1.1A bill for an act1.2relating to occupations and professions; modifying provisions governing the 1.3Board of Accountancy;amending Minnesota Statutes 2006, sections 13.411, by 1.4adding a subdivision; 326A.01, subdivisions 2, 12, 17, by adding a subdivision; 1.5326A.02, subdivisions 1, 3, 4, 5, 6, by adding a subdivision; 326A.03; 326A.04; 1.6326A.05, subdivisions 1, 2, 3, 4, 5; 326A.06; 326A.07; 326A.08, subdivisions 1.72, 4, 5, 6, 7, 8, 9; 326A.10; 326A.12; 326A.13; 326A.14; repealing Minnesota 1.8Statutes 2006, section 326A.05, subdivision 9.1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.10    Section 1. Minnesota Statutes 2006, section 13.411, is amended by adding a 1.11subdivision to read:1.12    Subd. 9.Board of Accountancy.Data relating to disciplinary proceedings involving 1.13licensees of the Board of Accountancy are classified under section 326A.08, subdivision 2.1.14    Sec. 2. Minnesota Statutes 2006, section 326A.01, subdivision 2, is amended to read:1.15    Subd. 2. Attest. "Attest" means to provide the following financial statement 1.16services:1.17(1) an audit or other engagement performed in accordance with the Statements on 1.18Auditing Standards (SAS);1.19(2) a review of a financial statement performed in accordance with the Statements on 1.20Standards for Accounting and Review Services (SSARS); and1.21(3) an examination of prospective financial information performed in accordance 1.22with the Statements on Standards for Attestation Engagements (SSAE).; and1.23(4) any engagement performed in accordance with auditing and related standards of 1.24the Public Company Accounting Oversight Board.2.1    Sec. 3. Minnesota Statutes 2006, section 326A.01, subdivision 12, is amended to read:2.2    Subd. 12. Peer review. "Peer review" means aan independent study, appraisal, or 2.3review of one or more aspects of the professional work of a certificate holder or CPA firm2.4licensee that performsissues attest or compilation services reports, or the professional 2.5work of a person registered under section 
         326A.06, paragraph (b), by a person or persons 2.6who hold certificates and who are not affiliated with the certificate holder, CPA firm, or 2.7person being reviewed persons who are not affiliated with the licensee being reviewed. 2.8    Sec. 4. Minnesota Statutes 2006, section 326A.01, is amended by adding a subdivision 2.9to read:2.10    Subd. 13a.Principal place of business."Principal place of business" means the 2.11office location designated by the licensee for purposes of substantial equivalency and 2.12reciprocity in this state and in other states.2.13    Sec. 5. Minnesota Statutes 2006, section 326A.01, subdivision 17, is amended to read:2.14    Subd. 17. Substantial equivalency. "Substantial equivalency" is a determination 2.15under section 326A.14 by the Board of Accountancy or its designee that the education, 2.16examination, and experience requirements contained in the statutes and administrative 2.17rules of another jurisdiction are comparable to, or exceed the education requirements 2.18in section 326A.03, subdivisions 3 and 6, paragraph (a), examination` requirements in 2.19section 326A.03, subdivision 4, paragraph (a), and experience requirements contained in 2.20this chaptersection 326A.03, subdivision 6, paragraph (b), or that an individual CPA's 2.21education, examination, and experience qualifications are comparable to or exceed 2.22the education, examination, and experience requirements contained in this chapter2.23subdivision. For purposes of ascertaining substantial equivalency under the provisions of 2.24this chapter, the board shall take into account the qualifications of the individual without 2.25regard to the sequence in which experience, education, or examination were attained.2.26    Sec. 6. Minnesota Statutes 2006, section 326A.02, subdivision 1, is amended to read:2.27    Subdivision 1. Board. A Board of Accountancy is created to carry out the purposes 2.28and enforce the provisions of this chapter. It consists of nine citizens of this state appointed 2.29by the governor. Two must be public members as defined by section 
         214.02, and seven 2.30must be certified public accountants under the provisions of this chapter. Effective 2.31January 1, 2003, no fewer than five of the certified public accountants must be owners or 2.32employees of a CPA firm that holds a current permit and provides professional services at 2.33the time of appointment and reappointment. At leastNo fewer than two board members, 3.1who may be any of the seven certified public accountants, at the time of appointment and 3.2reappointment must be owners or employees of a CPA firm that: 3.3(1) holds a current permit;3.4(2) provides professional services; and3.5(3) consists of ten or fewer certified public accountants.3.6    Sec. 7. Minnesota Statutes 2006, section 326A.02, subdivision 3, is amended to read:3.7    Subd. 3. Officers; proceedings. The board shall elect one of its number as chair, 3.8another as vice-chair, and another as secretary and treasurer. The officers shall hold their 3.9respective offices for a term of one year and until their successors are elected. The 3.10affirmative vote of a majority of the qualified members of the board, or a majority of a 3.11quorum of the board at any meeting duly called, is considered the action of the board. 3.12The board shall meet at such times and places as may be fixed by the board. Meetings 3.13of the board are subject to chapter 13D. A majority of the board members then in office 3.14constitutes a quorum at any meeting duly called. The board shall have a seal, which 3.15must be judicially noticed. The board shall retain or arrange for the retention of all 3.16applications and all documents under oath that are filed with the board and also records of 3.17its proceedings, and it shall maintain a registry of the names and addresses of all licensees 3.18and registrants under this chapter. In any proceeding in court, civil or criminal, arising 3.19out of or founded upon any provision of this chapter, copies of records of the proceeding 3.20certified as true copies under the seal of the boardsby the board chair or executive director 3.21shall be admissible in evidence as tending to prove the contents of the records.3.22    Sec. 8. Minnesota Statutes 2006, section 326A.02, subdivision 4, is amended to read:3.23    Subd. 4. Powers.The powers and duties of the board shall be as provided in this 3.24chapter or as otherwise provided by law. The board, or the complaint committee if 3.25authorized by the board, may issue subpoenas to compel the attendance of witnesses and 3.26the production of documents, to administer oaths, to take testimony, to cooperate with the 3.27appropriate state, federal, foreign regulatory, or law enforcement authorities in other states3.28in investigation and enforcement concerning violations of this chapter and comparable 3.29acts of other states, and to receive evidence concerning all matters within the scope of this 3.30chapter. In case of disobedience of a subpoena, the board may invoke the aid of any court 3.31in requiring the attendance and testimony of witnesses and the production of documentary 3.32evidence. The board, its members, and its agents are immune from personal liability for 3.33actions taken in good faith in the discharge of the board's responsibilities, and the state 3.34shall hold the board, its members, and its agents harmless from all costs, damages, and 4.1attorneys fees arising from claims and suits against them with respect to matters to which 4.2such immunity applies. The board shall enforce the standard of general education, the 4.3standard of special education in the science and art of accounting, and the standard of 4.4good character and general experience laws relating to the practice of public accounting, 4.5as prescribed in this chapter and rules adopted by the board.4.6    Sec. 9. Minnesota Statutes 2006, section 326A.02, subdivision 5, is amended to read:4.7    Subd. 5. Rules. The board may adopt rules governing its administration and 4.8enforcement of this chapter and the conduct of licensees and persons registered under 4.9section 
