CORRECTED VERSION As Passed by the House               0/2          

122nd General Assembly                                             0/5          

   Regular Session                             Sub. S. B. No. 200  0/6          

      1997-1998                                                    0/7          


     SENATORS CUPP-WATTS-HERINGTON-HOTTINGER-MUMPER-CARNES-        0/9          

            BLESSING-FINAN-SUHADOLNIK-REPRESENTATIVES              0/10         

          BUCHY-KASPUTIS-CALLENDER-SALERNO-CORBIN-REID-            0/11         

     GRENDELL-PERZ-BENDER-WILLIAMS- WILLAMOWSKI-MOTTL-TIBERI       0/13         


_________________________________________________________________   0/14         

                          A   B I L L                                           

             To amend sections 1111.01, 2925.01, 4701.01,          0/16         

                4701.04, 4701.06, 4701.061, 4701.07, 4701.10,      0/17         

                4701.11, 4701.12, 4701.13, 4701.14, 4701.16, and                

                4701.19 and to enact section 4701.29 of the        19           

                Revised Code to permit certain persons who do not  20           

                hold a certificate or registration to practice as               

                a certified public accountant or public            21           

                accountant to acquire an ownership interest in     22           

                public accounting firms, to add a statutory        23           

                definition of the "practice of public accounting"               

                and modify or add other definitions in the         24           

                Accountancy Board Law, to expand the discipline    26           

                that may be imposed for infractions of that law,                

                and to make other related changes in that law.     27           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        29           

      Section 1.  That sections 1111.01, 2925.01, 4701.01,         31           

4701.04, 4701.06, 4701.061, 4701.07, 4701.10, 4701.11, 4701.12,    33           

4701.13, 4701.14, 4701.16, and 4701.19 be amended and section      35           

4701.29 of the Revised Code be enacted to read as follows:         37           

      Sec. 1111.01.  As used in this chapter:                      46           

      (A)  "Charitable trust" means a charitable remainder         48           

annuity trust as defined in section 664(d) of the Internal         49           

Revenue Code, a charitable remainder unitrust as defined in        50           

                                                          2      


                                                                 
section 664(d) of the Internal Revenue Code, a charitable lead or  51           

other split interest trust subject to the governing instrument     52           

requirements of section 508(e) of the Internal Revenue Code, a     53           

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

Revenue Code, a trust that is a private foundation as defined in   54           

section 509 of the Internal Revenue Code, or a trust of which      55           

each beneficiary is a charity.                                     56           

      For purposes of this division and division (B) of this       58           

section, "Internal Revenue Code" means the "Internal Revenue Code  59           

of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.               60           

      (B)  "Charity" means a state university as defined in        62           

section 3345.011 of the Revised Code, a community college as       64           

defined in section 3354.01 of the Revised Code, a technical                     

college as defined in section 3357.01 of the Revised Code, a       65           

state community college as defined in section 3358.01 of the       66           

Revised Code, a private college or university that possesses a     67           

certificate of authorization issued by the Ohio board of regents   68           

pursuant to Chapter 1713. of the Revised Code, a trust or          69           

organization exempt from taxation under section 501(c)(3) or       70           

section 501(c)(13) of the Internal Revenue Code, or a              72           

corporation, trust, or organization described in section           73           

170(c)(2) of the Internal Revenue Code.  The term "charities"      74           

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

      (C)  "Collective investment fund" means a fund established   76           

by a trust company or an affiliate of a trust company for the      77           

collective investment of assets held in a fiduciary capacity,      78           

either alone or with one or more cofiduciaries, by the             79           

establishing trust company and its affiliates.                                  

      (D)  "Fiduciary investment company" means a corporation      81           

that is both of the following:                                     82           

      (1)  An investment company;                                  84           

      (2)  Incorporated, owned, and operated in accordance with    86           

rules adopted by the superintendent of financial institutions for  87           

the investment of funds held by trust companies in a fiduciary     88           

                                                          3      


                                                                 
capacity and for true fiduciary purposes, either alone or with     89           

one or more cofiduciaries.                                                      

      (E)  "Instrument" includes any will, declaration of trust,   91           

agreement of trust, agency, or custodianship, or court order       92           

creating a fiduciary relationship.                                 93           

      (F)  "Investment company" means any investment company as    95           

defined in section 3 and registered under section 8 of the         96           

"Investment Company Act of 1940," 54 Stat. 789, 15 U.S.C.A. 80a-3  98           

and 80a-8.                                                                      

      (G)  "Trust business" means accepting and executing trusts   100          

of property, serving as a trustee, executor, administrator,        101          

guardian, receiver, or conservator, and providing fiduciary        102          

services as a business.  "Trust business" does not include any of  103          

the following:                                                                  

      (1)  Any natural person acting as a trustee, executor,       105          

administrator, guardian, receiver, or conservator, pursuant to     107          

appointment by a court of competent jurisdiction;                               

      (2)  Any natural person serving as a trustee who does not    110          

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

hire.  For purposes of division (G) of this section, the           112          

solicitation or advertisement of legal or accounting services by   113          

a person licensed in this state as an attorney or a person         114          

holding a live AN OHIO permit to practice public accounting        115          

issued under division (A) of section 4701.10 of the Revised Code   116          

shall not be considered to be the act of holding self out to the   117          

public as willing to act as a trustee for hire.                    118          

      (3)  A charity, an officer or employee of a charity, or a    121          

person affiliated with a charity, serving as trustee of a          122          

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

similar purpose, is a beneficiary;                                 123          

      (4)  Other fiduciary activities the superintendent           125          

determines are not undertaken as a business.                       126          

      Sec. 2925.01.  As used in this chapter:                      135          

      (A)  "Administer," "controlled substance," "dispense,"       137          

                                                          4      


                                                                 
"distribute," "hypodermic," "manufacturer," "official written      139          

order," "person," "pharmacist," "pharmacy," "sale," "schedule I,"  141          

"schedule II," "schedule III," "schedule IV," "schedule V," and    142          

"wholesaler" have the same meanings as in section 3719.01 of the   143          

Revised Code.                                                                   

      (B)  "Drug dependent person" and "drug of abuse" have the    145          

same meanings as in section 3719.011 of the Revised Code.          146          

      (C)  "Drug," "dangerous drug," "licensed health              148          

professional authorized to prescribe drugs," and "prescription"    150          

have the same meanings as in section 4729.01 of the Revised Code.  151          

      (D)  "Bulk amount" of a controlled substance means any of    153          

the following:                                                     154          

      (1)  For any compound, mixture, preparation, or substance    156          

included in schedule I, schedule II, or schedule III, with the     158          

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

except as provided in division (D)(2) or (5) of this section,      160          

whichever of the following is applicable:                                       

      (a)  An amount equal to or exceeding ten grams or            162          

twenty-five unit doses of a compound, mixture, preparation, or     163          

substance that is or contains any amount of a schedule I opiate    164          

or opium derivative;                                               165          

      (b)  An amount equal to or exceeding ten grams of a          168          

compound, mixture, preparation, or substance that is or contains   169          

any amount of raw or gum opium;                                    170          

      (c)  An amount equal to or exceeding thirty grams or ten     173          

unit doses of a compound, mixture, preparation, or substance that  174          

is or contains any amount of a schedule I hallucinogen other than  175          

tetrahydrocannabinol or lysergic acid amide, or a schedule I       178          

stimulant or depressant;                                           179          

      (d)  An amount equal to or exceeding twenty grams or five    182          

times the maximum daily dose in the usual dose range specified in  183          

a standard pharmaceutical reference manual of a compound,          184          

mixture, preparation, or substance that is or contains any amount  185          

of a schedule II opiate or opium derivative;                       186          

                                                          5      


                                                                 
      (e)  An amount equal to or exceeding five grams or ten unit  188          

doses of a compound, mixture, preparation, or substance that is    189          

or contains any amount of phencyclidine;                           190          

      (f)  An amount equal to or exceeding one hundred twenty      192          

grams or thirty times the maximum daily dose in the usual dose     193          

range specified in a standard pharmaceutical reference manual of   194          

a compound, mixture, preparation, or substance that is or          195          

contains any amount of a schedule II stimulant that is in a final  196          

dosage form manufactured by a person authorized by the "Federal    197          

Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A.   199          

301, as amended, and the federal drug abuse control laws, as       200          

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

contains any amount of a schedule II depressant substance or a     202          

schedule II hallucinogenic substance;                                           

      (g)  An amount equal to or exceeding three grams of a        205          

compound, mixture, preparation, or substance that is or contains   206          

any amount of a schedule II stimulant, or any of its salts or      207          

isomers, that is not in a final dosage form manufactured by a      208          

person authorized by the Federal Food, Drug, and Cosmetic Act and  209          

the federal drug abuse control laws.                               210          

      (2)  An amount equal to or exceeding one hundred twenty      213          

grams or thirty times the maximum daily dose in the usual dose     214          

range specified in a standard pharmaceutical reference manual of   216          

a compound, mixture, preparation, or substance that is or          218          

contains any amount of a schedule III or IV substance other than   220          

an anabolic steroid or a schedule III opiate or opium derivative;  221          

      (3)  An amount equal to or exceeding twenty grams or five    223          

times the maximum daily dose in the usual dose range specified in  224          

a standard pharmaceutical reference manual of a compound,          225          

mixture, preparation, or substance that is or contains any amount  227          

of a schedule III opiate or opium derivative;                                   

      (4)  An amount equal to or exceeding two hundred fifty       229          

milliliters or two hundred fifty grams of a compound, mixture,     230          

preparation, or substance that is or contains any amount of a      231          

                                                          6      


                                                                 
schedule V substance;                                              232          

      (5)  An amount equal to or exceeding two hundred solid       235          

dosage units, sixteen grams, or sixteen milliliters of a           236          

compound, mixture, preparation, or substance that is or contains   237          

any amount of a schedule III anabolic steroid.                     238          

      (E)  "Unit dose" means an amount or unit of a compound,      240          

mixture, or preparation containing a controlled substance that is  241          

separately identifiable and in a form that indicates that it is    243          

the amount or unit by which the controlled substance is            244          

separately administered to or taken by an individual.              245          

      (F)  "Cultivate" includes planting, watering, fertilizing,   247          

or tilling.                                                        248          

      (G)  "Drug abuse offense" means any of the following:        250          

      (1)  A violation of division (A) of section 2913.02 that     252          

constitutes theft of drugs, or a violation of section 2925.02,     253          

2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13,     254          

2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the     256          

Revised Code;                                                                   

      (2)  A violation of an existing or former law of this or     258          

any other state or of the United States that is substantially      259          

equivalent to any section listed in division (G)(1) of this        260          

section;                                                           261          

      (3)  An offense under an existing or former law of this or   263          

any other state, or of the United States, of which planting,       264          

cultivating, harvesting, processing, making, manufacturing,        265          

producing, shipping, transporting, delivering, acquiring,          266          

possessing, storing, distributing, dispensing, selling, inducing   267          

another to use, administering to another, using, or otherwise      268          

dealing with a controlled substance is an element;                 269          

      (4)  A conspiracy to commit, attempt to commit, or           271          

complicity in committing or attempting to commit any offense       272          

under division (G)(1), (2), or (3) of this section.                273          

      (H)  "Felony drug abuse offense" means any drug abuse        275          

offense that would constitute a felony under the laws of this      276          

                                                          7      


                                                                 
state, any other state, or the United States.                      277          

      (I)  "Harmful intoxicant" does not include beer or           279          

intoxicating liquor but means any compound, mixture, preparation,  281          

or substance the gas, fumes, or vapor of which when inhaled can    282          

induce intoxication, excitement, giddiness, irrational behavior,   283          

depression, stupefaction, paralysis, unconsciousness,              284          

asphyxiation, or other harmful physiological effects, and          285          

includes, but is not limited to, any of the following:             286          

      (1)  Any volatile organic solvent, plastic cement, model     288          

cement, fingernail polish remover, lacquer thinner, cleaning       289          

fluid, gasoline, or other preparation containing a volatile        290          

organic solvent;                                                   291          

      (2)  Any aerosol propellant;                                 293          

      (3)  Any fluorocarbon refrigerant;                           295          

      (4)  Any anesthetic gas.                                     297          

      (J)  "Manufacture" means to plant, cultivate, harvest,       299          

process, make, prepare, or otherwise engage in any part of the     300          

production of a drug, by propagation, extraction, chemical         301          

synthesis, or compounding, or any combination of the same, and     302          

includes packaging, repackaging, labeling, and other activities    303          

incident to production.                                            304          

      (K)  "Possess" or "possession" means having control over a   306          

thing or substance, but may not be inferred solely from mere       307          

access to the thing or substance through ownership or occupation   308          

of the premises upon which the thing or substance is found.        309          

      (L)  "Sample drug" means a drug or pharmaceutical            311          

preparation that would be hazardous to health or safety if used    312          

without the supervision of a licensed health professional          314          

authorized to prescribe drugs, or a drug of abuse, and that, at    315          

one time, had been placed in a container plainly marked as a       316          

sample by a manufacturer.                                                       

      (M)  "Standard pharmaceutical reference manual" means the    318          

current edition, with cumulative changes if any, of any of the     319          

following reference works:                                         320          

                                                          8      


                                                                 
      (1)  "The National Formulary";                               322          

      (2)  "The United States Pharmacopeia," prepared by           324          

authority of the United States Pharmacopeial Convention, Inc.;     325          

      (3)  Other standard references that are approved by the      327          

state board of pharmacy.                                           328          

      (N)  "Juvenile" means a person under eighteen years of age.  330          

      (O)  "Counterfeit controlled substance" means any of the     332          

following:                                                         333          

      (1)  Any drug that bears, or whose container or label        335          

bears, a trademark, trade name, or other identifying mark used     336          

without authorization of the owner of rights to that trademark,    337          

trade name, or identifying mark;                                   338          

      (2)  Any unmarked or unlabeled substance that is             340          

represented to be a controlled substance manufactured, processed,  341          

packed, or distributed by a person other than the person that      342          

manufactured, processed, packed, or distributed it;                343          

      (3)  Any substance that is represented to be a controlled    345          

substance but is not a controlled substance or is a different      346          

controlled substance;                                              347          

      (4)  Any substance other than a controlled substance that a  349          

reasonable person would believe to be a controlled substance       350          

because of its similarity in shape, size, and color, or its        351          

markings, labeling, packaging, distribution, or the price for      352          

which it is sold or offered for sale.                              353          

      (P)  An offense is "committed in the vicinity of a school"   355          

if the offender commits the offense on school premises, in a       356          

school building, or within one thousand feet of the boundaries of  357          

any school premises.                                                            

