three years to any       1,783        

person who is unable to complete continuing education hours        1,784        

required for renewal of a triennial OHIO permit for good cause,    1,785        

as established by rule.  Such THE OHIO permit shall be             1,787        

conditioned upon the completion of all required continuing         1,789        

education hours during the period for which such THE OHIO permit   1,790        

is issued.                                                                      

      Sec. 4701.12.  The display or uttering by a person of a      1,799        

card, sign, advertisement, or other printed, engraved, or written  1,800        

instrument or device, bearing a person's name in conjunction with  1,802        

the words "certified public accountant" or any abbreviation        1,803        

thereof OF THOSE WORDS, or "public accountant" or any              1,804        

abbreviation thereof OF THOSE WORDS, shall be prima-facie          1,806        

evidence in any action brought under section 4701.18 or section    1,808        

4701.99 of the Revised Code, that the person whose name is so      1,810        

displayed caused or procured the display or uttering of such THAT  1,811        

card, sign, advertisement, or other printed, engraved, or written  1,812        

instrument or device, and that such THE person is holding himself  1,814        

                                                          39     


                                                                 
SELF out to be a certified public accountant or a public           1,816        

accountant holding a AN OHIO permit to practice under section      1,818        

4701.10 of the Revised Code.  In any action, evidence of the       1,820        

commission of a single act prohibited by this section shall be                  

sufficient to justify an injunction or a conviction without        1,821        

evidence of a general course of conduct.                           1,822        

      Sec. 4701.13.  The accountancy board shall publish annually  1,831        

a printed register, which.  THE PRINTED REGISTER shall contain in  1,833        

separate lists the names and business addresses of all certified   1,835        

public accountants and public accountants holding live OHIO        1,836        

permits as of the date of preparation of the register.             1,837        

      Sec. 4701.14.  (A)  No person EXCEPT AS PERMITTED BY RULES   1,846        

ADOPTED BY THE ACCOUNTANCY BOARD, NO INDIVIDUAL shall assume or    1,847        

use the title or designation "certified public accountant,"        1,849        

"CERTIFIED ACCOUNTANT," "CHARTERED ACCOUNTANT," "ENROLLED                       

ACCOUNTANT," "LICENSED ACCOUNTANT," OR "REGISTERED ACCOUNTANT,"    1,850        

OR ANY OTHER TITLE OR DESIGNATION LIKELY TO BE CONFUSED WITH       1,851        

"CERTIFIED PUBLIC ACCOUNTANT," or abbreviation ANY OF THE          1,854        

ABBREVIATIONS "CPA," "PA," "CA," "EA," "LA," OR "RA," OR SIMILAR   1,860        

ABBREVIATIONS LIKELY TO BE CONFUSED WITH "CPA," or any other       1,862        

title, designation, words, letters, abbreviation, sign, card, or   1,863        

device tending to indicate that the person INDIVIDUAL is a         1,864        

certified public accountant, unless the person has received        1,866        

INDIVIDUAL HOLDS a CPA certificate as a certified public           1,867        

accountant under section 4701.06 or 4701.061 of the Revised Code   1,868        

and holds a live AN OHIO permit issued under section 4701.10 of    1,870        

the Revised Code; provided that a foreign accountant who.          1,872        

HOWEVER, AN INDIVIDUAL WHO POSSESSES A FOREIGN CERTIFICATE, has    1,873        

registered under section 4701.09 of the Revised Code, and holds a  1,875        

live AN OHIO permit issued under section 4701.10 of the Revised    1,876        

Code may use the title PERMITTED under which he is generally       1,878        

known in his country THE LAWS OF THE INDIVIDUAL'S OTHER LICENSING  1,879        

JURISDICTION, followed by the name of the country from which he    1,881        

received his certificate, license, or degree JURISDICTION.         1,883        

                                                          40     


                                                                 
      (B)  No partnership shall assume or use the title or         1,885        

designation "certified public accountant" or abbreviation "CPA"    1,887        

or any other title, designation, words, letters, abbreviation,     1,888        

sign, card, or device tending to indicate that the partnership is  1,890        

composed of certified public accountants unless it meets all of                 

the following requirements:                                        1,891        

      (1)  At least one general partner of the partnership is a    1,893        

certified public accountant of this state in good standing.        1,894        

      (2)  Each partner who is personally engaged within this      1,896        

state in the practice of public accounting as a member of the      1,897        

partnership is a certified public accountant of this state in      1,898        

good standing.                                                                  