         326A.06, paragraph (b), including: 4.10(1) rules governing the board's meetings and the conduct of its business;4.11(2) rules of procedure governing the conduct of investigations and hearings and 4.12discipline by the board;4.13(3) rules specifying the educational and experience qualifications required for the 4.14issuance of certificates and the continuing professional education required for renewal 4.15of certificates;4.16(4) rules of professional conduct directed to controlling the quality and probity 4.17of services by licensees, and dealing among other things with independence, integrity, 4.18and objectivity; competence and technical standards; and responsibilities to the public 4.19and to clients;4.20(5) rules governing the professional standards applicable to licensees including 4.21adoption of the statements on standards specified in section 
         326A.01, subdivision 2, and 4.22as developed for general application by recognized national accountancy organizations 4.23such as the American Institute of Certified Public Accountants or the Public Company 4.24Accounting Oversight Board; 4.25(6) rules governing the manner and circumstances of use of the titles "certified public 4.26accountant," "CPA," "registered accounting practitioner," and "RAP";4.27(7) rules regarding peer review that may be required to be performed under 4.28provisions of this chapter;4.29(8) rules on substantial equivalence to implement section 
         326A.14; 4.30(9) rules regarding the conduct of the certified public accountant examination;4.31(10) rules regarding the issuance and renewals of certificates, permits, and 4.32registrations;4.33(11) rules regarding transition provisions to implement this chapter;4.34(12) rules specifying the educational and experience qualifications for registration, 4.35rules of professional conduct, rules regarding peer review, rules governing standards for 5.1providing services, and rules regarding the conduct and content of examination for those 5.2persons registered under section 
         326A.06, paragraph (b); and5.3(13) rules regarding fees for examinations, certificate issuance and renewal, firm 5.4permits, registrations under section 
         326A.06, paragraph (b), notifications made under 5.5section 
         326A.14, and late processing fees.; and5.6(14) upon any change to this chapter, if the board determines a change in Minnesota 5.7Rules is required, the board may initiate the expedited process under section 14.389 up to 5.8one year after the effective date of the change to this chapter.5.9    Sec. 10. Minnesota Statutes 2006, section 326A.02, subdivision 6, is amended to read:5.10    Subd. 6. Complaint committee. The board shall establish a complaint committee 5.11to investigate, mediate, or initiate administrative or legal proceedings on behalf of the 5.12board with respect to complaints filed with or information received by the board alleging 5.13or indicating violations of this chapter or rules adopted by the board. The complaint 5.14committee shall consist of three members of the board.5.15    Sec. 11. Minnesota Statutes 2006, section 326A.02, is amended by adding a 5.16subdivision to read:5.17    Subd. 8.Executive director.The board shall appoint an executive director to 5.18assist the board in performing its duties.5.19    Sec. 12. Minnesota Statutes 2006, section 326A.03, is amended to read:5.20326A.03 CERTIFIED PUBLIC ACCOUNTANT QUALIFICATIONS.5.21    Subdivision 1. Qualifications. The certificate of certified public accountant shall 5.22be granted to persons of good moral character who meet the education, experience, and 5.23examination requirements of this section and rules adopted under it and who apply 5.24under section 
         326A.04. 5.25Good moral character for purposes of this sectionchapter means the propensity to 5.26provide professional services in a fair, honest, and trustworthy manner and a lack of 5.27a history of dishonest or felonious acts. The board may refuse to grant a certificate on 5.28the ground of failure to satisfy this requirement only if there is a substantial connection 5.29between the lack of good moral character of the applicant and the professional 5.30responsibilities of a licensee and if the finding by the board of lack of good moral 5.31character is supported by clear and convincing evidence. When an applicant is found to 5.32be unqualified for a certificate because of a lack of good moral character, the board shall 5.33furnish the applicant a statement containing the findings of the board, a complete record 6.1of the evidence upon which the determination was based, and a notice of the applicant's 6.2right of appeal.6.3    Subd. 2. Examination before July 1, 2006; required education and experience.6.4Until July 1, 2006, the examination must be administered by the board only to a candidate 6.5who:6.6(1) holds a master's degree with a major in accounting from a college or university 6.7that is fully accredited by a recognized accrediting agency listed with the United States 6.8Department of Education;6.9(2) holds a baccalaureate degree, with a major in accounting, from a college or 6.10university that is fully accredited by a recognized accrediting agency listed with the 6.11United States Department of Education or who has in the opinion of the board at least 6.12an equivalent education;6.13(3) holds a baccalaureate degree from a college or university that is fully accredited 6.14by a recognized accrediting agency listed with the United States Department of Education, 6.15or who has in the opinion of the board at least an equivalent education, provided that at 6.16least one year of experience of the type specified in subdivision 8 has been completed;6.17(4) provides evidence of having completed two or more years of study with a passing 6.18grade average or above from a college, university, technical college, or a Minnesota 6.19licensed private school that is fully accredited by a recognized accrediting agency listed 6.20with the United States Department of Education, or who has in the opinion of the board 6.21at least an equivalent education, provided that at least three years experience of the type 6.22specified in subdivision 8 has been completed; or6.23(5) holds a diploma as a graduate of an accredited high school, or who has in the 6.24opinion of the board at least an equivalent education, provided that at least five years 6.25experience of the type specified in subdivision 8 has been completed.6.26    Subd. 3. Examination on or after July 1, 2006; required education. On or after 6.27July 1, 2006, the examination must be administered by the board only to a candidate who 6.28has a baccalaureate or higher degree, with a major in accounting or a major in business 6.29with accounting emphasis, or an equivalent education, from a college or university 6.30that is fully accredited by a recognized accrediting agency listed with