      (Q)  "School" means any school operated by a board of        359          

education or any school for which the state board of education     360          

prescribes minimum standards under section 3301.07 of the Revised  361          

Code, whether or not any instruction, extracurricular activities,  362          

or training provided by the school is being conducted at the time  363          

a criminal offense is committed.                                   364          

                                                          9      


                                                                 
      (R)  "School premises" means either of the following:        366          

      (1)  The parcel of real property on which any school is      368          

situated, whether or not any instruction, extracurricular          369          

activities, or training provided by the school is being conducted  370          

on the premises at the time a criminal offense is committed;       371          

      (2)  Any other parcel of real property that is owned or      373          

leased by a board of education of a school or the governing body   374          

of a school for which the state board of education prescribes      375          

minimum standards under section 3301.07 of the Revised Code and    376          

on which some of the instruction, extracurricular activities, or   377          

training of the school is conducted, whether or not any            378          

instruction, extracurricular activities, or training provided by   379          

the school is being conducted on the parcel of real property at    380          

the time a criminal offense is committed.                          381          

      (S)  "School building" means any building in which any of    383          

the instruction, extracurricular activities, or training provided  384          

by a school is conducted, whether or not any instruction,          385          

extracurricular activities, or training provided by the school is  386          

being conducted in the school building at the time a criminal      387          

offense is committed.                                              388          

      (T)  "Disciplinary counsel" means the disciplinary counsel   390          

appointed by the board of commissioners on grievances and          391          

discipline of the supreme court under the Rules for the            392          

Government of the Bar of Ohio.                                     393          

      (U)  "Certified grievance committee" means a duly            395          

constituted and organized committee of the Ohio state bar          396          

association or of one or more local bar associations of the state  397          

of Ohio that complies with the criteria set forth in Rule V,       398          

section 6 of the Rules for the Government of the Bar of Ohio.      399          

      (V)  "Professional license" means any license, permit,       401          

certificate, registration, qualification, admission, temporary     402          

license, temporary permit, temporary certificate, or temporary     403          

registration that is described in divisions (W)(1) to (35) of      404          

this section and that qualifies a person as a professionally       405          

                                                          10     


                                                                 
licensed person.                                                   406          

      (W)  "Professionally licensed person" means any of the       408          

following:                                                         409          

      (1)  A person who has obtained a license as a manufacturer   411          

of controlled substances or a wholesaler of controlled substances  412          

under Chapter 3719. of the Revised Code;                           413          

      (2)  A person who has received a certificate or temporary    415          

certificate as a certified public accountant or who has            416          

registered as a public accountant under Chapter 4701. of the       417          

Revised Code and who holds a live AN OHIO permit issued under      419          

that chapter;                                                      420          

      (3)  A person who holds a certificate of qualification to    422          

practice architecture issued or renewed and registered under       423          

Chapter 4703. of the Revised Code;                                 424          

      (4)  A person who is registered as a landscape architect     426          

under Chapter 4703. of the Revised Code or who holds a permit as   427          

a landscape architect issued under that chapter;                   428          

      (5)  A person licensed as an auctioneer or apprentice        430          

auctioneer or licensed to operate an auction company under         431          

Chapter 4707. of the Revised Code;                                 432          

      (6)  A person who has been issued a certificate of           434          

registration as a registered barber under Chapter 4709. of the     435          

Revised Code;                                                      436          

      (7)  A person licensed and regulated to engage in the        438          

business of a debt pooling company by a legislative authority,     439          

under authority of Chapter 4710. of the Revised Code;              440          

      (8)  A person who has been issued a cosmetologist's          442          

license, manicurist's license, esthetician's license, managing     443          

cosmetologist's license, managing manicurist's license, managing   444          

esthetician's license, cosmetology instructor's license,           445          

manicurist instructor's license, esthetician instructor's          446          

license, or tanning facility permit under Chapter 4713. of the     447          

Revised Code;                                                      448          

      (9)  A person who has been issued a license to practice      450          

                                                          11     


                                                                 
dentistry, a general anesthesia permit, a conscious intravenous    451          

sedation permit, a limited resident's license, a limited teaching  452          

license, a dental hygienist's license, or a dental hygienist's     453          

teacher's certificate under Chapter 4715. of the Revised Code;     454          

      (10)  A person who has been issued an embalmer's license, a  456          

funeral director's license, a funeral home license, or a           457          

crematory license, or who has been registered for an embalmer's    458          

or funeral director's apprenticeship under Chapter 4717. of the    459          

Revised Code;                                                                   

      (11)  A person who has been licensed as a registered nurse   461          

or practical nurse, or who has been issued a certificate for the   462          

practice of nurse-midwifery under Chapter 4723. of the Revised     463          

Code;                                                              464          

      (12)  A person who has been licensed to practice optometry   466          

or to engage in optical dispensing under Chapter 4725. of the      467          

Revised Code;                                                      468          

      (13)  A person licensed to act as a pawnbroker under         470          

Chapter 4727. of the Revised Code;                                 471          

      (14)  A person licensed to act as a precious metals dealer   473          

under Chapter 4728. of the Revised Code;                           474          

      (15)  A person licensed as a pharmacist, a pharmacy intern,  477          

a wholesale distributor of dangerous drugs, or a terminal                       

distributor of dangerous drugs under Chapter 4729. of the Revised  478          

Code;                                                              479          

      (16)  A person who is authorized to practice as a physician  481          

assistant under Chapter 4730. of the Revised Code;                 482          

      (17)  A person who has been issued a certificate to          484          

practice medicine and surgery, osteopathic medicine and surgery,   485          

a limited branch of medicine or surgery, or podiatry under         486          

Chapter 4731. of the Revised Code;                                 487          

      (18)  A person licensed as a psychologist or school          489          

psychologist under Chapter 4732. of the Revised Code;              490          

      (19)  A person registered to practice the profession of      492          

engineering or surveying under Chapter 4733. of the Revised Code;  493          

                                                          12     


                                                                 
      (20)  A person who has been issued a license to practice     496          

chiropractic under Chapter 4734. of the Revised Code;                           

      (21)  A person licensed to act as a real estate broker,      498          

real estate salesperson, limited real estate broker, or limited    499          

real estate salesperson under Chapter 4735. of the Revised Code;   500          

      (22)  A person registered as a registered sanitarian under   502          

Chapter 4736. of the Revised Code;                                 503          

      (23)  A person licensed to operate or maintain a junkyard    505          

under Chapter 4737. of the Revised Code;                           506          

      (24)  A person who has been issued a motor vehicle salvage   508          

dealer's license under Chapter 4738. of the Revised Code;          509          

      (25)  A person who has been licensed to act as a steam       511          

engineer under Chapter 4739. of the Revised Code;                  512          

      (26)  A person who has been issued a license or temporary    514          

permit to practice veterinary medicine or any of its branches, or  515          

who is registered as a graduate animal technician under Chapter    516          

4741. of the Revised Code;                                         517          

      (27)  A person who has been issued a hearing aid dealer's    519          

or fitter's license or trainee permit under Chapter 4747. of the   520          

Revised Code;                                                      521          

      (28)  A person who has been issued a class A, class B, or    523          

class C license or who has been registered as an investigator or   524          

security guard employee under Chapter 4749. of the Revised Code;   525          

      (29)  A person licensed and registered to practice as a      527          

nursing home administrator under Chapter 4751. of the Revised      528          

Code;                                                              529          

      (30)  A person licensed to practice as a speech-language     531          

pathologist or audiologist under Chapter 4753. of the Revised      533          

Code;                                                                           

      (31)  A person issued a license as an occupational           535          

therapist or physical therapist under Chapter 4755. of the         536          

Revised Code;                                                      537          

      (32)  A person who is licensed as a professional clinical    539          

counselor or professional counselor, licensed as a social worker   540          

                                                          13     


                                                                 
or independent social worker, or registered as a social work       541          

assistant under Chapter 4757. of the Revised Code;                 542          

      (33)  A person issued a license to practice dietetics under  544          

Chapter 4759. of the Revised Code;                                 545          

      (34)  A person who has been issued a license or limited      548          

permit to practice respiratory therapy under Chapter 4761. of the  549          

Revised Code;                                                      550          

      (35)  A person who has been issued a real estate appraiser   552          

certificate under Chapter 4763. of the Revised Code.               553          

      (X)  "Cocaine" means any of the following:                   555          

      (1)  A cocaine salt, isomer, or derivative, a salt of a      557          

cocaine isomer or derivative, or the base form of cocaine;         558          

      (2)  Coca leaves or a salt, compound, derivative, or         560          

preparation of coca leaves, including ecgonine, a salt, isomer,    561          

or derivative of ecgonine, or a salt of an isomer or derivative    562          

of ecgonine;                                                       563          

      (3)  A salt, compound, derivative, or preparation of a       565          

substance identified in division (X)(1) or (2) of this section     567          

that is chemically equivalent to or identical with any of those    568          

substances, except that the substances shall not include           569          

decocainized coca leaves or extraction of coca leaves if the       570          

extractions do not contain cocaine or ecgonine.                    571          

      (Y)  "L.S.D." means lysergic acid diethylamide.              574          

      (Z)  "Hashish" means the resin or a preparation of the       576          

resin contained in marihuana, whether in solid form or in a        577          

liquid concentrate, liquid extract, or liquid distillate form.     578          

      (AA)  "Marihuana" has the same meaning as in section         580          

3719.01 of the Revised Code, except that it does not include       582          

hashish.                                                                        

      (BB)  An offense is "committed in the vicinity of a          584          

juvenile" if the offender commits the offense within one hundred   586          

feet of a juvenile or within the view of a juvenile, regardless    587          

of whether the offender knows the age of the juvenile, whether     588          

the offender knows the offense is being committed within one       589          

                                                          14     


                                                                 
hundred feet of or within view of the juvenile, or whether the     590          

juvenile actually views the commission of the offense.                          

      (CC)  "Presumption for a prison term" or "presumption that   592          

a prison term shall be imposed" means a presumption, as described  593          

in division (D) of section 2929.13 of the Revised Code, that a     594          

prison term is a necessary sanction for a felony in order to       595          

comply with the purposes and principles of sentencing under        596          

section 2929.11 of the Revised Code.                                            

      (DD)  "Major drug offender" has the same meaning as in       598          

section 2929.01 of the Revised Code.                               599          

      (EE)  "Minor drug possession offense" means either of the    601          

following:                                                         602          

      (1)  A violation of section 2925.11 of the Revised Code as   604          

it existed prior to July 1, 1996;                                  605          

      (2)  A violation of section 2925.11 of the Revised Code as   607          

it exists on and after July 1, 1996, that is a misdemeanor or a    608          

felony of the fifth degree.                                        609          

      (FF)  "Mandatory prison term" has the same meaning as in     612          

section 2929.01 of the Revised Code.                                            

      (GG)  "Crack cocaine" means a compound, mixture,             614          

preparation, or substance that is or contains any amount of        615          

cocaine that is analytically identified as the base form of        616          

cocaine or that is in a form that resembles rocks or pebbles       617          

generally intended for individual use.                                          

      Sec. 4701.01.  As used in this chapter:                      626          

      (A)  "Live permit" means a permit issued under section       628          

4701.10 of the Revised Code that is not suspended or revoked       629          

PRACTICE OF PUBLIC ACCOUNTING" MEANS PERFORMING OR OFFERING TO     631          

PERFORM ANY ENGAGEMENT THAT WILL RESULT IN THE ISSUANCE OF AN      632          

ATTEST REPORT AND, WITH RESPECT TO A PERSON WHO HOLDS A CPA        633          

CERTIFICATE, PA REGISTRATION, FOREIGN CERTIFICATE, OR FIRM         635          

REGISTRATION, ANY OTHER SERVICES INVOLVING THE USE OF ACCOUNTING   636          

OR AUDITING SKILLS AS ESTABLISHED BY RULES ADOPTED BY THE          637          

ACCOUNTANCY BOARD.                                                              

                                                          15     


                                                                 
      (B)  "Public accounting firm" means a sole proprietorship,   639          

a partnership, a limited liability company, a professional         640          

association, a corporation-for-profit, or any other legal entity   641          

BUSINESS ORGANIZATION that is permitted by the accountancy board   643          

to engage ENGAGED in the practice of public accounting in this     644          

state.                                                             645          

      (C)  "Opinion on a financial statement REPORT" means any     647          

opinion ON A FINANCIAL STATEMENT THAT IS expressed in accordance   648          

with generally accepted auditing standards as to the fairness of   650          

presentation of information AND THAT IS used for guidance in       652          

financial transactions or, for accounting, or for assessing the    654          

status or performance of commercial and noncommercial              655          

enterprises, whether public, private, or governmental.             656          

      (D)  "Quality PEER review" means a study, appraisal, or      658          

review of one or more aspects of the professional work of a        659          

public accounting firm that meets the standards and requirements   660          

set forth by the accountancy board.                                661          

      (E)  "Review report on a financial statement" means either   663          

of the following:                                                  664          

      (1)  Any review report ON A FINANCIAL STATEMENT THAT IS      666          

issued with respect to any of the following:                       668          

      (a)  Interim financial information in accordance with        670          

generally accepted auditing standards;                             671          

      (b)  The financial information of a nonpublic entity in      673          

accordance with statements on standards for accounting and review  674          

services;                                                          675          

      (c)  The reliability of another party's written assertion    677          

in accordance with statements on standards for attestation         678          

engagements.                                                       679          

      (2)  Any other review report ON A FINANCIAL STATEMENT THAT   681          

IS NOT DESCRIBED IN DIVISION (E)(1) OF THIS SECTION AND THAT IS    682          

issued in accordance with standards promulgated by the American    684          

institute of certified public accountants.                         685          

      (F)  "Compilation report on a financial statement" means     687          

                                                          16     


                                                                 
any compilation report ON A FINANCIAL STATEMENT THAT IS issued     688          

with respect to financial information of a nonpublic entity in     690          

accordance with statements on standards for accounting and review  691          

services as promulgated by the American institute of certified     692          

public accountants.                                                             

      (G)  "Examination report on a financial statement" means     694          

any examination report ON A FINANCIAL STATEMENT THAT IS issued     695          

with respect to another party's written assertion in accordance    697          

with statements on standards for attestation engagements as        698          

promulgated by the American institute of certified public          699          

accountants.                                                                    

      (H)  "Agreed-upon procedures report on a financial           701          

statement" means any report THAT IS ON A FINANCIAL STATEMENT AND   702          

THAT IS based on agreed-upon procedures issued with respect to     704          

another party's written assertion in accordance with statements    705          

on standards for attestation engagements as promulgated by the     706          

American institute of certified public accountants.                707          

      (I)  "QUALIFIED FIRM" MEANS A SOLE PROPRIETORSHIP,           710          

PARTNERSHIP, PROFESSIONAL ASSOCIATION, CORPORATION-FOR-PROFIT,     711          

LIMITED LIABILITY COMPANY, OR OTHER BUSINESS ORGANIZATION IN       712          

WHICH THE INDIVIDUALS WHO OWN A MAJORITY OF THE BUSINESS           713          

ORGANIZATION INTERESTS IN THE BUSINESS ORGANIZATION AND CONTROL    715          

THE BUSINESS ORGANIZATION HOLD AN OHIO PERMIT OR A FOREIGN         716          

CERTIFICATE.                                                       717          

      (J)  "OWN" MEANS ANY DIRECT OR INDIRECT OWNERSHIP OF AN      720          

EQUITY INTEREST IN A PUBLIC ACCOUNTING FIRM OR QUALIFIED FIRM.     721          

      (K)  "CONTROL" OR "CONTROLLED" MEANS THE RIGHT TO EXERCISE   724          

THE MAJORITY OF THE VOTING EQUITY INTERESTS IN A PUBLIC            725          

ACCOUNTING FIRM OR QUALIFIED FIRM WITH RESPECT TO ANY MATTER.      727          

      (L)  "EQUITY INTEREST" MEANS ANY CAPITAL INTEREST OR PROFIT  730          

INTEREST IN A SOLE PROPRIETORSHIP, PARTNERSHIP, PROFESSIONAL       732          

ASSOCIATION, CORPORATION-FOR-PROFIT, LIMITED LIABILITY COMPANY,    733          

OR OTHER BUSINESS ORGANIZATION.                                                 

      (M)  "OHIO PERMIT" MEANS A PERMIT TO PRACTICE PUBLIC         736          

                                                          17     


                                                                 
ACCOUNTING ISSUED UNDER DIVISION (A) OF SECTION 4701.10 OF THE     738          

REVISED CODE THAT IS NOT REVOKED OR SUSPENDED.                     739          

      (N)  "OHIO REGISTRATION" MEANS THE REGISTRATION UNDER        742          

DIVISION (B) OF SECTION 4701.10 OF THE REVISED CODE OF A HOLDER    743          

OF A CPA CERTIFICATE OR PA REGISTRATION WHO IS NOT IN THE          746          

PRACTICE OF PUBLIC ACCOUNTING IN THIS STATE.                                    