      (3)  Each partner of the partnership is a certified public   1,902        

accountant of some state in good standing.                         1,903        

      (4)  Each resident manager in charge of an office of the     1,905        

firm in this state is a certified public accountant of this state  1,906        

in good standing.                                                  1,907        

      (C)  No person EXCEPT AS PERMITTED BY RULES ADOPTED BY THE   1,909        

BOARD, NO INDIVIDUAL shall assume or use the title or designation  1,910        

"public accountant," or "CERTIFIED PUBLIC ACCOUNTANT," "CERTIFIED  1,912        

ACCOUNTANT," "CHARTERED ACCOUNTANT," "ENROLLED ACCOUNTANT,"        1,913        

"REGISTERED ACCOUNTANT," OR "LICENSED ACCOUNTANT," OR ANY OTHER    1,914        

TITLE OR DESIGNATION LIKELY TO BE CONFUSED WITH "PUBLIC            1,915        

ACCOUNTANT," OR ANY OF THE ABBREVIATIONS "PA," "CPA," "CA," "EA,"  1,920        

"LA," OR "RA," OR SIMILAR ABBREVIATIONS LIKELY TO BE CONFUSED      1,923        

WITH "PA," or any other title, designation, words, letters,        1,926        

abbreviation, sign, card, or device tending to indicate that the   1,927        

person INDIVIDUAL is a public accountant, unless the person is     1,929        

registered as a public accountant under section 4701.07 of the     1,930        

Revised Code and INDIVIDUAL HOLDS A PA REGISTRATION AND holds a    1,931        

live AN OHIO permit issued under section 4701.10 of the Revised    1,933        

Code, or unless the person has received a INDIVIDUAL HOLDS A CPA   1,934        

certificate as a certified public accountant under section         1,935        

4701.06 or 4701.061 of the Revised Code or holds a live permit     1,936        

                                                          41     


                                                                 
issued under section 4701.10 of the Revised Code.  AN INDIVIDUAL   1,938        

WHO HOLDS A PA REGISTRATION AND AN OHIO PERMIT MAY HOLD SELF OUT   1,940        

TO THE PUBLIC AS AN "ACCOUNTANT" OR "AUDITOR."                     1,941        

      (D)  No partnership shall assume or use the title or         1,943        

designation "public accountant" or abbreviation "PA" or any other  1,945        

title, designation, words, letters, abbreviation, sign, card, or   1,946        

device tending to indicate that the partnership is composed of     1,947        

public accountants, unless all of the following apply:             1,948        

      (1)  At least one general partner of the partnership is a    1,950        

certified public accountant or a public accountant of this state   1,951        

in good standing.                                                  1,952        

      (2)  Each partner who is personally engaged within this      1,954        

state in the practice of public accounting as a member of the      1,955        

partnership is a certified public accountant or a public           1,956        

accountant of this state in good standing.                         1,957        

      (3)  Each resident manager in charge of an office of a firm  1,959        

in this state is a certified public accountant or a public         1,960        

accountant of this state in good standing.                         1,961        

      (E)  No person or partnership shall assume or use the title  1,963        

or designation "certified accountant," "chartered accountant,"     1,964        

"enrolled accountant," "licensed accountant," "registered          1,965        

accountant," or any other title or designation likely to be        1,966        

confused with "certified public accountant" or "public             1,967        

accountant," or any of the abbreviations "CA," "EA," "RA," or"LA" or similar abbreviations likely to be confused with "CPA" or  1,973        

"PA"; provided that anyone who holds a live permit issued under    1,976        

section 4701.10 of the Revised Code may hold himself out to the    1,977        

public as an "accountant" or "auditor"; and provided that a        1,979        

foreign accountant who has registered under section 4701.09 of     1,980        

the Revised Code and holds a live permit issued under section      1,981        

4701.10 of the Revised Code may use the title under which he is    1,983        

generally known in his country, followed by the name of the        1,985        

country from which he received his certificate, license, or        1,987        

degree.                                                            1,988        

                                                          42     


                                                                 
      (F)  No (C)  EXCEPT AS PROVIDED IN DIVISIONS (C)(1), (2),    1,991        

(3), AND (4) OF THIS SECTION, NO PARTNERSHIP, professional         1,993        

association, corporation-for-profit, limited liability company,    1,996        

or other legal entity BUSINESS ORGANIZATION not addressed in       1,997        

another division of this section THAT IS PRACTICING PUBLIC         1,999        

ACCOUNTING IN THIS STATE shall assume or use the title or          2,001        

designation "certified public accountant," or "public              2,002        

accountant," and no professional association,                      2,004        

corporation-for-profit, limited liability company, or other legal  2,005        

entity not addressed in another division of this section shall                  

assume or use the title or designation "certified accountant,"     2,007        

"chartered accountant," "enrolled accountant," "licensed           2,008        

accountant," "registered accountant," or any other title or        2,009        

designation likely to be confused with "certified public           2,010        

accountant" or "public accountant," or any of the abbreviations    2,011        

"CPA," "PA," "CA," "EA," "RA," or "LA," or similar abbreviations   2,013        

likely to be confused with "CPA" or "PA," except that a OR ANY     2,016        

OTHER TITLE, DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN,      2,017        

CARD, OR DEVICE TENDING TO INDICATE THAT THE BUSINESS              2,018        

ORGANIZATION IS A PUBLIC ACCOUNTING FIRM.                                       

      (1)(a)  A PARTNERSHIP MAY ASSUME OR USE THE TITLE OR         2,021        

DESIGNATION "CERTIFIED PUBLIC ACCOUNTANT," THE ABBREVIATION        2,022        

"CPA," OR ANY OTHER TITLE, DESIGNATION, WORDS, LETTERS,            2,023        

ABBREVIATION, SIGN, CARD, OR DEVICE TENDING TO INDICATE THAT THE   2,024        

PARTNERSHIP IS COMPOSED OF CERTIFIED PUBLIC ACCOUNTANTS IF IT IS   2,025        

A REGISTERED FIRM, IF A MAJORITY OF ITS PARTNERS WHO ARE           2,026        

INDIVIDUALS HOLD A CPA CERTIFICATE OR A FOREIGN CERTIFICATE, AND   2,029        

IF A MAJORITY OF THE OWNERS OF ANY QUALIFIED FIRM THAT IS A        2,030        

PARTNER HOLD A CPA CERTIFICATE OR A FOREIGN CERTIFICATE.           2,032        

      (b)  A PARTNERSHIP MAY ASSUME OR USE THE TITLE OR            2,035        

DESIGNATION "PUBLIC ACCOUNTANT," THE ABBREVIATION "PA," OR ANY     2,036        

OTHER TITLE, DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN,      2,037        

CARD, OR DEVICE TENDING TO INDICATE THAT THE PARTNERSHIP IS        2,038        

COMPOSED OF PUBLIC ACCOUNTANTS IF IT IS A REGISTERED FIRM, IF A    2,039        

                                                          43     


                                                                 
MAJORITY OF ITS PARTNERS WHO ARE INDIVIDUALS HOLD A PA             2,041        

REGISTRATION, A CPA CERTIFICATE, OR A FOREIGN CERTIFICATE, AND IF  2,044        

A MAJORITY OF THE OWNERS OF ANY QUALIFIED FIRM THAT IS A PARTNER   2,045        

HOLD A PA REGISTRATION, A CPA CERTIFICATE, OR A FOREIGN            2,048        

CERTIFICATE.                                                                    