the United States 6.31Department of Education or an equivalent accrediting association.6.32    Subd. 3a.Early examination.Notwithstanding any contrary provision in this 6.33section, the board may adopt rules to permit a person under certain circumstances:6.34(1) to apply for the examination within 180 days prior to the person's anticipated 6.35completion of the education requirements; and7.1(2) to take all or a part of the examination within 90 days of the anticipated 7.2completion of the education requirements. No credit shall be given for any part of the 7.3examination taken before completion of the education requirements in subdivision 3 7.4unless:7.5(i) the education requirements in subdivision 3 and adopted rule requirements are 7.6met within 120 days after taking any part of the examination; and7.7(ii) documentation of completion of education requirements is received by the board 7.8within 150 days of the person taking any part of the examination.7.9    Subd. 4. Examination requirements. (a) The examination required to be passed 7.10as a condition for the granting of a certificate must be held as often as convenient, in the 7.11opinion of the board, and must test the applicant's knowledge of the subjects of accounting 7.12and auditing, and other related subjects that the board may specify by rule, including but 7.13not limited to business law and taxation. The time for holding the examination must be 7.14determined by the board and may be changed from time to time. The board shall prescribe 7.15by rule the methods of applying for and conducting the examination, including methods 7.16for grading and determining a passing grade required of an applicant for a certificate. 7.17However, the board shall to the extent possible ensure that the examination itself, grading 7.18of the examination, and the passing grades, are uniform with those applicable in all other 7.19states. The board may make such use of all or any part of the Uniform Certified Public 7.20Accountant Examination and Advisory Grading Service of the American Institute of 7.21Certified Public Accountants and may contract with third parties to perform administrative 7.22services with respect to the examination that it considers appropriate to assist it in 7.23performing its duties under this paragraph.7.24(b) The board may charge, or provide for a third party administering the examination 7.25to charge, each applicant a fee.7.26    Subd. 5. Certificate before July 1, 2006; required experience. Until July 1, 2006, 7.27those persons a person who have has passed the examination required by this section and 7.28who meet meets all other requirements for a certificate, including payment of required 7.29fees, must be granted certificates a certificate as a certified public accountants accountant, 7.30providing that they have the person has completed the following experience requirements 7.31of the type specified in subdivision 8 in addition to any experience already required in 7.32subdivision 2:7.33(1) for those whose educational qualifications meet the requirements of subdivision 7.342, clause (1), the experience requirement is one year;7.35(2) for those whose educational qualifications meet the requirements of subdivision 7.362, clause (2), the experience requirement is two years;8.1(3) for those whose educational and experience qualifications meet the requirements 8.2of subdivision 2, clause (3), the additional required experience is two years;8.3(4) for those whose educational and experience qualifications meet the requirements 8.4of subdivision 2, clause (4), the additional required experience is two years; and8.5(5) for those whose educational and experience qualifications meet the requirements 8.6of subdivision 2, clause (5), the additional required experience is one year.8.7    Subd. 6. Certificate on or after July 1, 2006; required education and experience.8.8(a) On or after July 1, 2006, those persons a person who have has passed the examination 8.9required in this section must be granted certificates a certificate as a certified public 8.10accountants accountant provided they certify: (1) the person certifies to the board that 8.11they have the person has completed at least 150 semester or 225 quarter hours at a college 8.12or university that is fully accredited by a recognized accrediting agency listed with the 8.13United States Department of Education, or an equivalent accrediting association, and 8.14have has completed at least one year of experience of the type specified in paragraph (b); 8.15(2) the board verifies the certifications; and (3) the person complies with requirements 8.16for initial issuance of the certificate as a certified public accountant as prescribed by 8.17the board by rule.8.18(b) An applicant for initial issuance of a certificate under this subdivision shall 8.19show that the applicant has had one year of experience. Acceptable experience 8.20includes providing any type of service or advice involving the use of accounting, attest, 8.21compilation, management advisory, financial advisory, tax, or consulting skills, as verified 8.22by a licensee and meeting requirements prescribed by the board by rule. Acceptable 8.23experience may be gained through employment in government, industry, academia, or 8.24public practice. Experience as an auditor in the Office of the Legislative Auditor or State 8.25Auditor, as verified by a licensee, shall be acceptable experience.8.26    Subd. 7. Equivalent education criteria. The board, in consultation with the 8.27University of Minnesota, the Minnesota State Colleges and Universities, private colleges, 8.28and private career schools regulated under chapter 141, shall establish criteria to assess 8.29equivalent education for purposes of subdivision 3.8.30    Subd. 8. Qualifying experience until July 1, 2006. Until July 1, 2006, qualifying 8.31experience includes public accounting experience:8.32(1) as a staff employee of a certified public accountant, or a firm;8.33(2) as an auditor in the Office of the Legislative Auditor or State Auditor, or as an 8.34auditor or examiner with any other agency of government, if the experience, in the opinion 8.35of the board, is equally comprehensive and diversified;8.36(3) as a self-employed public accountant or as a partner in a firm; or9.1(4) in any combination of the foregoing capacities.9.2    Sec. 13. Minnesota Statutes 2006, section 326A.04, is amended to read:9.3326A.04 CERTIFICATE ISSUED OR RENEWED ISSUANCE AND 9.4RENEWAL; COMPETENCY STANDARD.9.5    Subdivision 1. Eligibility. The board shall grant or renew certificates to persons9.6a person of good moral character who make makes an application and demonstrate: 9.7(1)demonstrates that their the person's qualifications, including where applicable the 9.8qualifications prescribed by section 
         326A.03, are in accordance with this section; orand 9.9rules adopted by the board.9.10(2) that they are eligible under the substantial equivalency standard in section 9.11326A.14, subdivision 1, paragraph (b), which requires licensure for those certified public 9.12accountants who establish their principal places of business in another state. The holder of 9.13a certificate issued under this section may only provide attest services in a CPA firm that 9.14holds a permit issued under section 