      (O)  "FIRM REGISTRATION" OR "REGISTERED FIRM" MEANS          749          

REGISTRATION AS A PUBLIC ACCOUNTING FIRM UNDER SECTION 4701.04 OF  750          

THE REVISED CODE.                                                               

      (P)  "PA REGISTRATION" MEANS REGISTRATION AS A PUBLIC        753          

ACCOUNTANT UNDER SECTION 4701.07 OF THE REVISED CODE THAT IS NOT   754          

REVOKED OR SUSPENDED.                                              755          

      (Q)  "CPA CERTIFICATE" MEANS A CERTIFICATE ISSUED UNDER      758          

SECTION 4701.06 OR 4701.061 OF THE REVISED CODE THAT IS NOT        759          

REVOKED OR SUSPENDED.                                              760          

      (R)  "FOREIGN CERTIFICATE" MEANS A CERTIFICATE OF A          763          

CERTIFIED PUBLIC ACCOUNTANT ISSUED UNDER THE LAWS OF ANOTHER       764          

STATE.                                                                          

      (S)  "ATTEST REPORT" MEANS AN OPINION REPORT, REVIEW         767          

REPORT, COMPILATION REPORT, EXAMINATION REPORT, AGREED-UPON        768          

PROCEDURES REPORT, OR ANY SIMILAR REPORT PREPARED IN ACCORDANCE    769          

WITH STANDARDS ESTABLISHED BY THE AMERICAN INSTITUTE OF CERTIFIED  770          

PUBLIC ACCOUNTANTS WITH RESPECT TO A FINANCIAL STATEMENT OR OTHER  771          

FINANCIAL INFORMATION.                                             772          

      (T)  "PERSON" MEANS ANY INDIVIDUAL, CORPORATION-FOR-PROFIT,  775          

BUSINESS TRUST, ESTATE, PARTNERSHIP, LIMITED LIABILITY COMPANY,    776          

PROFESSIONAL ASSOCIATION, OR OTHER BUSINESS ORGANIZATION.          777          

      (U)  Technical terms that define specific public accounting  779          

engagements have the same meanings as in the professional          780          

standards promulgated by the American institute of certified       781          

public accountants.                                                782          

      (V)(1)  "GOOD MORAL CHARACTER" MEANS THE COMBINATION OF      784          

PERSONAL TRAITS OF HONESTY, INTEGRITY, ATTENTION TO DUTY,          785          

FORTHRIGHTNESS, AND SELF-RESTRAINT THAT ENABLES A PERSON TO        786          

                                                          18     


                                                                 
DISCHARGE THE DUTIES OF THE ACCOUNTING PROFESSION FULLY AND        787          

FAITHFULLY.                                                        788          

      (2)  A HISTORY OF DISHONEST ACTS OR FELONIOUS ACTS OR        790          

CONVICTIONS IS SUFFICIENT TO PROVE LACK OF GOOD MORAL CHARACTER    791          

IF THAT HISTORY DEMONSTRATES BY A PREPONDERANCE OF THE EVIDENCE    792          

THAT THE PERSON LACKS ONE OR MORE OF THE PERSONAL TRAITS REFERRED  793          

TO IN DIVISION (V)(1) OF THIS SECTION.  A PERSON WHO HAS A FELONY  795          

CONVICTION RELATED TO ONE OR MORE OF THOSE PERSONAL TRAITS BEARS   796          

THE BURDEN OF ESTABLISHING THE PERSON'S PRESENT GOOD MORAL                      

CHARACTER, INCLUDING THE PERSON'S FULL AND COMPLETE                797          

REHABILITATION SUBSEQUENT TO THE CONVICTION.  IF LESS THAN ONE     798          

YEAR HAS PASSED SINCE THE COMPLETION OF THE PERSON'S SENTENCE ON   800          

A FELONY CONVICTION, INCLUDING ANY PERIOD UNDER A COMMUNITY        801          

CONTROL SANCTION OR POST-RELEASE CONTROL, THE BOARD MAY DELAY ANY  802          

DETERMINATION OF THE PERSON'S GOOD MORAL CHARACTER UNTIL ONE YEAR  803          

HAS PASSED FROM THE TIME OF THE COMPLETION OF THAT SENTENCE.       804          

      (3)  IN DETERMINING WHETHER A PERSON WHO HAS A FELONY        806          

CONVICTION HAS MET THE PERSON'S BURDEN OF PROOF DESCRIBED IN       808          

DIVISION (V)(2) OF THIS SECTION, THE ACCOUNTANCY BOARD MAY         810          

CONSIDER THE FOLLOWING FACTORS:                                                 

      (a)  THE PERSON'S PATH TOWARD PROFESSIONAL LICENSING         812          

FOLLOWING COMPLETION OF THE PERSON'S SENTENCE;                     813          

      (b)  THE NATURE AND DEGREE OF THE PERSON'S ACADEMIC          815          

ACHIEVEMENTS;                                                      816          

      (c)  THE NATURE AND DEGREE OF THE PERSON'S EMPLOYMENT        818          

FOLLOWING COMPLETION OF THE PERSON'S SENTENCE;                     819          

      (d)  THE PERSON'S DEGREE OF SELF-SUFFICIENCY FOLLOWING       821          

COMPLETION OF THE PERSON'S SENTENCE;                               822          

      (e)  THE NATURE AND DEGREE OF THE PERSON'S OTHER             824          

RESPONSIBILITIES FOLLOWING COMPLETION OF THE PERSON'S SENTENCE;    825          

      (f)  THE PERSON'S CONVICTION FOR ANY OTHER CRIMINAL OFFENSE  828          

SINCE COMPLETION OF THE PERSON'S SENTENCE FOR THE PERSON'S FIRST   829          

FELONY CONVICTION;                                                              

      (g)  WHETHER THE PERSON'S APPLICATION OR PRESENTATION        831          

                                                          19     


                                                                 
CONTAINS ANY INCONSISTENCIES OR MISLEADING EXPLANATIONS THAT       832          

CONVINCE THE BOARD THAT EITHER THE PERSON OR THE PERSON'S          833          

ATTORNEY IS TRYING TO KEEP THE BOARD FROM ACQUIRING A TRUE,        834          

THOUGH DAMAGING, REPRESENTATION OF THE PERSON'S CHARACTER;         835          

      (h)  THE NATURE AND CIRCUMSTANCES OF THE DISHONEST ACTS OR   837          

FELONIOUS ACTS OR CONVICTIONS OF THE PERSON;                       838          

      (i)  ANY OTHER SPECIFICALLY IDENTIFIABLE INFORMATION THAT    840          

THE BOARD DETERMINES TO BE RELEVANT TO THE PERSON'S ABILITY TO     841          

DISCHARGE THE DUTIES OF THE ACCOUNTING PROFESSION FULLY AND        842          

FAITHFULLY.                                                        843          

      Sec. 4701.04.  (A)  No public accounting firm shall ENGAGE   853          

IN THE practice under the firm's name OF PUBLIC ACCOUNTING in      854          

this state unless it registers with the accountancy board and      855          

pays a registration fee set by the board.                          856          

      (B)  New public PUBLIC accounting firms shall apply for      858          

initial registration within ninety days of AFTER formation OR      859          

WITHIN NINETY DAYS AFTER THE COMMENCEMENT OF PRACTICING PUBLIC     860          

ACCOUNTING IN THIS STATE.  All public accounting firms shall       862          

renew their registration triennially.  All public accounting       863          

firms shall submit with their initial and renewal registration     864          

applications a ALL OF THE FOLLOWING:                                            

      (1)  A list of the names, addresses, and certificate OR      867          

REGISTRATION numbers of all license holders INDIVIDUALS WHO HOLD   868          

AN OHIO PERMIT AND WHO OWN AN EQUITY INTEREST IN THE PUBLIC        869          

ACCOUNTING FIRM OR ARE employed by them THE PUBLIC ACCOUNTING      871          

FIRM;                                                                           

      (2)  A LIST OF THE NAMES AND ADDRESSES OF EACH PERSON WHO    873          

DOES NOT HOLD AN OHIO PERMIT OR A FOREIGN CERTIFICATE AND WHO      874          

OWNS AN EQUITY INTEREST IN THE PUBLIC ACCOUNTING FIRM IF THE       877          

PERSON'S PRINCIPAL PLACE OF BUSINESS IS LOCATED IN THIS STATE;     879          

      (3)  A STATEMENT THAT THE PUBLIC ACCOUNTING FIRM AND EACH    881          

PERSON WHO OWNS AN EQUITY INTEREST IN THE PUBLIC ACCOUNTING FIRM   882          

OR IS EMPLOYED BY THE PUBLIC ACCOUNTING FIRM AND WHO DOES NOT      883          

HOLD AN OHIO PERMIT OR A FOREIGN CERTIFICATE IS IN COMPLIANCE      885          

                                                          20     


                                                                 
WITH DIVISIONS (C) AND (D) OF THIS SECTION.                        887          

      (C)  A PUBLIC ACCOUNTING FIRM SHALL SATISFY ALL OF THE       890          

FOLLOWING REQUIREMENTS IN ORDER TO REGISTER:                       891          

      (1)  EXCEPT AS PROVIDED IN DIVISION (C)(5) OF THIS SECTION,  894          

EACH PARTNER, SHAREHOLDER, MEMBER, OR OTHER PERSON WHO OWNS AN     895          

EQUITY INTEREST IN THE PUBLIC ACCOUNTING FIRM SHALL HOLD AN OHIO   897          

PERMIT OR A FOREIGN CERTIFICATE.                                                

      (2)  THE CHIEF EXECUTIVE OF ANY OFFICE OF A PUBLIC           899          

ACCOUNTING FIRM LOCATED IN OR DOING BUSINESS IN THIS STATE SHALL   900          

HOLD AN OHIO PERMIT OR A FOREIGN CERTIFICATE.                      901          

      (3)  EACH INDIVIDUAL IN A PUBLIC ACCOUNTING FIRM WHO SIGNS   904          

ANY ATTEST REPORT ISSUED FROM AN OFFICE OF THE PUBLIC ACCOUNTING                

FIRM LOCATED IN THIS STATE SHALL HOLD AN OHIO PERMIT.              907          

      (4)  AN INDIVIDUAL WHO OWNS AN EQUITY INTEREST IN THE        909          

PUBLIC ACCOUNTING FIRM OR IS EMPLOYED BY THE PUBLIC ACCOUNTING     910          

FIRM AND WHO HOLDS AN OHIO PERMIT OR A FOREIGN CERTIFICATE, OR A   912          

QUALIFIED FIRM THAT OWNS AN EQUITY INTEREST IN THE PUBLIC                       

ACCOUNTING FIRM, SHALL ASSUME ULTIMATE RESPONSIBILITY FOR ANY      914          

ATTEST REPORT ISSUED FROM AN OFFICE OF THE PUBLIC ACCOUNTING FIRM  916          

LOCATED IN THIS STATE.                                                          

      (5)  ANY PERSON WHO DOES NOT HOLD AN OHIO PERMIT OR A        919          

FOREIGN CERTIFICATE AND WHO HOLDS AN EQUITY INTEREST IN THE        922          

PUBLIC ACCOUNTING FIRM SHALL SATISFY THE CONDITIONS SET FORTH IN                

DIVISION (D) OF THIS SECTION.                                      923          

      (6)  THE PUBLIC ACCOUNTING FIRM SHALL PROVIDE FOR THE        925          

TRANSFER OF THE EQUITY INTEREST OWNED BY PERSONS WHO DO NOT HOLD   926          

AN OHIO PERMIT OR A FOREIGN CERTIFICATE TO EITHER THE PUBLIC       927          

ACCOUNTING FIRM OR TO ANOTHER PERSON WHO OWNS AN EQUITY INTEREST   930          

IN THE FIRM IF A PERSON WHO DOES NOT HOLD AN OHIO PERMIT OR A      932          

FOREIGN CERTIFICATE WITHDRAWS FROM OR CEASES TO BE EMPLOYED BY     933          

THE PUBLIC ACCOUNTING FIRM.  THE PUBLIC ACCOUNTING FIRM MAY MAKE   935          

PAYMENTS IN CONNECTION WITH THE PERSON'S WITHDRAWAL FROM THE FIRM  936          

TO THAT PERSON OR, IF THAT PERSON IS DECEASED OR DISSOLVED, TO     938          

THE PERSON'S ESTATE OR SUCCESSOR IN INTEREST.                                   

                                                          21     


                                                                 
      (D)  A PERSON WHO DOES NOT HOLD AN OHIO PERMIT OR A FOREIGN  941          

CERTIFICATE MAY OWN AN EQUITY INTEREST IN A PUBLIC ACCOUNTING      942          

FIRM IF ALL OF THE FOLLOWING CONDITIONS ARE MET:                   944          

      (1)  ALL OF THE INDIVIDUALS WHO HOLD AN OHIO PERMIT OR A     946          

FOREIGN CERTIFICATE AND WHO OWN EQUITY INTERESTS IN THE PUBLIC     947          

ACCOUNTING FIRM, AND QUALIFIED FIRMS THAT OWN EQUITY INTERESTS IN  948          

THE PUBLIC ACCOUNTING FIRM, OWN, IN THE AGGREGATE, A MAJORITY OF   949          

THE EQUITY INTERESTS IN THE PUBLIC ACCOUNTING FIRM AND CONTROL     950          

THE PUBLIC ACCOUNTING FIRM.                                                     

      (2)  THE PERSON DOES NOT ASSUME OR USE ANY TITLES OR         953          

DESIGNATIONS SPECIFIED IN DIVISION (A) OF SECTION 4701.14 OF THE   954          

REVISED CODE.  THE PERSON MAY DESIGNATE OR REFER TO THE PERSON AS  955          

A SHAREHOLDER, PARTNER, MEMBER, PRINCIPAL, OWNER, OR OFFICER OF    956          

THE PUBLIC ACCOUNTING FIRM AND ALSO MAY USE ANY OTHER TITLE THAT   958          

THE BOARD AUTHORIZES BY RULE.                                                   

      (3)  THE PERSON IS NOT IN VIOLATION OF ANY STANDARD          961          

REGARDING THE CHARACTER OR CONDUCT OF THAT PERSON THAT THE BOARD   962          

ESTABLISHES BY RULE.                                                            

      (4)  THE PERSON'S PARTICIPATION IN THE BUSINESS OF THE       965          

PUBLIC ACCOUNTING FIRM IS THE PERSON'S PRINCIPAL OCCUPATION AND                 

CONSISTS OF PROVIDING SERVICES TO OR ON BEHALF OF THE PUBLIC       966          

ACCOUNTING FIRM, AND THE PERSON IS NOT FUNCTIONING SOLELY OR       968          

PREDOMINATELY AS A PASSIVE INVESTOR IN THE PUBLIC ACCOUNTING       969          

FIRM.                                                                           

      (5)  THE PERSON HAS GRADUATED WITH A BACCALAUREATE OR        973          

HIGHER DEGREE CONFERRED BY A COLLEGE OR UNIVERSITY APPROVED BY     974          

THE BOARD.                                                                      

      (6)  THE PERSON MEETS OR EXCEEDS THE CONTINUING EDUCATION    977          

REQUIREMENTS THAT THE BOARD ESTABLISHES BY RULE.                                