      (2)(a)  A professional association organized for the         2,050        

practice of public accounting and incorporated under Chapter       2,052        

1785. of the Revised Code may assume or use the title OR           2,053        

DESIGNATION "certified public accountant," if all of its           2,055        

shareholders are certified public accountants in good standing     2,058        

under the law of this state or another state or may assume or use  2,059        

the title "public accountant" if all of its shareholders are       2,060        

public accountants in good standing under this chapter or its      2,063        

shareholders consist of certified public accountants and public    2,064        

accountants in good standing under this chapter, except that a     2,065        

THE ABBREVIATION "CPA," OR ANY OTHER TITLE, DESIGNATION, WORDS,    2,068        

LETTERS, ABBREVIATION, SIGN, CARD, OR DEVICE TENDING TO INDICATE   2,069        

THAT THE PROFESSIONAL ASSOCIATION IS COMPOSED OF CERTIFIED PUBLIC  2,070        

ACCOUNTANTS IF IT IS A REGISTERED FIRM, IF A MAJORITY OF ITS       2,071        

SHAREHOLDERS WHO ARE INDIVIDUALS HOLD A CPA CERTIFICATE OR A       2,072        

FOREIGN CERTIFICATE, AND IF A MAJORITY OF THE OWNERS OF ANY        2,075        

QUALIFIED FIRM THAT IS A SHAREHOLDER HOLD A CPA CERTIFICATE OR A   2,076        

FOREIGN CERTIFICATE.                                               2,077        

      (b)  A PROFESSIONAL ASSOCIATION INCORPORATED UNDER CHAPTER   2,080        

1785. OF THE REVISED CODE MAY ASSUME OR USE THE TITLE OR           2,082        

DESIGNATION "PUBLIC ACCOUNTANT," THE ABBREVIATION "PA," OR ANY     2,083        

OTHER TITLE, DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN,      2,084        

CARD, OR DEVICE TENDING TO INDICATE THAT THE PROFESSIONAL          2,085        

ASSOCIATION IS COMPOSED OF PUBLIC ACCOUNTANTS IF IT IS A           2,086        

REGISTERED FIRM, IF A MAJORITY OF ITS SHAREHOLDERS WHO ARE         2,087        

INDIVIDUALS HOLD A PA REGISTRATION, A CPA CERTIFICATE, OR A        2,089        

FOREIGN CERTIFICATE, AND IF A MAJORITY OF THE OWNERS OF ANY        2,092        

QUALIFIED FIRM THAT IS A SHAREHOLDER HOLD A PA REGISTRATION, A     2,093        

CPA CERTIFICATE, OR A FOREIGN CERTIFICATE.                         2,095        

                                                          44     


                                                                 
      (3)(a)  A corporation-for-profit organized for the practice  2,098        

of public accounting and incorporated under Chapter 1701. of the   2,100        

Revised Code may assume or use the title OR DESIGNATION                         

"certified public accountant," if all of its shareholders are      2,105        

certified public accountants in good standing under the law of     2,107        

this state or another state or may assume or use the title         2,108        

"public accountant" if all of its shareholders are public          2,110        

accountants in good standing under this chapter or its             2,111        

shareholders consist of certified public accountants and public    2,113        

accountants in good standing under this chapter, and except that   2,114        

a THE ABBREVIATION "CPA," OR ANY OTHER TITLE, DESIGNATION, WORDS,  2,117        

LETTERS, ABBREVIATION, SIGN, CARD, OR DEVICE TENDING TO INDICATE   2,118        

THAT THE CORPORATION IS COMPOSED OF CERTIFIED PUBLIC ACCOUNTANTS   2,119        

IF IT IS A REGISTERED FIRM, IF A MAJORITY OF ITS SHAREHOLDERS WHO  2,120        

ARE INDIVIDUALS HOLD A CPA CERTIFICATE OR A FOREIGN CERTIFICATE,   2,122        

AND IF A MAJORITY OF THE OWNERS OF ANY QUALIFIED FIRM THAT IS A    2,124        

SHAREHOLDER HOLD A CPA CERTIFICATE OR A FOREIGN CERTIFICATE.       2,126        

      (b)  A CORPORATION INCORPORATED UNDER CHAPTER 1701. OF THE   2,129        

REVISED CODE MAY ASSUME OR USE THE TITLE OR DESIGNATION "PUBLIC    2,131        

ACCOUNTANT," THE ABBREVIATION "PA," OR ANY OTHER TITLE,            2,132        

DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN, CARD, OR DEVICE   2,133        

TENDING TO INDICATE THAT THE CORPORATION IS COMPOSED OF PUBLIC     2,134        

ACCOUNTANTS IF IT IS A REGISTERED FIRM, IF A MAJORITY OF THE       2,135        

SHAREHOLDERS WHO ARE INDIVIDUALS HOLD A PA REGISTRATION, A CPA     2,138        

CERTIFICATE, OR A FOREIGN CERTIFICATE, AND IF A MAJORITY OF THE    2,140        

OWNERS OF ANY QUALIFIED FIRM THAT IS A SHAREHOLDER HOLD A PA       2,142        

REGISTRATION, A CPA CERTIFICATE, OR A FOREIGN CERTIFICATE.         2,144        

      (4)(a)  A limited liability company formed ORGANIZED under   2,147        

Chapter 1705. of the Revised Code for the purpose of rendering     2,149        

public accounting services may assume and OR use the title OR      2,152        

DESIGNATION "certified public accountant," if each member of the   2,155        

company and, if the management of the company is not reserved to   2,156        

its members, each manager of the company is a certified public     2,158        

accountant in good standing under the law of this state or         2,160        

                                                          45     


                                                                 
another state or may assume and use the title "public accountant"  2,161        

if each member of the company and, if the management of the        2,162        

company is not reserved to its members, each manager of the        2,165        

company is a public accountant in good standing under this         2,166        

chapter or those members and, if applicable, managers are either   2,168        

a certified public accountant or a public accountant in good       2,170        

standing under this chapter THE ABBREVIATION "CPA," OR ANY OTHER   2,173        