         326A.05. 9.15    Subd. 2. Timing. (a) Certificates must be initially issued and renewed for periods 9.16of not more than one yearthree years but in any event must expire on the December 31 9.17following issuance or renewal in the year prescribed by the board by rule. Applications for 9.18certificates must be made in the form, and in the case of applications for renewal between 9.19the dates, specified by the board in rule. The board shall grant or deny an application no 9.20later than 90 days after the application is filed in proper form. If the applicant seeks the 9.21opportunity to show that issuance or renewal of a certificate was mistakenly denied, or if 9.22the board is unable to determine whether it should be granted or denied, the board may 9.23issue to the applicant a provisional certificate that expires 90 days after its issuance, or 9.24when the board determines whether or not to issue or renew the certificate for which 9.25application was made, whichever occurs first.9.26(b) Certificate holders who do not provide professional services and do not use the 9.27certified public accountant designation in any manner are not required to renew their 9.28certificates provided they have notified the board as provided in board rule and comply 9.29with the requirements for nonrenewal as specified in board rule.9.30(c) Applications for renewal of a certificate that are complete and timely filed with 9.31the board and are not granted or denied by the board before January 1 are renewed on a 9.32provisional basis as of January 1 and for 90 days thereafter, or until the board grants or 9.33denies the renewal of the certificate, whichever occurs first, provided the licensee meets 9.34the requirements in this chapter and rules adopted by the board.10.1    Subd. 3. Residents of other states. (a) With regard to applicantsan applicant 10.2who domust obtain a certificate in this state because the applicant does not qualify for 10.3reciprocity under the substantial equivalency standard in section 
         326A.14, subdivision 10.41
         , paragraph (b), the board shall issue a certificate to a holder of a certificate, license, or 10.5permit issued by another state upon a showing that: 10.6(1) the applicant passed the examination required for issuance of the applicant'sa 10.7certificate with grades that would have been passing grades at the time in this state;10.8(2) the applicant had four years of experience outside of this state of the type 10.9described in section 
         326A.03, subdivision 6, paragraph (b), if application is made on or 10.10after July 1, 2006, or section 
         326A.03, subdivision 8, if application is made before July 10.111, 2006; or the applicant meets equivalent requirements prescribed by the board by rule, 10.12after passing the examination upon which the applicant's certificate was based and within 10.13the ten years immediately preceding the application; and10.14(3) if the applicant's certificate, license, or permit was issued more than four years 10.15prior to the application for issuance of an initial certificate under this subdivision, that the 10.16applicant has fulfilled the requirements of continuing professional education that would 10.17have been applicable under subdivision 4.; and10.18(4) the applicant has met the qualifications prescribed by the board by rule.10.19(b) As an alternative to the requirements of paragraph (a), A certificate holder 10.20licensed by another state who establishes a principal place of business in this state shall 10.21request the issuance of a certificate from the board prior to establishing the principal place 10.22of business. The board shall issue a certificate to the person if the person's individual 10.23certified public accountant qualifications, upon verification, are substantially equivalent 10.24to the certified public accountant licensure requirements of this chapter or the person 10.25meets equivalent requirements as the board prescribes by rule. Residents of this state 10.26who provide professional services in this state at an office location in this state shall be 10.27considered to have their principal place of business in this state.10.28    Subd. 4. Program of learning.For renewal of a certificate under this section,10.29Each licensee shall participate in a program of learning designed to maintain professional 10.30competency. The program of learning must comply with rules adopted by the board. 10.31The board may by rule create an exception to this requirement for licensees who do not 10.32perform or offer to perform for the public one or more kinds of services involving the use 10.33of accounting or auditing skills, including issuance of reports on financial statements or of 10.34one or more kinds of management advisory, financial advisory or consulting services, or 10.35the preparation of tax returns or the furnishing of advice on tax matters. A licensee granted 10.36such an exception by the board must place the word "inactive" adjacent to the CPA title 11.1on any business card, letterhead, or any other document or device, with the exception of 11.2the licensee's certificate on which the CPA title appears.11.3    Subd. 5. Fee. The board shall charge a fee for each application for initial issuance or 11.4renewal of a certificate under this section.11.5    Subd. 6. Other state licenses.Applicants An applicant for initial issuance or 11.6renewal of certificates a certificate under this section shall in their applications list in 11.7the application all states in which they have the applicant has applied for or hold holds11.8certificates, licenses, or permits, and list any past denial, revocation, or suspension of a 11.9certificate, license, or permit. Each holder of or applicant for a certificate under this section 11.10shall notify the board in writing, within 30 days after its occurrence, of any issuance, 11.11denial, revocation, or suspension of a certificate, license, or permit by another state.11.12    Subd. 7. Certificates issued by foreign countries. The board shall issue a 11.13certificate to a holder of a substantiallygenerally equivalent foreign country designation, 11.14provided that:11.15(1) the foreign authority that granted the designation makes similar provision to 11.16allow a person who holds a valid certificate issued by this state to obtain the foreign 11.17authority's comparable designation;11.18(2) the foreign designation:11.19(i) was duly issued by a foreign authority that regulates the practice of public 11.20accountancy and the foreign designation has not expired or been revoked or suspended;11.21(ii) entitles the holder to issue reports upon financial statements; and11.22(iii) was issued upon the basis of educational, examination, and experience 11.23requirements established by the foreign authority or by law; and11.24(3) the applicant:11.25(i) received the designation, based on educational and examination standards 11.26substantiallygenerally equivalent to those in effect in this state, at the time the foreign 11.27designation was granted;11.28(ii) has, within the ten years immediately preceding the application, completed an 11.29experience requirement that is substantiallygenerally equivalent to the requirement in 11.30section 
         326A.03, subdivision 6, paragraph (b), if application is made on or after July 1, 11.312006, or section 