      (7)  A PERSON WHO HOLDS A PROFESSIONAL LICENSE,              979          

REGISTRATION, OR CERTIFICATION ISSUED BY THIS STATE OR ANOTHER     980          

STATE COMPLIES WITH THE REQUIREMENTS OF THAT LICENSE,              982          

REGISTRATION, OR CERTIFICATION.                                                 

      (8)  THE PERSON ABIDES BY THE CODE OF CONDUCT OF THE         985          

                                                          22     


                                                                 
AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS OR A            986          

COMPARABLE CODE OF PROFESSIONAL CONDUCT THAT THE BOARD ADOPTS BY   987          

RULE.                                                                           

      (9)  THE PERSON COMPLIES WITH ALL APPLICABLE PROVISIONS OF   990          

THIS CHAPTER AND THE RULES ADOPTED BY THE BOARD.                   991          

      (C)(E)  A PERSON WHO OWNS A VOTING EQUITY INTEREST IN A      994          

PUBLIC ACCOUNTING FIRM MAY NOT DELEGATE, BY PROXY OR OTHERWISE,    995          

THE DUTY TO EXERCISE ANY VOTING RIGHTS TO A PERSON THAT DOES NOT   996          

HOLD AN OHIO PERMIT OR A FOREIGN CERTIFICATE OR TO A PERSON THAT   997          

IS NOT A QUALIFIED FIRM.                                           998          

      (F)  As a condition for initial or renewal registration OF   1,000        

A PUBLIC ACCOUNTING FIRM on and after January 1, 1993, the board,  1,002        

by rule, shall require that all EACH public accounting firms FIRM  1,003        

undergo a quality PEER review to determine the PUBLIC ACCOUNTING   1,006        

FIRM'S degree of compliance by the firm IN THE PRACTICE OF PUBLIC  1,007        

ACCOUNTING with generally accepted accounting principles and,      1,009        

GENERALLY ACCEPTED auditing standards, and other generally         1,010        

accepted technical standards, unless the applicant PUBLIC          1,011        

ACCOUNTING firm meets one of the exceptions in division (G)(J) of  1,013        

this section.                                                                   

      (D)(G)  The board shall adopt rules establishing guidelines  1,015        

for quality PEER reviews.  The rules shall do all of the           1,016        

following:                                                         1,017        

      (1)  Designate a quality PEER review committee consisting    1,019        

of accounting professionals to serve as advisors to the board and  1,020        

to ensure that the board's guidelines are followed.  The board     1,021        

shall MAY establish fair and reasonable compensation for the       1,022        

committee members to be paid for time they spend conducting        1,024        

committee business.                                                             

      (2)  Require that the quality PEER review be conducted by a  1,026        

reviewer that is both independent of the PUBLIC ACCOUNTING firm    1,027        

reviewed and qualified pursuant to board rules;                    1,029        

      (3)  Require that the standards and practices applied by     1,031        

the reviewer be at least as stringent as those applied by the      1,032        

                                                          23     


                                                                 
American institute of certified public accountants;                1,033        

      (4)  Prohibit the use or disclosure of information obtained  1,035        

by members of the board OR A COMMITTEE of PEER reviewers during    1,036        

or in connection with the quality PEER review process for          1,038        

purposes other than those related to determining the degree of     1,040        

compliance by the PUBLIC ACCOUNTING firm with generally accepted   1,042        

accounting principles and, GENERALLY ACCEPTED auditing standards,  1,043        

and other generally accepted technical standards.  Division        1,045        

(D)(G)(4) of this section does not apply to the use or disclosure  1,046        

of information that is described in division (H)(K)(3) of this     1,047        

section or that is necessary to comply with any provision of law.  1,049        

      (E)(H)(1)  If a quality PEER review report indicates that a  1,052        

PUBLIC ACCOUNTING firm does not comply with standards and          1,054        

practices set forth in board guidelines, the board may, at, IN     1,055        

its discretion, or shall, upon submission of a written             1,057        

application by the firm, MAY hold a hearing to determine whether   1,058        

the firm complies with the standards and practices.  If the        1,059        

board, after conducting the hearing, determines that the firm      1,060        

complies with the standards and practices, it shall issue an       1,061        

order requiring the reviewer and the quality review committee to   1,062        

take any necessary action to record and implement the board's      1,063        

determination and to restore the status of compliance upon the     1,064        

firm.  However, if REVIEW THE RESULTS OF THE PEER REVIEW REPORT.   1,065        

IF the board, after conducting the hearing, determines that the    1,066        

PUBLIC ACCOUNTING firm does not comply with the standards and      1,068        

practices, it may issue an order that requires both of the         1,069        

following:                                                                      

      (a)  Remedial OR DISCIPLINARY action, which may include ANY  1,071        

OF THE FOLLOWING:                                                  1,072        

      (i)  Requiring employees of the PUBLIC ACCOUNTING firm to    1,074        

complete general or specific continuing professional education     1,076        

courses;                                                                        

      (ii)  Requiring the PUBLIC ACCOUNTING firm to undergo        1,078        

quality PEER review more frequently than triennially and PEER      1,081        

                                                          24     


                                                                 
REVIEW THAT IS conducted in whole or part under the direct         1,083        

supervision of the board or its designee;                                       

      (iii)  Any other remedial action specified by the board;     1,085        

      (iv)  IMPOSING ANY DISCIPLINARY MEASURES SET FORTH IN        1,087        

DIVISION (B) OF SECTION 4701.16 OF THE REVISED CODE.               1,088        

      (b)  An affidavit from the PUBLIC ACCOUNTING firm submitted  1,090        

within the time specified by the board indicating completion of    1,092        

required remedial actions.                                         1,093        

      (2)  Notwithstanding divisions (H)(K)(1) and (2) of this     1,095        

section, all matters relating to the procedures for determining    1,096        

compliance with the standards and practices under division         1,098        

(E)(H)(1) of this section are subject to Chapter 119. of the       1,099        

Revised Code, including the notice and conduct of any hearing,     1,100        

and the issuance and appeal of any order.                          1,101        

      (F)(I)  The PUBLIC ACCOUNTING firm reviewed shall pay for    1,104        

any quality PEER review performed.                                 1,105        

      (G)(J)  The board may exempt a PUBLIC ACCOUNTING firm from   1,108        

the requirement to undergo a quality PEER review if the PUBLIC     1,109        

ACCOUNTING firm submits to the board a written and notarized       1,112        

statement that the PUBLIC ACCOUNTING firm meets at least one of    1,114        

the following grounds for exemption identified in the statement:   1,115        

      (1)  Within three years of the date of application for       1,117        

initial or renewal registration, the PUBLIC ACCOUNTING firm has    1,118        

been subject to a quality PEER review acceptable to the board and  1,120        

conducted pursuant to standards not less stringent than review     1,122        

standards applied by the American institute of certified public    1,123        

accountants.  The PUBLIC ACCOUNTING firm shall submit to the       1,125        

board a copy of the results of the quality PEER review and any     1,127        

additional documentation required by the board.  The board,        1,128        

however, shall not require submittal of the working papers         1,129        

related to the quality PEER review process.                                     

      (2)  Within three years of the date of application for       1,131        

initial or renewal registration, the PUBLIC ACCOUNTING firm has    1,132        

undergone a quality PEER review conducted in another state or      1,134        

                                                          25     


                                                                 
foreign country.  The PUBLIC ACCOUNTING firm shall submit to the   1,136        

board a copy of the results of the quality PEER review and any     1,138        

additional documentation required by the board, including a        1,139        

detailed report of the procedures and standards applied by the     1,140        

reviewer.                                                                       

      (3)  The PUBLIC ACCOUNTING firm has never practiced public   1,142        

accounting in this state or any other state or foreign country     1,144        

and will undergo a quality PEER review within eighteen months of   1,145        

registration.                                                                   

      (4)  The PUBLIC ACCOUNTING firm, on a schedule as required   1,147        

by rule adopted by the board, submits a report to the board that   1,148        

states all of the following:                                       1,149        

      (a)  The PUBLIC ACCOUNTING firm does not engage in any       1,151        

financial reporting areas of practice including audits,            1,153        

compilations, or reviews UNDERTAKE ANY ENGAGEMENT THAT WILL        1,154        

RESULT IN THE ISSUANCE OF AN ATTEST REPORT.                                     

      (b)  Within the next three years, the PUBLIC ACCOUNTING      1,156        

firm does not intend to engage in any financial reporting areas    1,158        

of practice including audits, compilations, reviews, or            1,159        

prospective financial statements UNDERTAKE ANY ENGAGEMENT THAT     1,160        

WILL RESULT IN THE ISSUANCE OF ANY ATTEST REPORT.                  1,161        

      (c)  The PUBLIC ACCOUNTING firm agrees to notify the board   1,163        

within ninety days of engaging in any financial reporting areas    1,165        

of practice including audits, compilations, or reviews AFTER       1,166        

ACCEPTING ANY ENGAGEMENT THAT WILL RESULT IN THE ISSUANCE OF ANY   1,167        

ATTEST REPORT and will undergo a quality PEER review within one    1,170        

year of commencing such practices AFTER THE ACCEPTANCE OF AN       1,172        

ENGAGEMENT OF THAT NATURE.                                                      

      (5)  Subject to the board's approval, for reasons of         1,174        

personal health, military service, or other good cause, the        1,175        

PUBLIC ACCOUNTING firm is entitled to an exemption.                1,177        

      (H)(K)  In any civil action, arbitration, or administrative  1,179        

proceeding involving a PUBLIC ACCOUNTING firm, all of the          1,180        

following shall apply:                                             1,181        

                                                          26     


                                                                 
      (1)  The proceedings, records, and work papers of any        1,183        

reviewer, including board members and review committee members,    1,184        

involved in the quality PEER review process are privileged and     1,185        

not subject to discovery, subpoena, or other means of legal        1,187        

process and may not be introduced into evidence.                   1,188        

      (2)  No reviewer, including board members and review         1,190        

committee members, involved in the quality PEER review process     1,191        

shall be permitted or required to testify as to any matters        1,193        

produced, presented, disclosed, or discussed during or in          1,194        

connection with the quality PEER review process; or SHALL be       1,195        

required to testify to any finding, recommendation, evaluation,    1,198        

opinion, or other actions of such THOSE committees, or their       1,199        

members.                                                                        

      (3)  No privilege exists under this section for either of    1,201        

the following:                                                     1,202        

      (a)  Information presented or considered in the quality      1,204        

PEER review process which THAT was otherwise available to the      1,205        

public;                                                                         

      (b)  Materials prepared in connection with a particular      1,207        

engagement merely because they subsequently are presented or       1,208        

considered as part of the quality PEER review process.             1,209        

      (I)(L)  If a quality PEER review report indicates that a     1,212        

PUBLIC ACCOUNTING firm complies with standards and practices set   1,214        

forth in board guidelines, the board shall destroy all documents   1,215        

and reports related to the quality PEER review within thirty days  1,216        

after the board completes its review of the report.  If a quality  1,218        

PEER review report indicates that a PUBLIC ACCOUNTING firm does    1,220        

not comply with such THOSE standards and practices, the board      1,223        

shall retain all documents and reports related to the quality      1,224        

PEER review until completion of the next quality PEER review.      1,225        

      Sec. 4701.06.  The ACCOUNTANCY BOARD SHALL GRANT THE         1,234        

certificate of "certified public accountant" shall be granted by   1,236        

the accountancy board to any person WHO SATISFIES THE FOLLOWING    1,237        

REQUIREMENTS:                                                                   

                                                          27     


                                                                 
      (A)  Who THE PERSON is a resident of this state or has a     1,239        

place of business therein IN THIS STATE or, as an employee, is     1,241        

regularly employed therein IN THIS STATE.  The board may           1,243        

DETERMINE by rule determine circumstances under which the          1,246        

residency requirement may be waived.                                            

      (B)  Who THE PERSON has attained the age of eighteen         1,249        

years;.                                                                         

      (C)  Who THE PERSON is of good moral character;.             1,251        

      (D)  Who THE PERSON meets the FOLLOWING requirements of      1,253        

education and experience as provided in this division:             1,255        

      (1)(a)  Prior to January 1, 2000, graduation with a          1,257        

baccalaureate degree conferred by a college or university          1,258        

recognized by the board, with a concentration in accounting that   1,259        

includes related courses in other areas of business                1,260        

administration, or what the board determines to be substantially   1,261        

the equivalent of the foregoing;                                   1,262        

      (b)  On and after January 1, 2000, graduation with a         1,264        

baccalaureate or higher degree that includes successful            1,265        

completion of one hundred fifty semester hours of undergraduate    1,266        

or graduate education.  The board shall by rule SHALL specify      1,267        

graduate degrees that satisfy this requirement and shall also by   1,269        

rule SHALL require such ANY subjects as THAT it considers          1,271        

appropriate.  The total educational program shall include an       1,272        

accounting concentration with related courses in other areas of    1,273        

business administration, as defined by board rule.                 1,274        

      (2)(a)  The experience requirement for candidates meeting    1,276        

the educational requirements set forth in division (D)(1)(a) or    1,277        

(b) of this section is two years ONE YEAR of public accounting     1,279        

experience, satisfactory to the board, in any state in practice,   1,280        

as a certified public accountant or as a public accountant, or,    1,281        

in any state in employment, as a staff accountant by anyone        1,282        

practicing public accounting, or such experience in private or     1,283        

governmental accounting as is, in the opinion of the board, the    1,284        

equivalent of such public accounting practice, or any combination  1,285        

                                                          28     


                                                                 
of such types of experience.                                       1,287        

      (b)  The experience requirement is only one year of the      1,289        

experience described in division (D)(2)(a) of this section for     1,290        

any candidate holding a master's degree in accounting or business  1,291        

administration from a college or university recognized by the      1,292        

board, if he has satisfactorily completed such number of semester  1,295        

hours in graduate accounting and such related subjects as the                   

board determines to be appropriate ANY OF THE FOLLOWING:           1,296        

      (i)  A PUBLIC ACCOUNTING FIRM;                               1,298        

      (ii)  GOVERNMENT;                                            1,300        

      (iii)  BUSINESS;                                             1,302        

      (iv)  ACADEMIA.                                              1,304        

      (c)(b)  Except as provided in division (D)(2)(d)(c) of this  1,307        

section, the experience requirement for any candidate who, on and  1,308        

after January 1, 2000, does not meet the educational requirement   1,309        

set forth in division (D)(1)(b) of this section is four years of   1,310        

experience described in division (D)(2)(a) of this section.  The   1,311        

experience requirement for any candidate who, prior to January 1,  1,312        

2000, does not meet the educational requirement set forth in       1,313        

division (D)(1)(a) of this section is two years of experience      1,314        

described in division (D)(2)(a) of this section.                   1,315        

      (d)(c)  On and after January 1, 2000, the experience         1,317        

requirement for any candidate who, subsequent to obtaining a       1,318        

baccalaureate or higher degree, other than a baccalaureate or      1,319        

higher degree described in division (D)(1)(b) of this section,     1,320        

successfully completes coursework that meets the educational       1,321        

requirement set forth in division (D)(1)(b) of this section, is    1,322        

two years of experience described in division (D)(2)(a) of this    1,323        

section.                                                           1,324        

      (E)  Who THE PERSON has passed a written examination in      1,326        

accounting and auditing and in such ANY related subjects as THAT   1,328        

the board determines to be appropriate.  The board shall adopt     1,330        

rules, consistent with this section, for these examinations and    1,331        

for application to take these examinations.                        1,332        

                                                          29     


                                                                 
      None of the educational requirements specified in division   1,334        

(D) of this section apply to a candidate who is registered as a    1,335        

public accountant under section 4701.07 of the Revised Code HAS A  1,336        

PA REGISTRATION, but the experience requirement for such THE       1,338        

candidate who does not meet such THOSE educational requirements    1,340        

is four years of the experience described in division (D)(2)(a)    1,342        

of this section.                                                                