TITLE, DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN, CARD, OR   2,174        

DEVICE TENDING TO INDICATE THAT THE LIMITED LIABILITY COMPANY IS   2,175        

COMPOSED OF CERTIFIED PUBLIC ACCOUNTANTS IF IT IS A REGISTERED     2,176        

FIRM, IF A MAJORITY OF ITS MEMBERS WHO ARE INDIVIDUALS HOLD A CPA  2,178        

CERTIFICATE OR A FOREIGN CERTIFICATE, AND IF A MAJORITY OF THE     2,180        

OWNERS OF ANY QUALIFIED FIRM THAT IS A MEMBER HOLD A CPA           2,182        

CERTIFICATE OR A FOREIGN CERTIFICATE.                              2,183        

      (b)  A LIMITED LIABILITY COMPANY ORGANIZED UNDER CHAPTER     2,186        

1705. OF THE REVISED CODE MAY ASSUME OR USE THE TITLE OR           2,189        

DESIGNATION "PUBLIC ACCOUNTANT," THE ABBREVIATION "PA," OR ANY     2,190        

OTHER TITLE, DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN,      2,191        

CARD, OR DEVICE TENDING TO INDICATE THAT THE LIMITED LIABILITY     2,192        

COMPANY IS COMPOSED OF PUBLIC ACCOUNTANTS IF IT IS A REGISTERED    2,193        

FIRM, IF A MAJORITY OF THE MEMBERS WHO ARE INDIVIDUALS HOLD A PA   2,195        

REGISTRATION, CPA CERTIFICATE, OR A FOREIGN CERTIFICATE, AND IF A  2,198        

MAJORITY OF THE OWNERS OF ANY QUALIFIED FIRM THAT IS A MEMBER      2,199        

HOLD A PA REGISTRATION, A CPA CERTIFICATE, OR A FOREIGN            2,201        

CERTIFICATE.                                                       2,202        

      (G)(D)  No person INDIVIDUAL shall sign, affix, or           2,205        

associate his THE INDIVIDUAL'S name or any trade or assumed name   2,207        

used by him THE INDIVIDUAL in his THE INDIVIDUAL'S profession or   2,209        

business to any opinion, review report, compilation report,        2,210        

examination report, or agreed-upon procedures report on a          2,211        

financial statement ATTEST REPORT with any wording indicating      2,212        

that he THE INDIVIDUAL is an accountant or auditor, or with any    2,215        

wording accompanying or contained in the opinion or ATTEST report  2,216        

that indicates that he THE INDIVIDUAL has expert knowledge in      2,219        

                                                          46     


                                                                 
accounting or auditing or expert knowledge regarding compliance    2,220        

with conditions established by law or contract, including, but     2,221        

not limited to, statutes, ordinances, regulations, grants, loans,  2,222        

and appropriations, unless he THE INDIVIDUAL holds a live AN OHIO  2,224        

permit issued under section 4701.10 of the Revised Code; provided  2,226        

that.  HOWEVER, this division does not prohibit any officer,       2,228        

employee, partner, or principal of any organization from affixing  2,229        

his THE OFFICER'S, EMPLOYEE'S, PARTNER'S, OR PRINCIPAL'S           2,230        

signature to any statement or report in reference to the           2,231        

financial affairs of that organization with any wording            2,232        

designating the position, title, or office that he THE INDIVIDUAL  2,233        

holds in that organization; and provided that this.  THIS          2,234        

division ALSO does not prohibit any act of a public official or    2,236        

public employee in the performance of his THE PUBLIC OFFICIAL'S    2,237        

OR PUBLIC EMPLOYEE'S duties.                                       2,238        

      (H)(E)  No person shall sign, affix, or associate the name   2,240        

of a partnership, limited liability company, professional          2,242        

association, corporation-for-profit, or other legal entity         2,243        

BUSINESS ORGANIZATION not addressed in another division of this    2,245        

section to any opinion, review report, compilation report,         2,246        

examination report, or agreed-upon procedures report on a          2,247        

financial statement ATTEST REPORT with any wording accompanying    2,248        

or contained in the opinion or ATTEST report that indicates that   2,249        

the partnership, limited liability company, professional           2,251        

association, corporation-for-profit, or other legal entity         2,252        

BUSINESS ORGANIZATION is composed of or employs accountants or     2,255        

auditors or persons having expert knowledge in accounting or                    

auditing or expert knowledge regarding compliance with conditions  2,256        

established by law or contract, including, but not limited to,     2,257        

statutes, ordinances, regulations, grants, loans, and              2,258        

appropriations, unless the partnership is entitled to designate    2,260        

itself as a partnership of certified public accountants under      2,261        

division (B) of this section or as a partnership of public         2,262        

accountants under division (D) of this section and, if it is       2,264        

                                                          47     


                                                                 
required to be registered, is registered under section 4701.04 of  2,265        

the Revised Code or unless the, limited liability company,         2,266        

professional association, or corporation-for-profit is entitled    2,267        

to designate itself as a limited liability company, professional   2,269        

association, or corporation-for-profit of certified public         2,270        

accountants or public accountants under division (F) of this       2,271        

section and, if it is required to be registered, OR OTHER                       

BUSINESS ORGANIZATION is A registered under section 4701.04 of     2,273        

the Revised Code FIRM.                                                          