         326A.03, subdivision 8, if application is made before July 1, 2006, in 11.32the jurisdiction that granted the foreign designation; completed four years of professional 11.33experience in this state; or met equivalent requirements prescribed by the board by 11.34rule; and 12.1(iii) passed a uniform qualifying examination in national standards and an 12.2examination on the laws, regulations, and code of ethical conduct in effect in this state 12.3acceptable to as the board prescribes by rule.12.4    Subd. 8. Other jurisdictions in which foreign applicant is licensed. An applicant 12.5under subdivision 7 shall list in the application list all jurisdictions, foreign and domestic, 12.6in which the applicant has applied for or holds a designation to practice public accountancy. 12.7Each holder of a certificate issued under subdivision 7 shall notify the board in writing, 12.8within 30 days after its occurrence, of any issuance, denial, revocation, or suspension of a 12.9designation or commencement of a disciplinary or enforcement action by any jurisdiction.12.10    Subd. 9. Application by foreign certificate holder. The board has the sole 12.11authority to interpret the application of the provisions of subdivisions 7 and 8.12.12    Subd. 10. Peer review. The board shall by rule require as a condition for renewal 12.13of a certificate under this section by any certificate holder who performs compilation 12.14services for the public other than through a CPA firm, that the individual undergo, no more 12.15frequently than once every three years, a peer review conducted in a manner specified 12.16by the board in rule. The review shall include verification that the individual has met the 12.17competency requirements set out in professional standards for the services described in 12.18this subdivision as set forth by rule.12.19    Subd. 11. Automatic revocation. The certificates certificate of persons a person12.20who fail fails to renew their certificates a certificate for more than two years after 12.21expiration or the certificate of a person who had not reported required experience to the 12.22board by January 1, 2003, and who fails to report the required experience under Minnesota 12.23Rules shall be automatically revoked by order of the board. The orders may be issued by 12.24the board without following the procedures of chapter 14, provided the board notifies each 12.25such affected person by mail at the person's last known address on file with the board at 12.26least three days prior to the issuance of any such order. No notice is required if the last 12.27communication sent by the board to a licensee was returned to the board by the United 12.28States Postal Service as undeliverable and with no forwarding address. Certificates so12.29revoked by the board may be reinstated, if at all, under section 
         326A.09. This subdivision 12.30does not apply to certified public accountants who have notified the board, according to 12.31requirements prescribed by board rule, that they will not use the CPA designation in any 12.32manner and will not provide professional services. 12.33    Subd. 12.Professional ethics examination.The board shall adopt rules 12.34establishing requirements for a professional ethics examination which must be completed 12.35before an initial certificate is issued under this section.13.1    Sec. 14. Minnesota Statutes 2006, section 326A.05, subdivision 1, is amended to read:13.2    Subdivision 1. General. The board shall grant or renew permits to practice as a CPA 13.3firm to entities that make application and demonstrate their qualifications in accordance 13.4with this section. A firm must hold a permit issued under this section in order to provide 13.5attest services or to use the title "CPAs" or "CPA firm."13.6(a) The following must hold a permit issued under this section:13.7(1) any firm with an office in this state performing attest services as defined in 13.8section 326A.01, subdivision 2;13.9(2) to the extent required by section 326A.10, paragraph (k), any firm with an office 13.10in this state performing compilation services as defined in section 326A.01, subdivision 6;13.11(3) any firm with an office in this state that uses the title "CPA" or "CPA firm"; or13.12(4) any firm that does not have an office in this state but performs attest services 13.13as described in section 326A.01, subdivision 2, paragraph (1), (3), or (4), for a client 13.14having its headquarters in this state.13.15(b) A firm possessing a valid permit from another state which does not have an office 13.16in this state may perform services described in section 326A.01, subdivision 2, clause (2), 13.17or subdivision 6, for a client having its headquarters in this state and may use the title 13.18"CPA" or "CPA firm" without a permit issued under this section only if:13.19(1) it has the qualifications described in subdivision 3, paragraph (b);13.20(2) as a condition to the renewal of the firm's permit issued by the other state, that 13.21state requires a peer review which contains the requirements equivalent to subdivision 8, 13.22paragraphs (a) and (e); and13.23(3) it performs the services through an individual who has been granted practice 13.24privileges under section 326A.14.13.25(c) A firm possessing a valid permit from another state that does not have an office 13.26in this state and which is not subject to the requirements of paragraph (a), clause (4), or 13.27(b), may perform other professional services while using the title "CPA" or "CPA firm" in 13.28this state without a permit issued under this section only if the firm:13.29(1) has the qualifications described in subdivision 3, paragraph (b);13.30(2) performs the services through an individual who has been granted practice 13.31privileges under section 326A.14; and13.32(3) can lawfully perform the services in the state where the individuals with practice 13.33privileges have their principal place of business.13.34    Sec. 15. Minnesota Statutes 2006, section 326A.05, subdivision 2, is amended to read:14.1    Subd. 2. Timing.(a) Permits must be initially issued and renewed for periods of 14.2not more than one year but in any event must expire on December 31 following issuance 14.3or renewal. Applications for permits shall be made in the form, and in the case of 14.4applications for renewal between the dates, as the board specifies in rule. The board shall 14.5grant or deny an application no later than 90 days after the application is filed in proper 14.6form. If the applicant seeks the opportunity to show that issuance or renewal of a permit 14.7was mistakenly denied or if the board is not able to determine whether it should be granted 14.8or denied, the board may issue to the applicant a provisional permit, which expires 90 14.9days after its issuance, or when the board determines whether or not to issue or renew the 14.10permit for which application was made, whichever occurs first.14.11(b) Applications for renewal of a permit that are complete and timely filed with the 14.12board and are not granted or denied by the board before January 1 are renewed on a 14.13provisional basis as of January 1 and for 90 days thereafter, or until the board grants 14.14or denies the permit, whichever occurs first, provided the licensee meets the renewal 14.15requirements in this chapter and rules adopted by the board.14.16    Sec. 16. Minnesota Statutes 2006, section 326A.05, subdivision 3, is amended to read:14.17    Subd. 3. Qualifications. (a) An applicant for initial issuance or renewal of a permit 14.18to practice under this section shall comply with the requirements in this subdivision.14.19(b) Notwithstanding chapter 319B or any other provision of law, a simple majority 14.20of the ownership of the firm, in terms of financial interests and voting rights of all partners, 14.21officers, shareholders, members, or managers, must belong to holders of certificates who 14.22are licensed in some state, and the partners, officers, shareholders, members, or managers, 14.23whose principal place of business is in this state, and who perform professional services in 14.24this state, must hold valid certificates issued under section 