      Prior to January 1, 2000, the board shall waive the          1,344        

educational requirement set forth in division (D)(1)(a) of this    1,345        

section for any candidate if it finds that the candidate has       1,346        

attained the equivalent education by attendance at a business      1,347        

school, by self-study, or otherwise, and if it is satisfied from   1,348        

the results of special written examinations given THAT THE BOARD   1,349        

GIVES the candidate by the board to test his THE CANDIDATE'S       1,351        

educational qualifications that he THE CANDIDATE is as well        1,352        

equipped, educationally, as if he THE CANDIDATE met the            1,353        

applicable educational requirement specified in division           1,354        

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

      On and after January 1, 2000, the board shall waive the      1,356        

educational requirement set forth in division (D)(1)(b) of this    1,357        

section for any candidate if the board finds that the candidate    1,358        

has obtained from an accredited college or university approved by  1,359        

the board, either an associate degree or a baccalaureate degree,   1,360        

other than a baccalaureate degree described in division (D)(1)(b)  1,361        

of this section, with a concentration in accounting that includes  1,362        

related courses in other areas of business administration, and if  1,363        

the board is satisfied from the results of special written         1,364        

examinations given THAT THE BOARD GIVES the candidate by the       1,365        

board to test his THE CANDIDATE'S educational qualification that   1,367        

the candidate is as well equipped, educationally, as if he THE     1,369        

CANDIDATE met the applicable educational requirement specified in  1,370        

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

      The board shall provide by rule for the general scope of     1,372        

any special written examinations for a waiver of the educational   1,373        

                                                          30     


                                                                 
requirements under division (D)(1)(a) or (b) of this section, and  1,374        

may obtain such ANY advice and assistance as THAT it considers     1,376        

appropriate to assist it in preparing and grading such THOSE       1,377        

special written examinations.  The board may use any existing      1,378        

examinations or may prepare any number of new examinations to      1,379        

assist in determining the equivalent training of a candidate.      1,380        

The board shall by rule SHALL prescribe any special written        1,381        

examinations for a waiver of the educational requirements under    1,382        

division (D)(1)(a) or (b) of this section and the passing score    1,383        

required for each examination.                                                  

      The examinations described in division (E) of this section   1,385        

and the special written examinations for a waiver of the           1,386        

educational requirements under division (D)(1)(a) or (b) of this   1,387        

section shall be held by the board and shall take place as often   1,388        

as the board determines to be desirable, but the examinations      1,389        

described in division (E) of this section shall be held not less   1,390        

frequently than once each year.  The board may make such THE use   1,391        

of all or any part of the uniform certified public accountants'    1,393        

examination and advisory grading service, or either, as it         1,394        

considers appropriate to assist it in performing its duties        1,395        

hereunder UNDER THIS SECTION.  The board ALSO may also contract    1,397        

with qualified organizations for assistance in the administration  1,399        

of any examinations.  The board by rule may provide for granting   1,400        

credit to a candidate for his satisfactory completion of a         1,401        

written examination in one or more of the subjects specified       1,402        

REFERRED TO in division (E) of this section given by the           1,404        

licensing authority in any other state.                            1,405        

      A candidate who has met the educational requirements, or     1,407        

with respect to whom they either do not apply or have been         1,408        

waived, is eligible to take the examination specified REFERRED TO  1,410        

in division (E) of this section without waiting until he THE       1,411        

CANDIDATE meets the experience requirements, provided he THE       1,412        

CANDIDATE also meets the requirements of divisions (A) and (C) of  1,414        

this section.                                                                   

                                                          31     


                                                                 
      A candidate for the certificate of certified public          1,416        

accountant who has successfully completed the examination under    1,417        

division (E) of this section has no status as a certified public   1,418        

accountant, unless and until he THE CANDIDATE has the requisite    1,419        

experience and has received his A certificate as a certified       1,420        

public accountant.  The board shall determine and charge a fee     1,421        

for issuing the certificate that is adequate to cover the          1,422        

expense.                                                                        

      The board may by rule MAY prescribe the terms and            1,424        

conditions under which a candidate who passes the examination in   1,425        

one or more of the subjects indicated REFERRED TO in division (E)  1,426        

of this section may be reexamined in only the remaining subjects,  1,428        

with credit for the subjects previously passed.  It may also MAY   1,429        

provide by rule for a reasonable waiting period for a candidate's  1,431        

reexamination in a subject he THE CANDIDATE has failed.  Subject   1,432        

to the foregoing BOARD RULES OF THOSE TYPES and such ANY other     1,434        

rules as THAT the board may adopt governing reexaminations, a      1,435        

candidate is entitled to any number of reexaminations under        1,436        

division (E) of this section.  No candidate shall be required to   1,437        

be reexamined in all subjects unless a period of four years has    1,438        

elapsed since the candidate initially earned credit on the         1,439        

examination.                                                       1,440        

      The applicable educational and experience requirements       1,442        

under division (D) of this section shall be those in effect on     1,443        

the date on which the candidate first sits for the examination.    1,444        

      The board shall charge such A candidate a reasonable fee,    1,446        

to be determined by the board, that is adequate to cover all       1,447        

rentals, compensation for proctors, and other administrative       1,448        

expenses of the board related to examination or reexamination,     1,449        

including the expenses of procuring and grading the examination    1,450        

provided for in division (E) of this section and for any special   1,451        

written examinations for a waiver of the educational requirements  1,452        

under division (D)(1)(a) or (b) of this section.  Fees for         1,453        

reexamination under division (E) of this section shall be charged  1,454        

                                                          32     


                                                                 
by the board in amounts determined by it.  The applicable fees     1,455        

shall be paid by the candidate at the time he THE CANDIDATE        1,456        

applies for examination or reexamination.                          1,457        

      Any person who has received from the board a certificate as  1,459        

a certified public accountant and who holds a AN OHIO permit       1,461        

issued under section 4701.10 of the Revised Code, which is in      1,462        

full force and effect, shall be styled and known as a "certified   1,463        

public accountant" and may also MAY use the abbreviation "CPA."    1,465        

The board shall maintain a list of certified public accountants.   1,466        

Any certified public accountant may also MAY be known as a         1,467        

"public accountant."                                               1,468        

      Persons who, on the effective date of an amendment of this   1,470        

section, held certified public accountant certificates             1,471        

theretofore PREVIOUSLY issued under the laws of this state shall   1,472        

not be required to obtain additional certificates under this       1,474        

section, but shall otherwise be subject to all provisions of this  1,475        

section;, and such THOSE PREVIOUSLY ISSUED certificates            1,477        

theretofore issued shall, for all purposes, SHALL be considered    1,480        

certificates issued under this section and subject to the ITS      1,481        

provisions hereof.                                                              

      The board may waive the examination under division (E) of    1,483        

this section, and, upon payment of a fee determined by it, may     1,485        

issue a certificate as a "certified public accountant" to any      1,486        

person possessing WHO POSSESSES the qualifications specified in    1,487        

divisions (A), (B), and (C) of this section and what the board     1,489        

determines to be substantially the equivalent of the applicable    1,490        

qualifications under division (D) of this section, AND who is the  1,491        

holder of a certificate as a certified public accountant, then in  1,492        

full force and effect, issued under the laws of any state, or is   1,493        

the holder of a certificate, license, or degree in a foreign       1,494        

country constituting THAT CONSTITUTES a recognized qualification   1,495        

for the practice of public accounting in such THAT country, THAT   1,497        

IS comparable to that of a certified public accountant of this     1,499        

state, which AND THAT is then in full force and effect.            1,501        

                                                          33     


                                                                 
      Sec. 4701.061.  Notwithstanding anything to the contrary in  1,510        

section 4701.06 of the Revised Code, the ACCOUNTANCY BOARD SHALL   1,511        

GRANT A certificate of "certified public accountant" shall be      1,513        

granted by the accountancy board to any public accountant who      1,514        

meets all the following requirements:                              1,515        

      (A)  The public accountant applies to the board for the      1,517        

certificate under this section;.                                   1,518        

      (B)  At the time of application and the time that the        1,520        

certificate is granted, the public accountant holds a live AN      1,522        

OHIO permit issued under division (A) of section 4701.10 of the    1,523        

Revised Code;.                                                     1,524        

      (C)  At the time of application, any public accounting firm  1,526        

that employs the public accountant or in which the public          1,527        

accountant has an interest is registered, and meets the            1,528        

applicable quality PEER review requirements of the board, under    1,530        

section 4701.04 of the Revised Code;.                              1,531        

      (D)  For not less than one hundred twenty months, the        1,533        

public accountant has held a AN OHIO permit issued under division  1,535        

(A) of section 4701.10 of the Revised Code and has completed and   1,536        

reported to the board all applicable continuing education hours    1,537        

required by section 4701.11 of the Revised Code and the rules      1,538        

adopted pursuant thereto TO THAT SECTION.                          1,539        

      Sec. 4701.07.  The accountancy board shall register as a     1,548        

public accountant any person who meets all the following           1,549        

requirements:                                                      1,550        

      (A)  Is THE PERSON IS a resident of this state, or has a     1,552        

place of business therein; IN THIS STATE.                          1,554        

      (B)  Has THE PERSON HAS attained the age of eighteen         1,557        

years;.                                                                         

      (C)  Is THE PERSON IS of good moral character;.              1,559        

      (D)  Holds THE PERSON HOLDS a baccalaureate or higher        1,561        

degree conferred by a college or university recognized by the      1,563        

board, with a concentration in accounting, or with what the board  1,564        

determines to be substantially THE equivalent of the foregoing;    1,565        

                                                          34     


                                                                 
or with a nonaccounting concentration supplemented by what the     1,566        

board determines to be substantially the equivalent of an          1,567        

accounting concentration, including related courses in other       1,568        

areas of business administration.                                  1,569        

      The board may waive the educational requirement for any      1,571        

candidate if it finds that the candidate has attained the          1,572        

equivalent education by attendance at a business school or         1,573        

two-year college, by self-study, or otherwise, and if it is        1,574        

satisfied from the result of a special written examination given   1,575        

THAT THE BOARD GIVES the candidate by the board to test his THE    1,577        

CANDIDATE'S educational qualifications that he THE CANDIDATE is    1,578        

as well equipped, educationally, as if he THE CANDIDATE met the    1,579        

applicable educational requirement specified in this division.     1,580        

The board may provide by rule for the general scope of such THESE  1,581        

examinations and may obtain such ANY advice and assistance as      1,583        

THAT it considers appropriate to assist it in preparing and        1,584        

grading such THE special examinations.  The board may use any      1,586        

existing examinations or may prepare any number of new             1,587        

examinations to assist it in determining the equivalent training   1,588        

of a candidate. The board may by rule MAY prescribe such THE       1,589        

SPECIAL examinations and the passing score required for each       1,592        

examination.                                                                    

      (E)  Has THE PERSON HAS completed two years of public        1,594        

accounting experience, satisfactory to the board, in any state in  1,595        

practice as a public accountant, or in any state in employment,    1,596        

as a staff accountant by anyone practicing public accounting, or   1,598        

such OTHER experience in private or governmental accounting as     1,599        

will THAT, in the opinion of the board, WILL be the equivalent of  1,601        

such THAT public accounting practice, or any combination of such   1,603        

THOSE types of experience, except that the experience requirement  1,605        

is only one year of the experience described in this division for  1,606        

any candidate holding a master's degree in accounting or business  1,607        

administration from a college or university recognized by the      1,608        

board, if he THE CANDIDATE has satisfactorily completed such THE   1,609        

                                                          35     


                                                                 
number of credit hours in accounting, business administration,     1,611        

economics, and such ANY related subjects as THAT the board         1,613        

determines to be appropriate; and IF EITHER OF THE FOLLOWING       1,614        

APPLIES:                                                                        

      (1)  Has THE PERSON HAS passed the uniform national society  1,616        

of public accountants examination or a comparable examination      1,618        

approved by the public accountant members of the accountancy       1,619        

board; or.                                                                      

      (2)  Has THE PERSON HAS passed the accounting practice and   1,621        

auditing sections of the uniform CPA examination.                  1,623        

      The examination described in division (E)(1) of this         1,625        

section shall be held by the board and shall take place as often   1,626        

as the board determines, but shall not be held less frequently     1,627        

than once each year.  The board shall charge a candidate an        1,628        

application fee, to be determined by the board, that is adequate   1,629        

to cover all rentals, compensation for proctors, and other         1,630        

expenses of the board related to examination or reexamination      1,631        

except the expenses of procuring and grading the examination.  In  1,632        

addition, the board shall charge such THE candidate an             1,633        

examination fee to be determined by the board, that is adequate    1,635        

to cover the expense of procuring and grading the examination.     1,636        

Fees for reexamination under division (E) of this section shall    1,637        

also SHALL be charged by the board in amounts determined by it to  1,639        

be adequate to cover the expenses of procuring and grading the     1,640        

examinations.  The applicable fees shall be paid by the candidate  1,641        

at the time he THE CANDIDATE applies for examination or            1,642        

reexamination.                                                                  

      (F)  Applied THE PERSON APPLIED, on or before the effective  1,644        

date of this amendment APRIL 16, 1993, for registration as a       1,646        

public accountant.                                                 1,647        

      The board shall determine and charge a fee for registration  1,649        

under this section that is adequate to cover the expense.          1,650        

      The board shall in each case SHALL determine whether the     1,652        

applicant is eligible for registration.  Any individual who is so  1,653        

                                                          36     


                                                                 
registered and who holds a AN OHIO permit issued under section     1,656        

4701.10 of the Revised Code shall be styled and known as a         1,657        

"public accountant" and may use the abbreviation "PA."             1,658        

      A person who, on the effective date of an amendment of this  1,660        

section, holds a valid registration as a public accountant issued  1,661        

under the laws of this state shall not be required to obtain       1,662        

additional registration under this section, but shall otherwise    1,663        

be subject to all provisions of this section; and such.  THAT      1,665        

registration shall, for all purposes, SHALL be considered a        1,666        

registration issued under this section and subject to the ITS      1,668        

provisions hereof.                                                              