      (I)(F)  No person INDIVIDUAL WHO DOES not holding a live     2,277        

HOLD AN OHIO permit under section 4701.10 of the Revised Code      2,278        

shall hold himself SELF out to the public as an "accountant" or    2,280        

"auditor" by use of either or both of those words on any sign,     2,281        

card, or letterhead, in any advertisement or directory, or         2,282        

otherwise, without indicating thereon or therein ON THE SIGN,      2,283        

CARD, OR LETTERHEAD, IN THE ADVERTISEMENT OR DIRECTORY, OR IN THE               

OTHER MANNER OF HOLDING OUT that the person does not hold a live   2,285        

AN OHIO permit; provided that.  AN INDIVIDUAL WHO HOLDS A CPA      2,286        

CERTIFICATE AND AN OHIO PERMIT MAY HOLD SELF OUT TO THE PUBLIC AS  2,287        

AN "ACCOUNTANT" OR "AUDITOR."  HOWEVER, this division does not     2,290        

prohibit any officer, employee, partner, or principal of any       2,291        

organization from describing himself SELF by the position, title,  2,293        

or office he THE PERSON holds in that organization; and provided   2,294        

that this.  THIS division ALSO does not prohibit any act of a      2,296        

public official or public employee in the performance of his THE   2,297        

PUBLIC OFFICIAL'S OR PUBLIC EMPLOYEE'S duties.                     2,298        

      (J)(G)  No partnership that is not entitled to designate     2,300        

itself as a partnership of certified public accountants under      2,302        

division (B) of this section or as a partnership of public         2,303        

accountants under division (D) of this section, and no limited     2,304        

liability company, professional association,                       2,306        

corporation-for-profit, LIMITED LIABILITY COMPANY, or other legal  2,307        

entity BUSINESS ORGANIZATION not addressed in another division of  2,308        

this section that is not entitled to assume or use the title       2,309        

                                                          48     


                                                                 
"certified public accountant" or "public accountant" under         2,310        

division (F)(C) of this section, shall hold itself out to the      2,313        

public as a firm, partnership, limited liability company,          2,314        

professional association, corporation-for-profit, LIMITED          2,315        

LIABILITY COMPANY, or other legal entity BUSINESS ORGANIZATION     2,316        

not addressed in another division of this section of AS BEING      2,318        

COMPOSED OF OR EMPLOYING "accountants" or "auditors" by use of     2,320        

either or both of those words on any sign, card, or letterhead,    2,321        

in any advertisement or directory, or otherwise, without           2,322        

indicating thereon or therein ON THE SIGN, CARD, OR LETTERHEAD,    2,323        

IN THE ADVERTISEMENT OR DIRECTORY, OR IN THE OTHER MANNER OF                    

HOLDING OUT that the partnership, limited liability company,       2,326        

professional association, corporation-for-profit, LIMITED          2,327        

LIABILITY COMPANY, or other legal entity BUSINESS ORGANIZATION is  2,328        

not A REGISTERED FIRM AND IS NOT permitted by law to practice as   2,330        

a partnership, limited liability company, professional             2,331        

association, corporation-for-profit, or other legal entity of      2,332        

public accountants PUBLIC ACCOUNTING FIRM.                                      

      (K)(H)  No person shall assume or use the title or           2,334        

designation "certified public accountant" or "public accountant"   2,335        

in conjunction with names indicating or implying that there is a   2,336        

partnership or in conjunction with the designation "and Company"   2,337        

or "and Co." or a similar designation if, in any such case OF      2,339        

THOSE CASES, there is in fact no bona fide partnership entitled    2,340        

to designate itself as a partnership of certified public           2,341        

accountants under division (B)(C)(1)(a) of this section or as a    2,342        

partnership of public accountants under division (D)(C)(1)(b) of   2,344        

this section; provided that.  HOWEVER, a sole proprietor or        2,347        

partnership that was on October 22, 1959, or a corporation that    2,348        

on or after September 30, 1974, has been, lawfully using a title   2,349        

or designation of those types in conjunction with names or         2,350        

designations of those types, may continue to do so if he or it                  

THE SOLE PROPRIETOR, PARTNERSHIP, OR CORPORATION otherwise         2,351        

complies with this section.                                        2,352        

                                                          49     


                                                                 
      (I)(1)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS          2,354        

CHAPTER, AN INDIVIDUAL WHOSE PRINCIPAL PLACE OF BUSINESS IS NOT    2,355        

IN THIS STATE AND WHO HOLDS A VALID FOREIGN CERTIFICATE AS A       2,357        

CERTIFIED PUBLIC ACCOUNTANT SHALL BE PRESUMED TO HAVE              2,358        

QUALIFICATIONS SUBSTANTIALLY EQUIVALENT TO THIS STATE'S CPA        2,360        

REQUIREMENTS AND SHALL HAVE ALL OF THE PRIVILEGES OF A HOLDER OF   2,361        

A CPA CERTIFICATE AND AN OHIO PERMIT WITHOUT THE NEED TO OBTAIN A  2,362        

CPA CERTIFICATE AND AN OHIO PERMIT IF THE ACCOUNTANCY BOARD HAS    2,365        

FOUND AND HAS SPECIFIED IN ITS RULES ADOPTED PURSUANT TO DIVISION  2,366        

(A) OF SECTION 4701.03 OF THE REVISED CODE THAT THE CPA            2,368        

REQUIREMENTS OF THE STATE THAT ISSUED THE INDIVIDUAL'S FOREIGN     2,370        

CERTIFICATE ARE SUBSTANTIALLY EQUIVALENT TO THIS STATE'S CPA       2,371        

REQUIREMENTS.                                                                   