         326A.04 or the corresponding 14.25provision of prior law. Although firms may include nonlicensee owners, the firm and 14.26its ownership must comply with rules adopted by the board. The firm shall register all 14.27nonlicensee owners with the state board as set forth by rule. An individual who has been 14.28granted practice privileges under section 326A.14 and who performs services for which 14.29a firm permit is required under section 326A.14, subdivision 1, paragraph (d), is not 14.30required to obtain a certificate from the board under section 326A.04.14.31(c) A CPA firm may include nonlicensee owners provided that:14.32(1) the firm designates a licensee of this state, or in the case of a firm that must 14.33have a permit according to section 326A.14, subdivision 1, paragraph (d), a licensee of 14.34another state who meets the requirements in section 326A.14, subdivision 1, paragraph 15.1(a) or (b), who is responsible for the proper registration of the firm and identifies that 15.2individual to the board;15.3(2) all nonlicensee owners are persons of good moral character and are active 15.4individual participants in the CPA firm or affiliated entities; and15.5(3) the firm complies with other requirements imposed by the board in rule.15.6(d) An individual licensee and any individual granted practice privileges under 15.7section 326A.14 who is responsible for supervising attest or compilation services and 15.8signs or authorizes someone to sign the accountant's report on the financial statements 15.9on behalf of the firm, shall meet the competency requirements set out in the professional 15.10standards for such services.15.11(e) An individual licensee and any individual granted practice privileges under 15.12section 326A.14 who signs or authorizes someone to sign the accountants' report on 15.13the financial statements on behalf of the firm shall meet the competency requirement of 15.14paragraph (d).15.15    Sec. 17. Minnesota Statutes 2006, section 326A.05, subdivision 4, is amended to read:15.16    Subd. 4. Initial issuance or renewal. An applicant for initial issuance or renewal of 15.17a permit to practice under this section shall register each office of the firm within this state 15.18with the board and to show that all attest and compilation services rendered in this state 15.19are under the charge of a person holding a valid certificate, or the corresponding provision 15.20of prior law issued by this state or another state.15.21    Sec. 18. Minnesota Statutes 2006, section 326A.05, subdivision 5, is amended to read:15.22    Subd. 5. Fees. The board shall charge a fee for each application for initial issuance 15.23or renewal of a permit under this section. A firm that is required to hold a permit under 15.24this section and has one or more offices located in another state shall pay an initial permit 15.25issuance fee of $100 and an annual renewal fee of $68.15.26    Sec. 19. Minnesota Statutes 2006, section 326A.06, is amended to read:15.27326A.06 ACCOUNTING PRACTITIONER; REGISTRATION; 15.28CERTIFICATE LPA'S AND ACCOUNTING PRACTITIONERS.15.29(a) All licensed public accountants (LPAs) who are actively licensed by the state 15.30board on December 31, 2002, shall be issued a certified public accountant certificate. 15.31LPAs are those accountants who were eligible for licensure on July 1, 1979, under the 15.32law in effect on that date and who were issued a license as a licensed public accountant 15.33by the board at that time.16.1(b) By July 1, 2004, The board shall implement a voluntary registration of 16.2accounting practitioners. The board shall prescribe by rule the limitations of practice, 16.3educational preparation, examination, registration, fees, peer review, and continuing 16.4education requirements for the registration. The board shall consult with the University of 16.5Minnesota, the Minnesota State Colleges and Universities, the Minnesota Association of 16.6Private Postsecondary Schools, the Private College Council, the Minnesota Association 16.7of Public Accountants, and other organizations as appropriate in the implementation 16.8of this section.16.9    Sec. 20. Minnesota Statutes 2006, section 326A.07, is amended to read:16.10326A.07 APPOINTMENT OF SECRETARY OF STATE AS AGENT.16.11Application by a person or a firm not a resident of this state for a certificate 16.12issued under section 326A.04 or a permit issued under section 326A.05 shall constitute 16.13appointment of the secretary of state as the applicant's agent upon whom process may be 16.14served in any action or proceeding against the applicant arising out of any transaction 16.15or operation connected with or incidental to services performed by the applicant while 16.16a licensee within this state.16.17    Sec. 21. Minnesota Statutes 2006, section 326A.08, subdivision 2, is amended to read:16.18    Subd. 2. Hearings conducted under chapter 14. Except as otherwise described in 16.19this section, all hearings shall be conducted in accordance with chapter 14.16.20Hearings conducted under chapter 14 that relate to a disciplinary action must be closed 16.21to the public, except for individuals whose presence is necessary for conducting the 16.22proceeding or providing testimony or evidence. The hearing record and the findings, 16.23conclusions, report, and order or recommendation of the administrative law judge are 16.24private data on individuals, as defined in section 13.02, until the board issues its final order 16.25or the report or order of the administrative law judge becomes the final decision in the case.16.26    Sec. 22. Minnesota Statutes 2006, section 326A.08, subdivision 4, is amended to read:16.27    Subd. 4. Cease and desist orders. (a) The board, or the complaint committee if 16.28authorized by the board, may issue and have served upon a certificate holder, a permit 16.29holder, a registration holder, a person with practice privileges granted under section 16.30326A.14
         , a person  who has previously been subject to a disciplinary order by the board, 16.31or an unlicensed firm or person an order requiring the person or firm to cease and desist 16.32from the act or practice constituting a violation of the statute, rule, or order. The order 16.33must be calculated to give reasonable notice of the rights of the person or firm to request a 17.1hearing and must state the reasons for the entry of the order. No order may be issued until 17.2an investigation of the facts has been conducted pursuant to section 