      Sec. 4701.10.  (A)  Permits to practice public accounting    1,678        

shall be issued by the THE accountancy board SHALL ISSUE OHIO      1,679        

PERMITS TO PRACTICE PUBLIC ACCOUNTING to holders of the            1,681        

certificate of certified public accountant issued under section    1,682        

4701.06 or 4701.061 of the Revised Code and to persons registered  1,683        

under sections 4701.07 and 4701.09 of the Revised Code.  Subject   1,684        

to division (D)(1) of this section, there shall be a triennial     1,685        

permit fee in an amount to be determined by the board not to       1,686        

exceed one hundred fifty dollars.  All OHIO permits shall expire   1,688        

on the last day of December of the year assigned by the board      1,689        

and, subject to division (D)(1) of this section, shall be renewed  1,690        

triennially for a period of three years by certificate holders     1,691        

and registrants in good standing upon payment of a triennial       1,692        

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

purpose of implementing this section and enforcing section         1,694        

4701.11 of the Revised Code, the board may issue a AN OHIO permit  1,695        

for less than three years' duration.  A prorated fee shall be      1,696        

determined by the board for such THAT OHIO permit.  Failure of     1,698        

any certificate holder or registrant to apply for a triennial      1,699        

OHIO permit to practice within three years from the expiration     1,701        

date of the OHIO permit to practice last obtained or renewed, or   1,702        

three years from the date upon which the certificate holder or     1,704        

registrant was granted a certificate or registration, shall        1,705        

                                                          37     


                                                                 
result in suspension of such THE certificate or registration       1,706        

unless the board determines such THE failure to have been due to   1,708        

excusable neglect.  In such THAT case, the renewal fee or the fee  1,710        

for the issuance of the original OHIO permit, as the case may be,  1,711        

shall be such THE amount as THAT the board shall determine, but    1,713        

not in excess of fifty dollars plus the fee for each triennial     1,714        

period or part of a period the certificate holder or registrant    1,715        

did not have a AN OHIO permit.                                     1,716        

      (B)  All certificate holders and registrants who are not in  1,718        

the practice of public accounting in this state shall register     1,719        

with the board every three years at a fee, not to exceed           1,720        

fifty-five dollars, established by the board.  Such persons shall  1,721        

not convey to the general public that they are actively engaged    1,722        

in the practice of public accounting in this state.                1,723        

      (C)  The board shall suspend the certificate or              1,725        

registration of any person failing to obtain a AN OHIO permit in   1,727        

accordance with this section, except that the board may by rule    1,728        

MAY exempt persons from the requirement of holding a AN OHIO       1,730        

permit for such SPECIFIED reasons as, INCLUDING, BUT NOT LIMITED   1,731        

TO, retirement, health reasons, military service, foreign          1,732        

residency, or other just cause.                                    1,733        

      (D)(1)  On and after January 1, 1995, the board shall, by    1,735        

rule adopted in accordance with Chapter 119. of the Revised Code,  1,736        

SHALL increase the triennial OHIO permit and renewal fee imposed   1,738        

pursuant to this section by at least fifteen dollars but no more   1,739        

than thirty dollars.                                               1,740        

      (2)  Beginning with the first quarter of 1995 and each       1,742        

quarter thereafter, the board, for the purpose provided in         1,743        

section 4743.05 of the Revised Code, shall certify to the          1,744        

director of budget and management the number of triennial OHIO     1,745        

permits renewed under this chapter during the preceding quarter    1,747        

and the amount equal to that number times the amount by which the  1,748        

triennial OHIO permit and renewal fee is increased by the board    1,750        

under division (D)(1) of this section.                             1,751        

                                                          38     


                                                                 
      Sec. 4701.11.  The accountancy board may adopt rules         1,760        

requiring that each applicant for the AN OHIO permit required by   1,762        

section 4701.10 of the Revised Code shall have demonstrated to     1,764        

the satisfaction of the board that the applicant has maintained a  1,765        

high level of professional competence by the completion of         1,766        

programs of continuing education satisfactory to the board during  1,767        

the period immediately prior to the application for the permit or  1,768        

renewal.  The board shall not require more than one hundred        1,769        

twenty hours of such THOSE programs over any three-year period     1,770        

for applicants possessing a live AN OHIO permit.  For purposes of  1,773        

this section, the board shall not approve any continuing           1,774        

education courses for which fees are charged and which THAT are    1,775        

sponsored by an accounting association in this state unless such   1,777        

THOSE courses are open to all persons registered or certified      1,779        

under this chapter and unless the fees charged are reasonable for  1,780        

all persons desiring to take the courses.                          1,781        

      The board may issue a AN OHIO permit required by section     1,784        

4701.10 of the Revised Code for less than three years to any       1,785        

person who is unable to complete continuing education hours        1,786        

required for renewal of a triennial OHIO permit for good cause,    1,787        

as established by rule.  Such THE OHIO permit shall be             1,789        

conditioned upon the completion of all required continuing         1,791        

education hours during the period for which such THE OHIO permit   1,792        

is issued.                                                                      

      Sec. 4701.12.  The display or uttering by a person of a      1,801        

card, sign, advertisement, or other printed, engraved, or written  1,802        

instrument or device, bearing a person's name in conjunction with  1,804        

the words "certified public accountant" or any abbreviation        1,805        

thereof OF THOSE WORDS, or "public accountant" or any              1,806        

abbreviation thereof OF THOSE WORDS, shall be prima-facie          1,808        

evidence in any action brought under section 4701.18 or section    1,810        

4701.99 of the Revised Code, that the person whose name is so      1,812        

displayed caused or procured the display or uttering of such THAT  1,813        

card, sign, advertisement, or other printed, engraved, or written  1,814        

                                                          39     


                                                                 
instrument or device, and that such THE person is holding himself  1,816        

SELF out to be a certified public accountant or a public           1,818        

accountant holding a AN OHIO permit to practice under section      1,820        

4701.10 of the Revised Code.  In any action, evidence of the       1,822        

commission of a single act prohibited by this section shall be                  

sufficient to justify an injunction or a conviction without        1,823        

evidence of a general course of conduct.                           1,824        

      Sec. 4701.13.  The accountancy board shall publish annually  1,833        

a printed register, which.  THE PRINTED REGISTER shall contain in  1,835        

separate lists the names and business addresses of all certified   1,837        

public accountants and public accountants holding live OHIO        1,838        

permits as of the date of preparation of the register.             1,839        

      Sec. 4701.14.  (A)  No person EXCEPT AS PERMITTED BY RULES   1,848        

ADOPTED BY THE ACCOUNTANCY BOARD, NO INDIVIDUAL shall assume or    1,849        

use the title or designation "certified public accountant,"        1,851        

"CERTIFIED ACCOUNTANT," "CHARTERED ACCOUNTANT," "ENROLLED                       

ACCOUNTANT," "LICENSED ACCOUNTANT," OR "REGISTERED ACCOUNTANT,"    1,852        

OR ANY OTHER TITLE OR DESIGNATION LIKELY TO BE CONFUSED WITH       1,853        

"CERTIFIED PUBLIC ACCOUNTANT," or abbreviation ANY OF THE          1,856        

ABBREVIATIONS "CPA," "PA," "CA," "EA," "LA," OR "RA," OR SIMILAR   1,862        

ABBREVIATIONS LIKELY TO BE CONFUSED WITH "CPA," or any other       1,864        

title, designation, words, letters, abbreviation, sign, card, or   1,865        

device tending to indicate that the person INDIVIDUAL is a         1,866        

certified public accountant, unless the person has received        1,868        

INDIVIDUAL HOLDS a CPA certificate as a certified public           1,869        

accountant under section 4701.06 or 4701.061 of the Revised Code   1,870        

and holds a live AN OHIO permit issued under section 4701.10 of    1,872        

the Revised Code; provided that a foreign accountant who.          1,874        

HOWEVER, AN INDIVIDUAL WHO POSSESSES A FOREIGN CERTIFICATE, has    1,875        

registered under section 4701.09 of the Revised Code, and holds a  1,877        

live AN OHIO permit issued under section 4701.10 of the Revised    1,878        

Code may use the title PERMITTED under which he is generally       1,880        

known in his country THE LAWS OF THE INDIVIDUAL'S OTHER LICENSING  1,881        

JURISDICTION, followed by the name of the country from which he    1,883        

                                                          40     


                                                                 
received his certificate, license, or degree JURISDICTION.         1,885        

      (B)  No partnership shall assume or use the title or         1,887        

designation "certified public accountant" or abbreviation "CPA"    1,889        

or any other title, designation, words, letters, abbreviation,     1,890        

sign, card, or device tending to indicate that the partnership is  1,892        

composed of certified public accountants unless it meets all of                 

the following requirements:                                        1,893        

      (1)  At least one general partner of the partnership is a    1,895        

certified public accountant of this state in good standing.        1,896        

      (2)  Each partner who is personally engaged within this      1,898        

state in the practice of public accounting as a member of the      1,899        

partnership is a certified public accountant of this state in      1,900        

good standing.                                                                  

      (3)  Each partner of the partnership is a certified public   1,904        

accountant of some state in good standing.                         1,905        

      (4)  Each resident manager in charge of an office of the     1,907        

firm in this state is a certified public accountant of this state  1,908        

in good standing.                                                  1,909        

      (C)  No person EXCEPT AS PERMITTED BY RULES ADOPTED BY THE   1,911        

BOARD, NO INDIVIDUAL shall assume or use the title or designation  1,912        

"public accountant," or "CERTIFIED PUBLIC ACCOUNTANT," "CERTIFIED  1,914        

ACCOUNTANT," "CHARTERED ACCOUNTANT," "ENROLLED ACCOUNTANT,"        1,915        

"REGISTERED ACCOUNTANT," OR "LICENSED ACCOUNTANT," OR ANY OTHER    1,916        

TITLE OR DESIGNATION LIKELY TO BE CONFUSED WITH "PUBLIC            1,917        

ACCOUNTANT," OR ANY OF THE ABBREVIATIONS "PA," "CPA," "CA," "EA,"  1,922        

"LA," OR "RA," OR SIMILAR ABBREVIATIONS LIKELY TO BE CONFUSED      1,925        

WITH "PA," or any other title, designation, words, letters,        1,928        

abbreviation, sign, card, or device tending to indicate that the   1,929        

person INDIVIDUAL is a public accountant, unless the person is     1,931        

registered as a public accountant under section 4701.07 of the     1,932        

Revised Code and INDIVIDUAL HOLDS A PA REGISTRATION AND holds a    1,933        

live AN OHIO permit issued under section 4701.10 of the Revised    1,935        

Code, or unless the person has received a INDIVIDUAL HOLDS A CPA   1,936        

certificate as a certified public accountant under section         1,937        

                                                          41     


                                                                 
4701.06 or 4701.061 of the Revised Code or holds a live permit     1,938        

issued under section 4701.10 of the Revised Code.  AN INDIVIDUAL   1,940        

WHO HOLDS A PA REGISTRATION AND AN OHIO PERMIT MAY HOLD SELF OUT   1,942        

TO THE PUBLIC AS AN "ACCOUNTANT" OR "AUDITOR."                     1,943        

      (D)  No partnership shall assume or use the title or         1,945        

designation "public accountant" or abbreviation "PA" or any other  1,947        

title, designation, words, letters, abbreviation, sign, card, or   1,948        

device tending to indicate that the partnership is composed of     1,949        

public accountants, unless all of the following apply:             1,950        

      (1)  At least one general partner of the partnership is a    1,952        

certified public accountant or a public accountant of this state   1,953        

in good standing.                                                  1,954        

      (2)  Each partner who is personally engaged within this      1,956        

state in the practice of public accounting as a member of the      1,957        

partnership is a certified public accountant or a public           1,958        

accountant of this state in good standing.                         1,959        

      (3)  Each resident manager in charge of an office of a firm  1,961        

in this state is a certified public accountant or a public         1,962        

accountant of this state in good standing.                         1,963        

      (E)  No person or partnership shall assume or use the title  1,965        

or designation "certified accountant," "chartered accountant,"     1,966        

"enrolled accountant," "licensed accountant," "registered          1,967        

accountant," or any other title or designation likely to be        1,968        

confused with "certified public accountant" or "public             1,969        

accountant," or any of the abbreviations "CA," "EA," "RA," or"LA" or similar abbreviations likely to be confused with "CPA" or  1,975        

"PA"; provided that anyone who holds a live permit issued under    1,978        

section 4701.10 of the Revised Code may hold himself out to the    1,979        

public as an "accountant" or "auditor"; and provided that a        1,981        

foreign accountant who has registered under section 4701.09 of     1,982        

the Revised Code and holds a live permit issued under section      1,983        

4701.10 of the Revised Code may use the title under which he is    1,985        

generally known in his country, followed by the name of the        1,987        

country from which he received his certificate, license, or        1,989        

                                                          42     


                                                                 
degree.                                                            1,990        

      (F)  No (C)  EXCEPT AS PROVIDED IN DIVISIONS (C)(1), (2),    1,993        

(3), AND (4) OF THIS SECTION, NO PARTNERSHIP, professional         1,995        

association, corporation-for-profit, limited liability company,    1,998        

or other legal entity BUSINESS ORGANIZATION not addressed in       1,999        

another division of this section THAT IS PRACTICING PUBLIC         2,001        

ACCOUNTING IN THIS STATE shall assume or use the title or          2,003        

designation "certified public accountant," or "public              2,004        

accountant," and no professional association,                      2,006        

corporation-for-profit, limited liability company, or other legal  2,007        

entity not addressed in another division of this section shall                  

assume or use the title or designation "certified accountant,"     2,009        

"chartered accountant," "enrolled accountant," "licensed           2,010        

accountant," "registered accountant," or any other title or        2,011        

designation likely to be confused with "certified public           2,012        

accountant" or "public accountant," or any of the abbreviations    2,013        

"CPA," "PA," "CA," "EA," "RA," or "LA," or similar abbreviations   2,015        

likely to be confused with "CPA" or "PA," except that a OR ANY     2,018        

OTHER TITLE, DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN,      2,019        

CARD, OR DEVICE TENDING TO INDICATE THAT THE BUSINESS              2,020        

ORGANIZATION IS A PUBLIC ACCOUNTING FIRM.                                       

      (1)(a)  A PARTNERSHIP MAY ASSUME OR USE THE TITLE OR         2,023        

DESIGNATION "CERTIFIED PUBLIC ACCOUNTANT," THE ABBREVIATION        2,024        

"CPA," OR ANY OTHER TITLE, DESIGNATION, WORDS, LETTERS,            2,025        

ABBREVIATION, SIGN, CARD, OR DEVICE TENDING TO INDICATE THAT THE   2,026        

PARTNERSHIP IS COMPOSED OF CERTIFIED PUBLIC ACCOUNTANTS IF IT IS   2,027        

A REGISTERED FIRM, IF A MAJORITY OF ITS PARTNERS WHO ARE           2,028        

INDIVIDUALS HOLD A CPA CERTIFICATE OR A FOREIGN CERTIFICATE, AND   2,031        

IF A MAJORITY OF THE OWNERS OF ANY QUALIFIED FIRM THAT IS A        2,032        

PARTNER HOLD A CPA CERTIFICATE OR A FOREIGN CERTIFICATE.           2,034        

      (b)  A PARTNERSHIP MAY ASSUME OR USE THE TITLE OR            2,037        

DESIGNATION "PUBLIC ACCOUNTANT," THE ABBREVIATION "PA," OR ANY     2,038        

OTHER TITLE, DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN,      2,039        

CARD, OR DEVICE TENDING TO INDICATE THAT THE PARTNERSHIP IS        2,040        

                                                          43     


                                                                 
COMPOSED OF PUBLIC ACCOUNTANTS IF IT IS A REGISTERED FIRM, IF A    2,041        

MAJORITY OF ITS PARTNERS WHO ARE INDIVIDUALS HOLD A PA             2,043        

REGISTRATION, A CPA CERTIFICATE, OR A FOREIGN CERTIFICATE, AND IF  2,046        

A MAJORITY OF THE OWNERS OF ANY QUALIFIED FIRM THAT IS A PARTNER   2,047        

HOLD A PA REGISTRATION, A CPA CERTIFICATE, OR A FOREIGN            2,050        

CERTIFICATE.                                                                    