      (2)  ANY INDIVIDUAL EXERCISING THE PRIVILEGE AFFORDED UNDER  2,373        

DIVISION (I)(1) OF THIS SECTION HEREBY CONSENTS AND IS SUBJECT,    2,375        

AS A CONDITION OF THE GRANT OF THE PRIVILEGE, TO ALL OF THE        2,376        

FOLLOWING:                                                                      

      (a)  THE PERSONAL AND SUBJECT MATTER JURISDICTION OF THE     2,378        

ACCOUNTANCY BOARD;                                                 2,379        

      (b)  ALL PRACTICE AND DISCIPLINARY PROVISIONS OF THIS        2,381        

CHAPTER AND THE ACCOUNTANCY BOARD'S RULES;                         2,382        

      (c)  THE APPOINTMENT OF THE BOARD THAT ISSUED THE            2,384        

INDIVIDUAL'S FOREIGN CERTIFICATE AS THE INDIVIDUAL'S AGENT UPON    2,386        

WHOM PROCESS MAY BE SERVED IN ANY ACTION OR PROCEEDING BY THE      2,387        

ACCOUNTANCY BOARD AGAINST THE INDIVIDUAL.                          2,388        

      (3)  THE HOLDER OF A CPA CERTIFICATE AND AN OHIO PERMIT WHO  2,391        

OFFERS OR RENDERS ATTEST SERVICES OR USES THE HOLDER'S CPA TITLE   2,393        

IN ANOTHER STATE SHALL BE SUBJECT TO DISCIPLINARY ACTION IN THIS   2,394        

STATE FOR AN ACT COMMITTED IN THE OTHER STATE FOR WHICH THE        2,396        

HOLDER OF A FOREIGN CERTIFICATE ISSUED BY THE OTHER STATE WOULD    2,397        

BE SUBJECT TO DISCIPLINE IN THE OTHER STATE.                       2,398        

      (4)  THE HOLDER OF A FOREIGN CERTIFICATE WHO OFFERS OR       2,401        

RENDERS ATTEST SERVICES OR USES A CPA TITLE OR DESIGNATION IN      2,402        

THIS STATE PURSUANT TO THE PRIVILEGE AFFORDED BY DIVISION (I)(1)   2,403        

                                                          50     


                                                                 
OF THIS SECTION SHALL BE SUBJECT TO DISCIPLINARY ACTION IN THIS    2,405        

STATE FOR ANY ACT THAT WOULD SUBJECT THE HOLDER OF A CPA           2,406        

CERTIFICATE AND AN OHIO PERMIT TO DISCIPLINARY ACTION IN THIS      2,408        

STATE.                                                                          

      Sec. 4701.16.  (A)  After notice and hearing as provided in  2,420        

Chapter 119. of the Revised Code, the accountancy board may        2,421        

discipline AS DESCRIBED IN DIVISION (B) OF THIS SECTION a          2,422        

registrant or certificate holder as specified in division (B) of   2,425        

this section PERSON HOLDING AN OHIO PERMIT, AN OHIO REGISTRATION,  2,427        

A FIRM REGISTRATION, A CPA CERTIFICATE, OR A PA REGISTRATION OR    2,428        

ANY OTHER PERSON WHOSE ACTIVITIES ARE REGULATED BY THE BOARD for   2,431        

any one or any combination of the following causes:                2,432        

      (1)  Fraud or deceit in registering as a public accounting   2,434        

OBTAINING A firm, REGISTRATION OR in obtaining a CPA certificate   2,437        

as a certified public accountant, or in obtaining a permit to      2,438        

practice accounting pursuant to sections 4701.02 to 4701.19 of     2,439        

the Revised Code, A PA REGISTRATION, AN OHIO PERMIT, OR AN OHIO    2,440        

REGISTRATION;                                                      2,441        

      (2)  Dishonesty, fraud, or gross negligence in the practice  2,443        

of public accounting;                                              2,444        

      (3)  Violation of any of the provisions of section 4701.14   2,446        

of the Revised Code;                                               2,447        

      (4)  Violation of a rule of professional conduct             2,449        

promulgated by the board under the authority granted by sections   2,450        

4701.02 to 4701.22 of the Revised Code THIS CHAPTER;               2,451        

      (5)  Conviction of a felony under the laws of any state or   2,453        

of the United States;                                              2,454        

      (6)  Conviction of any crime, an element of which is         2,456        

dishonesty or fraud, under the laws of any state or of the United  2,457        

States;                                                            2,458        

      (7)  Cancellation, revocation, suspension, or refusal to     2,460        

renew authority to practice as a certified public accountant, a    2,461        

public accountant, or a public accounting firm by any other        2,462        

state, for any cause other than failure to pay registration fees   2,463        

                                                          51     


                                                                 
in such THAT other state;                                          2,464        

      (8)  Suspension or revocation of the right to practice       2,466        

before any state or federal agency;                                2,467        

      (9)  Failure of a certified public accountant or public      2,469        

accountant HOLDER OF A CPA CERTIFICATE OR PA REGISTRATION to       2,471        

obtain the AN OHIO permit required by section 4701.10 of the       2,473        

Revised Code OR AN OHIO REGISTRATION, or THE failure of a public   2,474        

accounting firm to register with the board pursuant to section     2,475        

4701.04 of the Revised Code OBTAIN A FIRM REGISTRATION;            2,476        

      (10)  Conduct discreditable to the public accounting         2,478        

profession OR TO THE HOLDER OF AN OHIO PERMIT, OHIO REGISTRATION,  2,480        

OR FOREIGN CERTIFICATE;                                                         