         214.10. 17.3(b) Service of the order is effective when the order is served on the person, firm, or 17.4counsel of record personally, or by certified mail to the most recent address provided to 17.5the board for the person, firm, or counsel of record.17.6(c) Unless otherwise agreed by the board, or the complaint committee if authorized 17.7by the board, and the person or firm requesting the hearing, the hearing must be held no 17.8later than 30 days after the request for the hearing is received by the board.17.9(d) The administrative law judge shall issue a report within 30 days of the close of 17.10the contested case hearing record, notwithstanding Minnesota Rules, part 1400.8100, 17.11subpart 3. Within 30 days after receiving the report and any exceptions to it, the board 17.12shall issue a further order vacating, modifying, or making permanent the cease and desist 17.13orders as the facts require.17.14(e) If no hearing is requested within 30 days of service of the order, the order 17.15becomes final and remains in effect until it is modified or vacated by the board.17.16(f) If the person or firm to whom a cease and desist order is issued fails to appear at 17.17the hearing after being duly notified, the person or firm is in default and the proceeding 17.18may be determined against that person or firm upon consideration of the cease and desist 17.19order, the allegations of which may be considered to be true.17.20(g) In lieu of or in addition to the order provided in paragraph (a), the board may 17.21require the person or firm to provide to the board a true and complete list of the person's 17.22or firm's clientele so that they can, if deemed necessary, be notified of the board's action. 17.23Failure to do so, or to provide an incomplete or inaccurate list, is an act discreditable.17.24    Sec. 23. Minnesota Statutes 2006, section 326A.08, subdivision 5, is amended to read:17.25    Subd. 5. Actions against persons or firms. (a) The board may, by order, deny, 17.26refuse to renew, suspend, temporarily suspend, or revoke the application, or practice 17.27privileges, registration or certificate of a person or firm; censure or reprimand the person 17.28or firm; prohibit the person or firm from preparing tax returns or reporting on financial 17.29statements; limit the scope of practice of any licensee; limit privileges under section 17.30326A.14; refuse to permit a person to sit for examination; or refuse to release the person's 17.31examination grades if the board finds that the order is in the public interest and that, based 17.32on a preponderance of the evidence presented, the person or firm:17.33(1) has violated a statute, rule, or order that the board has issued or is empowered 17.34to enforce;18.1(2) has engaged in conduct or acts that are fraudulent, deceptive, or dishonest 18.2whether or not the conduct or acts relate to performing or offering to perform professional 18.3services, providing that the fraudulent, deceptive, or dishonest conduct or acts reflect 18.4adversely on the person's or firm's ability or fitness to provide professional services;18.5(3) has engaged in conduct or acts that are negligent or otherwise in violation of 18.6the standards established by board rule, where the conduct or acts relate to providing 18.7professional services, including in the filing or failure to file the licensee's income tax 18.8returns;18.9(4) has been convicted of, has pled guilty or nolo contendere to, or has been 18.10sentenced as a result of the commission of a felony or crime, an element of which is 18.11dishonesty or fraud; has been shown to have or admitted to having engaged in acts or 18.12practices tending to show that the person or firm is incompetent; or has engaged in conduct 18.13reflecting adversely on the person's or firm's ability or fitness to provide professional 18.14services, whether or not a conviction was obtained or a plea was entered or withheld and 18.15whether or not dishonesty or fraud was an element of the conduct;18.16(5) employed fraud or deception in obtaining a certificate, permit, registration, 18.17practice privileges, renewal, or reinstatement or in passing all or a portion of the 18.18examination;18.19(6) has had the person's or firm's permit, registration, practice privileges, certificate, 18.20right to examine, or other similar authority revoked, suspended, canceled, limited, or not 18.21renewed for cause, or has committed unprofessional acts for which the person or firm was 18.22otherwise disciplined or sanctioned, including, but not limited to, being ordered to or 18.23agreeing to cease and desist from prescribed conduct, in any state or any foreign country;18.24(7) has had the person's or firm's right to practice before any federal, state, or18.25other government agency, or Public Company Accounting Oversight Board revoked, 18.26suspended, canceled, limited, or not renewed for cause, or has committed unprofessional 18.27acts for which the person or firm was otherwise disciplined or sanctioned, including, but 18.28not limited to, being ordered to or agreeing to cease and desist from prescribed conduct;18.29(8) failed to meet any requirement for the issuance or renewal of the person's or 18.30firm's certificate, registration or permit, or for practice privileges;18.31(9) with respect to temporary suspension orders, has committed an act, engaged in 18.32conduct, or committed practices that may result or may have resulted, in the opinion of the 18.33board or the complaint committee if authorized by the board, in an immediate threat to 18.34the public; or19.1(10) has engaged in any conduct reflecting adversely upon the person's or firm's 19.2fitness to perform services while a licensee, individual granted privileges under section 19.3326A.14
         , or a person registered under section 
         326A.06, paragraph (b).; or19.4(11) has, prior to a voluntary surrender of a certificate or permit to the board, 19.5engaged in conduct which at any time resulted in the discipline or sanction described 19.6in clause (6) or (7).19.7(b) In lieu of or in addition to any remedy provided in paragraph (a), the board, 19.8or the complaint committee if authorized by the board, may require, as a condition of 19.9continued possession of a certificate, a registration, or practice privileges, termination 19.10of suspension, reinstatement of permit, registration of a person or firm or of practice 19.11privileges under section 
         326A.14, a certificate, an examination, or release of examination 19.12grades, that the person or firm: 19.13(1) submit to a peer review of the person's or firm's ability, skills, or quality of work, 19.14conducted in a fashion and by persons, entity, or entities as required by the board; and19.15(2) complete to the satisfaction of the board continuing professional education 19.16courses specified by the board.19.17(c) Service of the order is effective if the order is served on the person, firm, or 19.18counsel of record personally or by certified mail to the most recent address provided to 19.19the board for the person, firm, or counsel of record. The order shall state the reasons 19.20for the entry of the order.19.21(d) All hearings required by this subdivision must be conducted in accordance 19.22with chapter 14 except with respect to temporary suspension orders as provided for in 19.23subdivision 6.19.24(e) In addition to the remedies authorized by this subdivision, the board, or the 19.25complaint committee if authorized by the board, may enter into an agreement with the 19.26person or firm for corrective action and may unilaterally issue a warning to a person or 19.27firm.19.28(f) The board shall not use agreements for corrective action or warnings in any 19.29situation where the person or firm has been convicted of or pled guilty or nolo contendere 19.30to a felony or crime and the felony or crime is the basis of the board's action against the 19.31person or firm, where the conduct of the person or firm indicates a pattern of related 19.32violations of paragraph (a) or the rules of the board, or where the board concludes that 19.33the conduct of the person or firm will not be deterred other than by disciplinary action 19.34under this subdivision or subdivision 4 or 6.19.35(g) Agreements for corrective action may be used by the board, or the complaint 19.36committee if authorized by the board, where the violation committed by the person or firm 20.1does not warrant disciplinary action pursuant to this subdivision or subdivision 4 or 6, but 20.2where the board, or the complaint committee if authorized by the board, determines that 20.3corrective action is required to prevent further such violations and to otherwise protect 20.4the public. Warnings may be used by the board, or the complaint committee if authorized 20.5by the board, where the violation of the person or firm is de minimus, does not warrant 20.6disciplinary action under this subdivision or subdivision 4 or 6, and does not require 20.7corrective action to protect the public.20.8(h) Agreements for corrective action must not be considered disciplinary action 20.9against the person's or firm's application, permit, registration or certificate, or practice 20.10privileges under section 