      (2)(a)  A professional association organized for the         2,052        

practice of public accounting and incorporated under Chapter       2,054        

1785. of the Revised Code may assume or use the title OR           2,055        

DESIGNATION "certified public accountant," if all of its           2,057        

shareholders are certified public accountants in good standing     2,060        

under the law of this state or another state or may assume or use  2,061        

the title "public accountant" if all of its shareholders are       2,062        

public accountants in good standing under this chapter or its      2,065        

shareholders consist of certified public accountants and public    2,066        

accountants in good standing under this chapter, except that a     2,067        

THE ABBREVIATION "CPA," OR ANY OTHER TITLE, DESIGNATION, WORDS,    2,070        

LETTERS, ABBREVIATION, SIGN, CARD, OR DEVICE TENDING TO INDICATE   2,071        

THAT THE PROFESSIONAL ASSOCIATION IS COMPOSED OF CERTIFIED PUBLIC  2,072        

ACCOUNTANTS IF IT IS A REGISTERED FIRM, IF A MAJORITY OF ITS       2,073        

SHAREHOLDERS WHO ARE INDIVIDUALS HOLD A CPA CERTIFICATE OR A       2,074        

FOREIGN CERTIFICATE, AND IF A MAJORITY OF THE OWNERS OF ANY        2,077        

QUALIFIED FIRM THAT IS A SHAREHOLDER HOLD A CPA CERTIFICATE OR A   2,078        

FOREIGN CERTIFICATE.                                               2,079        

      (b)  A PROFESSIONAL ASSOCIATION INCORPORATED UNDER CHAPTER   2,082        

1785. OF THE REVISED CODE MAY ASSUME OR USE THE TITLE OR           2,084        

DESIGNATION "PUBLIC ACCOUNTANT," THE ABBREVIATION "PA," OR ANY     2,085        

OTHER TITLE, DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN,      2,086        

CARD, OR DEVICE TENDING TO INDICATE THAT THE PROFESSIONAL          2,087        

ASSOCIATION IS COMPOSED OF PUBLIC ACCOUNTANTS IF IT IS A           2,088        

REGISTERED FIRM, IF A MAJORITY OF ITS SHAREHOLDERS WHO ARE         2,089        

INDIVIDUALS HOLD A PA REGISTRATION, A CPA CERTIFICATE, OR A        2,091        

FOREIGN CERTIFICATE, AND IF A MAJORITY OF THE OWNERS OF ANY        2,094        

QUALIFIED FIRM THAT IS A SHAREHOLDER HOLD A PA REGISTRATION, A     2,095        

                                                          44     


                                                                 
CPA CERTIFICATE, OR A FOREIGN CERTIFICATE.                         2,097        

      (3)(a)  A corporation-for-profit organized for the practice  2,100        

of public accounting and incorporated under Chapter 1701. of the   2,102        

Revised Code may assume or use the title OR DESIGNATION                         

"certified public accountant," if all of its shareholders are      2,107        

certified public accountants in good standing under the law of     2,109        

this state or another state or may assume or use the title         2,110        

"public accountant" if all of its shareholders are public          2,112        

accountants in good standing under this chapter or its             2,113        

shareholders consist of certified public accountants and public    2,115        

accountants in good standing under this chapter, and except that   2,116        

a THE ABBREVIATION "CPA," OR ANY OTHER TITLE, DESIGNATION, WORDS,  2,119        

LETTERS, ABBREVIATION, SIGN, CARD, OR DEVICE TENDING TO INDICATE   2,120        

THAT THE CORPORATION IS COMPOSED OF CERTIFIED PUBLIC ACCOUNTANTS   2,121        

IF IT IS A REGISTERED FIRM, IF A MAJORITY OF ITS SHAREHOLDERS WHO  2,122        

ARE INDIVIDUALS HOLD A CPA CERTIFICATE OR A FOREIGN CERTIFICATE,   2,124        

AND IF A MAJORITY OF THE OWNERS OF ANY QUALIFIED FIRM THAT IS A    2,126        

SHAREHOLDER HOLD A CPA CERTIFICATE OR A FOREIGN CERTIFICATE.       2,128        

      (b)  A CORPORATION INCORPORATED UNDER CHAPTER 1701. OF THE   2,131        

REVISED CODE MAY ASSUME OR USE THE TITLE OR DESIGNATION "PUBLIC    2,133        

ACCOUNTANT," THE ABBREVIATION "PA," OR ANY OTHER TITLE,            2,134        

DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN, CARD, OR DEVICE   2,135        

TENDING TO INDICATE THAT THE CORPORATION IS COMPOSED OF PUBLIC     2,136        

ACCOUNTANTS IF IT IS A REGISTERED FIRM, IF A MAJORITY OF THE       2,137        

SHAREHOLDERS WHO ARE INDIVIDUALS HOLD A PA REGISTRATION, A CPA     2,140        

CERTIFICATE, OR A FOREIGN CERTIFICATE, AND IF A MAJORITY OF THE    2,142        

OWNERS OF ANY QUALIFIED FIRM THAT IS A SHAREHOLDER HOLD A PA       2,144        

REGISTRATION, A CPA CERTIFICATE, OR A FOREIGN CERTIFICATE.         2,146        

      (4)(a)  A limited liability company formed ORGANIZED under   2,149        

Chapter 1705. of the Revised Code for the purpose of rendering     2,151        

public accounting services may assume and OR use the title OR      2,154        

DESIGNATION "certified public accountant," if each member of the   2,157        

company and, if the management of the company is not reserved to   2,158        

its members, each manager of the company is a certified public     2,160        

                                                          45     


                                                                 
accountant in good standing under the law of this state or         2,162        

another state or may assume and use the title "public accountant"  2,163        

if each member of the company and, if the management of the        2,164        

company is not reserved to its members, each manager of the        2,167        

company is a public accountant in good standing under this         2,168        

chapter or those members and, if applicable, managers are either   2,170        

a certified public accountant or a public accountant in good       2,172        

standing under this chapter THE ABBREVIATION "CPA," OR ANY OTHER   2,175        

TITLE, DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN, CARD, OR   2,176        

DEVICE TENDING TO INDICATE THAT THE LIMITED LIABILITY COMPANY IS   2,177        

COMPOSED OF CERTIFIED PUBLIC ACCOUNTANTS IF IT IS A REGISTERED     2,178        

FIRM, IF A MAJORITY OF ITS MEMBERS WHO ARE INDIVIDUALS HOLD A CPA  2,180        

CERTIFICATE OR A FOREIGN CERTIFICATE, AND IF A MAJORITY OF THE     2,182        

OWNERS OF ANY QUALIFIED FIRM THAT IS A MEMBER HOLD A CPA           2,184        

CERTIFICATE OR A FOREIGN CERTIFICATE.                              2,185        

      (b)  A LIMITED LIABILITY COMPANY ORGANIZED UNDER CHAPTER     2,188        

1705. OF THE REVISED CODE MAY ASSUME OR USE THE TITLE OR           2,191        

DESIGNATION "PUBLIC ACCOUNTANT," THE ABBREVIATION "PA," OR ANY     2,192        

OTHER TITLE, DESIGNATION, WORDS, LETTERS, ABBREVIATION, SIGN,      2,193        

CARD, OR DEVICE TENDING TO INDICATE THAT THE LIMITED LIABILITY     2,194        

COMPANY IS COMPOSED OF PUBLIC ACCOUNTANTS IF IT IS A REGISTERED    2,195        

FIRM, IF A MAJORITY OF THE MEMBERS WHO ARE INDIVIDUALS HOLD A PA   2,197        

REGISTRATION, CPA CERTIFICATE, OR A FOREIGN CERTIFICATE, AND IF A  2,200        

MAJORITY OF THE OWNERS OF ANY QUALIFIED FIRM THAT IS A MEMBER      2,201        

HOLD A PA REGISTRATION, A CPA CERTIFICATE, OR A FOREIGN            2,203        

CERTIFICATE.                                                       2,204        

      (G)(D)  No person INDIVIDUAL shall sign, affix, or           2,207        

associate his THE INDIVIDUAL'S name or any trade or assumed name   2,209        

used by him THE INDIVIDUAL in his THE INDIVIDUAL'S profession or   2,211        

business to any opinion, review report, compilation report,        2,212        

examination report, or agreed-upon procedures report on a          2,213        

financial statement ATTEST REPORT with any wording indicating      2,214        

that he THE INDIVIDUAL is an accountant or auditor, or with any    2,217        

wording accompanying or contained in the opinion or ATTEST report  2,218        

                                                          46     


                                                                 
that indicates that he THE INDIVIDUAL has expert knowledge in      2,221        

accounting or auditing or expert knowledge regarding compliance    2,222        

with conditions established by law or contract, including, but     2,223        

not limited to, statutes, ordinances, regulations, grants, loans,  2,224        

and appropriations, unless he THE INDIVIDUAL holds a live AN OHIO  2,226        

permit issued under section 4701.10 of the Revised Code; provided  2,228        

that.  HOWEVER, this division does not prohibit any officer,       2,230        

employee, partner, or principal of any organization from affixing  2,231        

his THE OFFICER'S, EMPLOYEE'S, PARTNER'S, OR PRINCIPAL'S           2,232        

signature to any statement or report in reference to the           2,233        

financial affairs of that organization with any wording            2,234        

designating the position, title, or office that he THE INDIVIDUAL  2,235        

holds in that organization; and provided that this.  THIS          2,236        

division ALSO does not prohibit any act of a public official or    2,238        

public employee in the performance of his THE PUBLIC OFFICIAL'S    2,239        

OR PUBLIC EMPLOYEE'S duties.                                       2,240        

      (H)(E)  No person shall sign, affix, or associate the name   2,242        

of a partnership, limited liability company, professional          2,244        

association, corporation-for-profit, or other legal entity         2,245        

BUSINESS ORGANIZATION not addressed in another division of this    2,247        

section to any opinion, review report, compilation report,         2,248        

examination report, or agreed-upon procedures report on a          2,249        

financial statement ATTEST REPORT with any wording accompanying    2,250        

or contained in the opinion or ATTEST report that indicates that   2,251        

the partnership, limited liability company, professional           2,253        

association, corporation-for-profit, or other legal entity         2,254        

BUSINESS ORGANIZATION is composed of or employs accountants or     2,257        

auditors or persons having expert knowledge in accounting or                    

auditing or expert knowledge regarding compliance with conditions  2,258        

established by law or contract, including, but not limited to,     2,259        

statutes, ordinances, regulations, grants, loans, and              2,260        

appropriations, unless the partnership is entitled to designate    2,262        

itself as a partnership of certified public accountants under      2,263        

division (B) of this section or as a partnership of public         2,264        

                                                          47     


                                                                 
accountants under division (D) of this section and, if it is       2,266        

required to be registered, is registered under section 4701.04 of  2,267        

the Revised Code or unless the, limited liability company,         2,268        

professional association, or corporation-for-profit is entitled    2,269        

to designate itself as a limited liability company, professional   2,271        

association, or corporation-for-profit of certified public         2,272        

accountants or public accountants under division (F) of this       2,273        

section and, if it is required to be registered, OR OTHER                       

BUSINESS ORGANIZATION is A registered under section 4701.04 of     2,275        

the Revised Code FIRM.                                                          

      (I)(F)  No person INDIVIDUAL WHO DOES not holding a live     2,279        

HOLD AN OHIO permit under section 4701.10 of the Revised Code      2,280        

shall hold himself SELF out to the public as an "accountant" or    2,282        

"auditor" by use of either or both of those words on any sign,     2,283        

card, or letterhead, in any advertisement or directory, or         2,284        

otherwise, without indicating thereon or therein ON THE SIGN,      2,285        

CARD, OR LETTERHEAD, IN THE ADVERTISEMENT OR DIRECTORY, OR IN THE               

OTHER MANNER OF HOLDING OUT that the person does not hold a live   2,287        

AN OHIO permit; provided that.  AN INDIVIDUAL WHO HOLDS A CPA      2,288        

CERTIFICATE AND AN OHIO PERMIT MAY HOLD SELF OUT TO THE PUBLIC AS  2,289        

AN "ACCOUNTANT" OR "AUDITOR."  HOWEVER, this division does not     2,292        

prohibit any officer, employee, partner, or principal of any       2,293        

organization from describing himself SELF by the position, title,  2,295        

or office he THE PERSON holds in that organization; and provided   2,296        

that this.  THIS division ALSO does not prohibit any act of a      2,298        

public official or public employee in the performance of his THE   2,299        

PUBLIC OFFICIAL'S OR PUBLIC EMPLOYEE'S duties.                     2,300        

      (J)(G)  No partnership that is not entitled to designate     2,302        

itself as a partnership of certified public accountants under      2,304        

division (B) of this section or as a partnership of public         2,305        

accountants under division (D) of this section, and no limited     2,306        

liability company, professional association,                       2,308        

corporation-for-profit, LIMITED LIABILITY COMPANY, or other legal  2,309        

entity BUSINESS ORGANIZATION not addressed in another division of  2,310        

                                                          48     


                                                                 
this section that is not entitled to assume or use the title       2,311        

"certified public accountant" or "public accountant" under         2,312        

division (F)(C) of this section, shall hold itself out to the      2,315        

public as a firm, partnership, limited liability company,          2,316        

professional association, corporation-for-profit, LIMITED          2,317        

LIABILITY COMPANY, or other legal entity BUSINESS ORGANIZATION     2,318        

not addressed in another division of this section of AS BEING      2,320        

COMPOSED OF OR EMPLOYING "accountants" or "auditors" by use of     2,322        

either or both of those words on any sign, card, or letterhead,    2,323        

in any advertisement or directory, or otherwise, without           2,324        

indicating thereon or therein ON THE SIGN, CARD, OR LETTERHEAD,    2,325        

IN THE ADVERTISEMENT OR DIRECTORY, OR IN THE OTHER MANNER OF                    

HOLDING OUT that the partnership, limited liability company,       2,328        

professional association, corporation-for-profit, LIMITED          2,329        

LIABILITY COMPANY, or other legal entity BUSINESS ORGANIZATION is  2,330        

not A REGISTERED FIRM AND IS NOT permitted by law to practice as   2,332        

a partnership, limited liability company, professional             2,333        

association, corporation-for-profit, or other legal entity of      2,334        

public accountants PUBLIC ACCOUNTING FIRM.                                      

      (K)(H)  No person shall assume or use the title or           2,336        

designation "certified public accountant" or "public accountant"   2,337        

in conjunction with names indicating or implying that there is a   2,338        

partnership or in conjunction with the designation "and Company"   2,339        

or "and Co." or a similar designation if, in any such case OF      2,341        

THOSE CASES, there is in fact no bona fide partnership entitled    2,342        

to designate itself as a partnership of certified public           2,343        

accountants under division (B)(C)(1)(a) of this section or as a    2,344        

partnership of public accountants under division (D)(C)(1)(b) of   2,346        

this section; provided that.  HOWEVER, a sole proprietor or        2,349        

partnership that was on October 22, 1959, or a corporation that    2,350        

on or after September 30, 1974, has been, lawfully using a title   2,351        

or designation of those types in conjunction with names or         2,352        

designations of those types, may continue to do so if he or it                  

THE SOLE PROPRIETOR, PARTNERSHIP, OR CORPORATION otherwise         2,353        

                                                          49     


                                                                 
complies with this section.                                        2,354        

      (I)(1)  NOTWITHSTANDING ANY OTHER PROVISION OF THIS          2,356        

CHAPTER, AN INDIVIDUAL WHOSE PRINCIPAL PLACE OF BUSINESS IS NOT    2,357        

IN THIS STATE AND WHO HOLDS A VALID FOREIGN CERTIFICATE AS A       2,359        

CERTIFIED PUBLIC ACCOUNTANT SHALL BE PRESUMED TO HAVE              2,360        

QUALIFICATIONS SUBSTANTIALLY EQUIVALENT TO THIS STATE'S CPA        2,362        

REQUIREMENTS AND SHALL HAVE ALL OF THE PRIVILEGES OF A HOLDER OF   2,363        

A CPA CERTIFICATE AND AN OHIO PERMIT WITHOUT THE NEED TO OBTAIN A  2,364        

CPA CERTIFICATE AND AN OHIO PERMIT IF THE ACCOUNTANCY BOARD HAS    2,367        

FOUND AND HAS SPECIFIED IN ITS RULES ADOPTED PURSUANT TO DIVISION  2,368        

(A) OF SECTION 4701.03 OF THE REVISED CODE THAT THE CPA            2,370        

REQUIREMENTS OF THE STATE THAT ISSUED THE INDIVIDUAL'S FOREIGN     2,372        

CERTIFICATE ARE SUBSTANTIALLY EQUIVALENT TO THIS STATE'S CPA       2,373        

REQUIREMENTS.                                                                   

      (2)  ANY INDIVIDUAL EXERCISING THE PRIVILEGE AFFORDED UNDER  2,375        

DIVISION (I)(1) OF THIS SECTION HEREBY CONSENTS AND IS SUBJECT,    2,377        

AS A CONDITION OF THE GRANT OF THE PRIVILEGE, TO ALL OF THE        2,378        

FOLLOWING:                                                                      