      (11)  FAILURE OF A PUBLIC ACCOUNTING FIRM TO COMPLY WITH     2,482        

SECTION 4701.04 OF THE REVISED CODE.                               2,483        

      (B)  For any of the reasons specified in division (A) of     2,485        

this section, the board may DO ANY OF THE FOLLOWING:               2,486        

      (1)  Revoke or, suspend, OR REFUSE TO RENEW any CPA          2,489        

certificate issued under section 4701.06 or 4701.061 of the        2,490        

Revised Code OR PA REGISTRATION or any registration granted under  2,492        

section 4701.04 or 4701.07 of the Revised Code OHIO PERMIT, OHIO   2,493        

REGISTRATION, OR FIRM REGISTRATION;                                             

      (2)  Revoke, suspend, or refuse to renew any permit issued   2,495        

under section 4701.10 of the Revised Code DISQUALIFY A PERSON WHO  2,497        

IS NOT A HOLDER OF AN OHIO PERMIT OR A FOREIGN CERTIFICATE FROM    2,499        

OWNING AN EQUITY INTEREST IN A PUBLIC ACCOUNTING FIRM OR           2,500        

QUALIFIED FIRM;                                                                 

      (3)  Publicly censure a registrant REGISTERED FIRM or A      2,502        

holder of a CPA certificate, A PA REGISTRATION, AN OHIO PERMIT,    2,507        

OR AN OHIO REGISTRATION;                                           2,508        

      (4)  Levy AGAINST A REGISTERED FIRM OR A HOLDER OF A CPA     2,512        

CERTIFICATE, A PA REGISTRATION, AN OHIO PERMIT, OR AN OHIO         2,515        

REGISTRATION a penalty OR fine not to exceed one thousand dollars  2,516        

for each offense.  Any fine shall be reasonable and in relation    2,517        

to the severity of the offense.                                    2,518        

                                                          52     


                                                                 
      (5)  In the case of violations of division (A)(2) or (4) of  2,520        

this section, require completion of remedial continuing education  2,521        

programs prescribed by the board in addition to those required by  2,522        

section 4701.11 of the Revised Code;                               2,523        

      (6)  In the case of violations of division (A)(2) or (4) of  2,525        

this section, require the HOLDER OF A CPA certificate holder or    2,527        

registrant, PA REGISTRATION, OR FIRM REGISTRATION to submit to a   2,529        

quality PEER review by a professional committee designated by the  2,531        

board, which committee shall report to the board concerning the    2,532        

certificate holder's or registrant's THAT HOLDER'S compliance      2,533        

with generally accepted accounting principles or, GENERALLY        2,534        

ACCEPTED auditing standards, OR OTHER GENERALLY ACCEPTED           2,536        

TECHNICAL STANDARDS;                                                            

      (7)  REVOKE OR SUSPEND THE PRIVILEGES TO OFFER OR RENDER     2,538        

ATTEST SERVICES IN THIS STATE OR TO USE A CPA TITLE OR             2,539        

DESIGNATION IN THIS STATE OF AN INDIVIDUAL WHO HOLDS A FOREIGN     2,540        

CERTIFICATE.                                                                    

      (C)  Where IF the board levies a fine against or suspends    2,542        

the certificate of a person or registration of a person or firm    2,543        

for a violation of division (A)(2) or (4) of this section, it may  2,544        

waive all or any portion of the fine or suspension where IF the    2,545        

HOLDER OF THE CPA certificate holder or registrant, PA             2,547        

REGISTRATION, OR FIRM REGISTRATION complies fully with division    2,548        

(B)(5) or (6) of this section.                                     2,549        

      Sec. 4701.19.  (A)  All statements, records, schedules,      2,558        

working papers, and memoranda made by a certified public           2,559        

accountant or public accountant incident to or in the course of    2,560        

professional service to clients by the accountant, except reports  2,561        

submitted by a certified public accountant or public accountant    2,562        

to a client, shall be and remain the property of the accountant,   2,563        

in the absence of an express agreement between the accountant and  2,564        

the client to the contrary.  No such statement, record, schedule,  2,565        

working paper, or memorandum OF THAT NATURE shall be sold,         2,566        

transferred, or bequeathed, without the consent of the client or   2,568        

                                                          53     


                                                                 
his THE CLIENT'S personal representative or assignee, to anyone    2,569        

ANY PERSON other than one or more surviving partners or new        2,571        

partners of the accountant.                                                     

      (B)  The statements, records, schedules, working papers,     2,573        

and memoranda made by a certified public accountant or public      2,574        

accountant incident to or in the course of performing an audit of  2,575        

a public office or private entity, except reports submitted by     2,576        

the accountant to the client, are not a public record as defined.  2,578        

STATEMENTS, RECORDS, SCHEDULES, WORKING PAPERS, AND MEMORANDA      2,579        

THAT ARE SO MADE IN AN AUDIT BY A CERTIFIED PUBLIC ACCOUNTANT OR                

PUBLIC ACCOUNTANT AND THAT ARE IN THE POSSESSION OF THE AUDITOR    2,580        

OF STATE ALSO ARE NOT A PUBLIC RECORD.  AS USED IN THIS DIVISION,  2,581        

"PUBLIC RECORD" HAS THE SAME MEANING AS in section 149.43 of the   2,583        

Revised Code.                                                                   

      Sec. 4701.29.  (A)  THE ACCOUNTANCY BOARD MAY INVESTIGATE    2,586        

WHETHER A PERSON HAS VIOLATED ANY PROVISION OF THIS CHAPTER OR     2,587        

RULE ADOPTED UNDER IT BEFORE COMMENCING A DISCIPLINARY PROCEEDING  2,588        

PURSUANT TO SECTION 4701.16 OF THE REVISED CODE OR TAKING LEGAL    2,589        

ACTION PURSUANT TO SECTION 4701.18 OF THE REVISED CODE.  AN        2,591        

INVESTIGATION UNDER THIS SECTION IS NOT SUBJECT TO CHAPTER 119.    2,593        

OF THE REVISED CODE.                                               2,595        

      THE BOARD MAY APPOINT A COMMITTEE OF BOARD MEMBERS OR STAFF  2,598        

EMPLOYED BY THE BOARD TO CONDUCT AN INVESTIGATION.                              