      (a)  THE PERSONAL AND SUBJECT MATTER JURISDICTION OF THE     2,380        

ACCOUNTANCY BOARD;                                                 2,381        

      (b)  ALL PRACTICE AND DISCIPLINARY PROVISIONS OF THIS        2,383        

CHAPTER AND THE ACCOUNTANCY BOARD'S RULES;                         2,384        

      (c)  THE APPOINTMENT OF THE BOARD THAT ISSUED THE            2,386        

INDIVIDUAL'S FOREIGN CERTIFICATE AS THE INDIVIDUAL'S AGENT UPON    2,388        

WHOM PROCESS MAY BE SERVED IN ANY ACTION OR PROCEEDING BY THE      2,389        

ACCOUNTANCY BOARD AGAINST THE INDIVIDUAL.                          2,390        

      (3)  THE HOLDER OF A CPA CERTIFICATE AND AN OHIO PERMIT WHO  2,393        

OFFERS OR RENDERS ATTEST SERVICES OR USES THE HOLDER'S CPA TITLE   2,395        

IN ANOTHER STATE SHALL BE SUBJECT TO DISCIPLINARY ACTION IN THIS   2,396        

STATE FOR AN ACT COMMITTED IN THE OTHER STATE FOR WHICH THE        2,398        

HOLDER OF A FOREIGN CERTIFICATE ISSUED BY THE OTHER STATE WOULD    2,399        

BE SUBJECT TO DISCIPLINE IN THE OTHER STATE.                       2,400        

      (4)  THE HOLDER OF A FOREIGN CERTIFICATE WHO OFFERS OR       2,403        

RENDERS ATTEST SERVICES OR USES A CPA TITLE OR DESIGNATION IN      2,404        

                                                          50     


                                                                 
THIS STATE PURSUANT TO THE PRIVILEGE AFFORDED BY DIVISION (I)(1)   2,405        

OF THIS SECTION SHALL BE SUBJECT TO DISCIPLINARY ACTION IN THIS    2,407        

STATE FOR ANY ACT THAT WOULD SUBJECT THE HOLDER OF A CPA           2,408        

CERTIFICATE AND AN OHIO PERMIT TO DISCIPLINARY ACTION IN THIS      2,410        

STATE.                                                                          

      Sec. 4701.16.  (A)  After notice and hearing as provided in  2,422        

Chapter 119. of the Revised Code, the accountancy board may        2,423        

discipline AS DESCRIBED IN DIVISION (B) OF THIS SECTION a          2,424        

registrant or certificate holder as specified in division (B) of   2,427        

this section PERSON HOLDING AN OHIO PERMIT, AN OHIO REGISTRATION,  2,429        

A FIRM REGISTRATION, A CPA CERTIFICATE, OR A PA REGISTRATION OR    2,430        

ANY OTHER PERSON WHOSE ACTIVITIES ARE REGULATED BY THE BOARD for   2,433        

any one or any combination of the following causes:                2,434        

      (1)  Fraud or deceit in registering as a public accounting   2,436        

OBTAINING A firm, REGISTRATION OR in obtaining a CPA certificate   2,439        

as a certified public accountant, or in obtaining a permit to      2,440        

practice accounting pursuant to sections 4701.02 to 4701.19 of     2,441        

the Revised Code, A PA REGISTRATION, AN OHIO PERMIT, OR AN OHIO    2,442        

REGISTRATION;                                                      2,443        

      (2)  Dishonesty, fraud, or gross negligence in the practice  2,445        

of public accounting;                                              2,446        

      (3)  Violation of any of the provisions of section 4701.14   2,448        

of the Revised Code;                                               2,449        

      (4)  Violation of a rule of professional conduct             2,451        

promulgated by the board under the authority granted by sections   2,452        

4701.02 to 4701.22 of the Revised Code THIS CHAPTER;               2,453        

      (5)  Conviction of a felony under the laws of any state or   2,455        

of the United States;                                              2,456        

      (6)  Conviction of any crime, an element of which is         2,458        

dishonesty or fraud, under the laws of any state or of the United  2,459        

States;                                                            2,460        

      (7)  Cancellation, revocation, suspension, or refusal to     2,462        

renew authority to practice as a certified public accountant, a    2,463        

public accountant, or a public accounting firm by any other        2,464        

                                                          51     


                                                                 
state, for any cause other than failure to pay registration fees   2,465        

in such THAT other state;                                          2,466        

      (8)  Suspension or revocation of the right to practice       2,468        

before any state or federal agency;                                2,469        

      (9)  Failure of a certified public accountant or public      2,471        

accountant HOLDER OF A CPA CERTIFICATE OR PA REGISTRATION to       2,473        

obtain the AN OHIO permit required by section 4701.10 of the       2,475        

Revised Code OR AN OHIO REGISTRATION, or THE failure of a public   2,476        

accounting firm to register with the board pursuant to section     2,477        

4701.04 of the Revised Code OBTAIN A FIRM REGISTRATION;            2,478        

      (10)  Conduct discreditable to the public accounting         2,480        

profession OR TO THE HOLDER OF AN OHIO PERMIT, OHIO REGISTRATION,  2,482        

OR FOREIGN CERTIFICATE;                                                         

      (11)  FAILURE OF A PUBLIC ACCOUNTING FIRM TO COMPLY WITH     2,484        

SECTION 4701.04 OF THE REVISED CODE.                               2,485        

      (B)  For any of the reasons specified in division (A) of     2,487        

this section, the board may DO ANY OF THE FOLLOWING:               2,488        

      (1)  Revoke or, suspend, OR REFUSE TO RENEW any CPA          2,491        

certificate issued under section 4701.06 or 4701.061 of the        2,492        

Revised Code OR PA REGISTRATION or any registration granted under  2,494        

section 4701.04 or 4701.07 of the Revised Code OHIO PERMIT, OHIO   2,495        

REGISTRATION, OR FIRM REGISTRATION;                                             

      (2)  Revoke, suspend, or refuse to renew any permit issued   2,497        

under section 4701.10 of the Revised Code DISQUALIFY A PERSON WHO  2,499        

IS NOT A HOLDER OF AN OHIO PERMIT OR A FOREIGN CERTIFICATE FROM    2,501        

OWNING AN EQUITY INTEREST IN A PUBLIC ACCOUNTING FIRM OR           2,502        

QUALIFIED FIRM;                                                                 

      (3)  Publicly censure a registrant REGISTERED FIRM or A      2,504        

holder of a CPA certificate, A PA REGISTRATION, AN OHIO PERMIT,    2,509        

OR AN OHIO REGISTRATION;                                           2,510        

      (4)  Levy AGAINST A REGISTERED FIRM OR A HOLDER OF A CPA     2,514        

CERTIFICATE, A PA REGISTRATION, AN OHIO PERMIT, OR AN OHIO         2,517        

REGISTRATION a penalty OR fine not to exceed one thousand dollars  2,518        

for each offense.  Any fine shall be reasonable and in relation    2,519        

                                                          52     


                                                                 
to the severity of the offense.                                    2,520        

      (5)  In the case of violations of division (A)(2) or (4) of  2,522        

this section, require completion of remedial continuing education  2,523        

programs prescribed by the board in addition to those required by  2,524        

section 4701.11 of the Revised Code;                               2,525        

      (6)  In the case of violations of division (A)(2) or (4) of  2,527        

this section, require the HOLDER OF A CPA certificate holder or    2,529        

registrant, PA REGISTRATION, OR FIRM REGISTRATION to submit to a   2,531        

quality PEER review by a professional committee designated by the  2,533        

board, which committee shall report to the board concerning the    2,534        

certificate holder's or registrant's THAT HOLDER'S compliance      2,535        

with generally accepted accounting principles or, GENERALLY        2,536        

ACCEPTED auditing standards, OR OTHER GENERALLY ACCEPTED           2,538        

TECHNICAL STANDARDS;                                                            

      (7)  REVOKE OR SUSPEND THE PRIVILEGES TO OFFER OR RENDER     2,540        

ATTEST SERVICES IN THIS STATE OR TO USE A CPA TITLE OR             2,541        

DESIGNATION IN THIS STATE OF AN INDIVIDUAL WHO HOLDS A FOREIGN     2,542        

CERTIFICATE.                                                                    

      (C)  Where IF the board levies a fine against or suspends    2,544        

the certificate of a person or registration of a person or firm    2,545        

for a violation of division (A)(2) or (4) of this section, it may  2,546        

waive all or any portion of the fine or suspension where IF the    2,547        

HOLDER OF THE CPA certificate holder or registrant, PA             2,549        

REGISTRATION, OR FIRM REGISTRATION complies fully with division    2,550        

(B)(5) or (6) of this section.                                     2,551        

      Sec. 4701.19.  (A)  All statements, records, schedules,      2,560        

working papers, and memoranda made by a certified public           2,561        

accountant or public accountant incident to or in the course of    2,562        

professional service to clients by the accountant, except reports  2,563        

submitted by a certified public accountant or public accountant    2,564        

to a client, shall be and remain the property of the accountant,   2,565        

in the absence of an express agreement between the accountant and  2,566        

the client to the contrary.  No such statement, record, schedule,  2,567        

working paper, or memorandum OF THAT NATURE shall be sold,         2,568        

                                                          53     


                                                                 
transferred, or bequeathed, without the consent of the client or   2,570        

his THE CLIENT'S personal representative or assignee, to anyone    2,571        

ANY PERSON other than one or more surviving partners or new        2,573        

partners of the accountant.                                                     

      (B)  The statements, records, schedules, working papers,     2,575        

and memoranda made by a certified public accountant or public      2,576        

accountant incident to or in the course of performing an audit of  2,577        

a public office or private entity, except reports submitted by     2,578        

the accountant to the client, are not a public record as defined.  2,580        

STATEMENTS, RECORDS, SCHEDULES, WORKING PAPERS, AND MEMORANDA      2,581        

THAT ARE SO MADE IN AN AUDIT BY A CERTIFIED PUBLIC ACCOUNTANT OR                

PUBLIC ACCOUNTANT AND THAT ARE IN THE POSSESSION OF THE AUDITOR    2,582        

OF STATE ALSO ARE NOT A PUBLIC RECORD.  AS USED IN THIS DIVISION,  2,583        

"PUBLIC RECORD" HAS THE SAME MEANING AS in section 149.43 of the   2,585        

Revised Code.                                                                   

      Sec. 4701.29.  (A)  THE ACCOUNTANCY BOARD MAY INVESTIGATE    2,588        

WHETHER A PERSON HAS VIOLATED ANY PROVISION OF THIS CHAPTER OR     2,589        

RULE ADOPTED UNDER IT BEFORE COMMENCING A DISCIPLINARY PROCEEDING  2,590        

PURSUANT TO SECTION 4701.16 OF THE REVISED CODE OR TAKING LEGAL    2,591        

ACTION PURSUANT TO SECTION 4701.18 OF THE REVISED CODE.  AN        2,593        

INVESTIGATION UNDER THIS SECTION IS NOT SUBJECT TO CHAPTER 119.    2,595        

OF THE REVISED CODE.                                               2,597        

      THE BOARD MAY APPOINT A COMMITTEE OF BOARD MEMBERS OR STAFF  2,600        

EMPLOYED BY THE BOARD TO CONDUCT AN INVESTIGATION.                              

NOTWITHSTANDING ANY STATUTE OR RULE TO THE CONTRARY, A BOARD       2,601        

MEMBER WHO PARTICIPATES IN AN INVESTIGATION MAY PARTICIPATE        2,603        

ACTIVELY IN ANY HEARING OR PROCEEDING TO THE SAME EXTENT AS A      2,604        

BOARD MEMBER WHO DID NOT PARTICIPATE IN THE INVESTIGATION.         2,605        

      (B)  DURING AN INVESTIGATION, THE BOARD MAY ADMINISTER       2,608        

OATHS, ORDER THE TAKING OF DEPOSITIONS, ISSUE SUBPOENAS, COMPEL    2,609        

THE ATTENDANCE AND TESTIMONY OF A PERSON AT A DEPOSITION, AND      2,610        

COMPEL THE PRODUCTION OF ANY FORM OF DOCUMENTARY EVIDENCE OR       2,611        

RECORD.  SUBPOENAS AND ORDERS TO COMPEL UNDER THIS SECTION MAY BE  2,612        

SERVED BY A DESIGNEE OF THE BOARD OR BY CERTIFIED MAIL, RETURN     2,613        

                                                          54     


                                                                 
RECEIPT REQUESTED, TO THE RESIDENCE OR PLACE OF BUSINESS OF THE    2,615        

INDIVIDUAL, PROFESSIONAL ASSOCIATION, FIRM, CORPORATION,                        

PARTNERSHIP, SOLE PROPRIETORSHIP, LIMITED LIABILITY COMPANY, OR    2,617        

OTHER BUSINESS ORGANIZATION NAMED IN THE SUBPOENA OR ORDER.        2,619        

      (C)(1)  ANY WITNESS WHO APPEARS IN RESPONSE TO A SUBPOENA    2,622        

OF THE BOARD MAY REQUEST, AND SHALL RECEIVE WITHIN A REASONABLE    2,623        

TIME AFTER MAKING THE REQUEST, THE FEES AND MILEAGE PROVIDED FOR   2,624        

WITNESSES IN CIVIL CASES IN THE COURTS OF COMMON PLEAS IN THIS     2,625        

STATE.                                                                          

      (2)  IF A PERSON FAILS TO COMPLY WITH A SUBPOENA OR ORDER    2,627        

ISSUED BY THE BOARD UNDER THIS SECTION, THE BOARD MAY APPLY TO     2,629        

THE FRANKLIN COUNTY COURT OF COMMON PLEAS FOR AN ORDER COMPELLING  2,630        

COMPLIANCE WITH THE BOARD'S SUBPOENA OR ORDER.  UPON APPLICATION   2,631        

BY THE BOARD AND UPON EVIDENCE OF THE PERSON'S FAILURE TO COMPLY,  2,632        

THE COURT SHALL COMPEL THE APPEARANCE OF THE PERSONS OR THE        2,633        

PRODUCTION OF THE DOCUMENTS NAMED IN THE BOARD'S SUBPOENA OR       2,634        

ORDER IN ACCORDANCE WITH THE RULES OF CIVIL PROCEDURE.  THE COURT  2,637        

ALSO MAY ISSUE ANY CONTEMPT CITATION AND SANCTION THE COURT DEEMS  2,638        

APPROPRIATE.                                                       2,639        

      (D)  THE INVESTIGATIVE PROCEEDINGS OF THE BOARD UNDER THIS   2,642        

SECTION ARE NOT A PUBLIC RECORD UNDER SECTION 149.43 OF THE        2,643        

REVISED CODE, ARE CONFIDENTIAL, AND ARE NOT SUBJECT TO DISCOVERY   2,644        

IN ANY CIVIL OR ADMINISTRATIVE ACTION OR PROCEEDING.               2,645        

      Section 2.  That existing sections 1111.01, 2925.01,         2,647        

4701.01, 4701.04, 4701.06, 4701.061, 4701.07, 4701.10, 4701.11,    2,648        

4701.12, 4701.13, 4701.14, 4701.16, and 4701.19 of the Revised     2,650        

Code are hereby repealed.                                          2,651        

      Section 3.  Section 2925.01 of the Revised Code is           2,653        

presented in this act as a composite of the section as amended by  2,654        

both Am. Sub. S.B. 66 and Am. Sub. S.B. 117 of the 122nd General   2,656        

Assembly, with the new language of neither of the acts shown in    2,657        

capital letters.  Section 4701.16 of the Revised Code is           2,659        

presented in this act as a composite of the section as amended by  2,660        

both Am. Sub. S.B. 165 and Am. S.B. 316 of the 119th General       2,661        

                                                          55     


                                                                 
Assembly, with the new language of neither of the acts shown in    2,663        

capital letters.  This is in recognition of the principle stated   2,664        

in division (B) of section 1.52 of the Revised Code that such      2,665        

amendments are to be harmonized where not substantively            2,666        

irreconcilable and constitutes a legislative finding that such is  2,667        

the resulting version in effect prior to the effective date of     2,668        

this act.