NOTWITHSTANDING ANY STATUTE OR RULE TO THE CONTRARY, A BOARD       2,599        

MEMBER WHO PARTICIPATES IN AN INVESTIGATION MAY PARTICIPATE        2,601        

ACTIVELY IN ANY HEARING OR PROCEEDING TO THE SAME EXTENT AS A      2,602        

BOARD MEMBER WHO DID NOT PARTICIPATE IN THE INVESTIGATION.         2,603        

      (B)  DURING AN INVESTIGATION, THE BOARD MAY ADMINISTER       2,606        

OATHS, ORDER THE TAKING OF DEPOSITIONS, ISSUE SUBPOENAS, COMPEL    2,607        

THE ATTENDANCE AND TESTIMONY OF A PERSON AT A DEPOSITION, AND      2,608        

COMPEL THE PRODUCTION OF ANY FORM OF DOCUMENTARY EVIDENCE OR       2,609        

RECORD.  SUBPOENAS AND ORDERS TO COMPEL UNDER THIS SECTION MAY BE  2,610        

SERVED BY A DESIGNEE OF THE BOARD OR BY CERTIFIED MAIL, RETURN     2,611        

RECEIPT REQUESTED, TO THE RESIDENCE OR PLACE OF BUSINESS OF THE    2,613        

                                                          54     


                                                                 
INDIVIDUAL, PROFESSIONAL ASSOCIATION, FIRM, CORPORATION,                        

PARTNERSHIP, SOLE PROPRIETORSHIP, LIMITED LIABILITY COMPANY, OR    2,615        

OTHER BUSINESS ORGANIZATION NAMED IN THE SUBPOENA OR ORDER.        2,617        

      (C)(1)  ANY WITNESS WHO APPEARS IN RESPONSE TO A SUBPOENA    2,620        

OF THE BOARD MAY REQUEST, AND SHALL RECEIVE WITHIN A REASONABLE    2,621        

TIME AFTER MAKING THE REQUEST, THE FEES AND MILEAGE PROVIDED FOR   2,622        

WITNESSES IN CIVIL CASES IN THE COURTS OF COMMON PLEAS IN THIS     2,623        

STATE.                                                                          

      (2)  IF A PERSON FAILS TO COMPLY WITH A SUBPOENA OR ORDER    2,625        

ISSUED BY THE BOARD UNDER THIS SECTION, THE BOARD MAY APPLY TO     2,627        

THE FRANKLIN COUNTY COURT OF COMMON PLEAS FOR AN ORDER COMPELLING  2,628        

COMPLIANCE WITH THE BOARD'S SUBPOENA OR ORDER.  UPON APPLICATION   2,629        

BY THE BOARD AND UPON EVIDENCE OF THE PERSON'S FAILURE TO COMPLY,  2,630        

THE COURT SHALL COMPEL THE APPEARANCE OF THE PERSONS OR THE        2,631        

PRODUCTION OF THE DOCUMENTS NAMED IN THE BOARD'S SUBPOENA OR       2,632        

ORDER IN ACCORDANCE WITH THE RULES OF CIVIL PROCEDURE.  THE COURT  2,635        

ALSO MAY ISSUE ANY CONTEMPT CITATION AND SANCTION THE COURT DEEMS  2,636        

APPROPRIATE.                                                       2,637        

      (D)  THE INVESTIGATIVE PROCEEDINGS OF THE BOARD UNDER THIS   2,640        

SECTION ARE NOT A PUBLIC RECORD UNDER SECTION 149.43 OF THE        2,641        

REVISED CODE, ARE CONFIDENTIAL, AND ARE NOT SUBJECT TO DISCOVERY   2,642        

IN ANY CIVIL OR ADMINISTRATIVE ACTION OR PROCEEDING.               2,643        

      Section 2.  That existing sections 1111.01, 2925.01,         2,645        

4701.01, 4701.04, 4701.06, 4701.061, 4701.07, 4701.10, 4701.11,    2,646        

4701.12, 4701.13, 4701.14, 4701.16, and 4701.19 of the Revised     2,648        

Code are hereby repealed.                                          2,649        

      Section 3.  Section 2925.01 of the Revised Code is           2,651        

presented in this act as a composite of the section as amended by  2,652        

both Am. Sub. S.B. 66 and Am. Sub. S.B. 117 of the 122nd General   2,654        

Assembly, with the new language of neither of the acts shown in    2,655        

capital letters.  Section 4701.16 of the Revised Code is           2,657        

presented in this act as a composite of the section as amended by  2,658        

both Am. Sub. S.B. 165 and Am. S.B. 316 of the 119th General       2,659        

Assembly, with the new language of neither of the acts shown in    2,661        

                                                          55     


                                                                 
capital letters.  This is in recognition of the principle stated   2,662        

in division (B) of section 1.52 of the Revised Code that such      2,663        

amendments are to be harmonized where not substantively            2,664        

irreconcilable and constitutes a legislative finding that such is  2,665        

the resulting version in effect prior to the effective date of     2,666        

this act.