         326A.14. However, agreements for corrective action are public 20.11data. Warnings must not be considered disciplinary action against the person's or firm's 20.12application, permit, registration, or certificate or person's practice privileges and are 20.13private data. 20.14    Sec. 24. Minnesota Statutes 2006, section 326A.08, subdivision 6, is amended to read:20.15    Subd. 6. Temporary suspension order provisions. (a) When the board, or the 20.16complaint committee if authorized by the board, issues a temporary suspension order, the 20.17suspension is in effect upon service of a written order on the person, firm, or counsel of 20.18record as provided in subdivision 4, paragraph (b), specifying the statute, rule, or order 20.19violated. The order remains in effect until the board issues a final order in the matter after 20.20a hearing or upon agreement between the board and the person or firm.20.21(b) The order may prohibit the person or firm from providing professional services 20.22in whole or in part, as the facts may require, and may condition the end of such suspension 20.23on compliance with a statute, rule, or order that the board has issued or is empowered 20.24to enforce.20.25(c) The order must set forth the rights to hearing contained in this section and must 20.26state the reasons for the entry of order.20.27(d) Within ten days after service of the order, the person or firm may request a 20.28hearing in writing. The board shall hold a hearing before its own members within five 20.29working days of a receipt of a request for hearing or within five working days of receipt of 20.30a request for hearing on the sole issue of whether there is a reasonable basis to continue, 20.31modify, or lift the temporary suspension. This hearing is not subject to chapter 14. 20.32Evidence presented by the board or the person or firm shall be in affidavit form only. The 20.33person, firm, or counsel of record may appear for oral argument.20.34(e) Within five working days after the hearing, the board shall issue its order and, 20.35if the suspension is continued, schedule a contested case hearing within 30 days after 21.1issuance of the order. The administrative law judge shall issue a report within 30 days 21.2after closing of the contested case hearing record, notwithstanding the provisions of 21.3Minnesota Rules, part 1400.8100, subpart 3. The board shall issue a final order within 30 21.4days after receipt of that report.21.5    Sec. 25. Minnesota Statutes 2006, section 326A.08, subdivision 7, is amended to read:21.6    Subd. 7. Violation; penalties; costs of proceeding. (a) The board may impose a 21.7civil penalty not to exceed $2,000 per violation upon a person or a firm that violates an 21.8order, statute, or rule that the board has issued or is empowered to enforce.21.9(b) The board may, in addition, impose a fee to reimburse the board for all or 21.10part of the cost of the proceedings, including reasonable investigative costs, resulting 21.11in disciplinary or corrective action authorized by this section, the imposition of civil 21.12penalties, or the issuance of a cease and desist order. The fee may be imposed when the 21.13board shows that the position of the person or firm that violates a statute, rule, or order 21.14that the board has issued or is empowered to enforce is not substantially justified, unless 21.15special circumstances make an award unjust, notwithstanding the provisions of Minnesota 21.16Rules, part 1400.8401. The costs include, but are not limited to, the amount paid by the 21.17board for services from the office of administrative hearings, attorney and reasonable 21.18investigative fees, court reporters, witnesses, reproduction of records, board members' per 21.19diem compensation, board staff time, and expense incurred by board members and staff.21.20(c) All hearings required by this subdivision must be conducted in accordance with 21.21chapter 14.21.22    Sec. 26. Minnesota Statutes 2006, section 326A.08, subdivision 8, is amended to read:21.23    Subd. 8. Other persons and entities subject to discipline. Any person or entity 21.24who prepares or reports on financial statements or schedules for a client for a fee is subject 21.25to this section and the practice of the person or entity may be disciplined by the boards21.26board as provided for in this section. The board may discipline a person or entity based on 21.27violations of this chapter, the board's rules, or misrepresentations made by the person or 21.28entity regarding the work the person or entity performed.21.29    Sec. 27. Minnesota Statutes 2006, section 326A.08, subdivision 9, is amended to read:21.30    Subd. 9. Notification of other states. In any case where the board renders a 21.31decision imposing discipline against a person or firm, the board shall examine its records 21.32to determine whether the person or firm holds a certificate or a permit in any other state. If 22.1so, the board shall notify the board of accountancy of the other state of its decision, by 22.2mail or by other reasonable means, within 45 days of the decision becoming final.22.3    Sec. 28. Minnesota Statutes 2006, section 326A.10, is amended to read:22.4326A.10 UNLAWFUL ACTS.22.5(a) Only a licensee and individuals who have been granted practice privileges 22.6under section 326A.14 may issue a report on financial statements of any person, firm, 22.7organization, or governmental unit that results from providing attest services, or offer to 22.8render or render any attest service. Only a certified public accountant, an individual who 22.9has been granted practice privileges under section 326A.14, a CPA firm, or, to the extent 22.10permitted by board rule, a person registered under section 
         326A.06, paragraph (b), may 22.11issue a report on financial statements of any person, firm, organization, or governmental 22.12unit that results from providing compilation services or offer to render or render any 22.13compilation service. These restrictions do not prohibit any act of a public official or 22.14public employee in the performance of that person's duties or prohibit the performance 22.15by any nonlicensee of other services involving the use of accounting skills, including 22.16the preparation of tax returns, management advisory services, and the preparation of 22.17financial statements without the issuance of reports on them. Nonlicensees may prepare 22.18financial statements and issue nonattest transmittals or information on them which do not 22.19purport to be in compliance with the Statements on Standards for Accounting and Review 22.20Services (SSARS). Nonlicensees registered under section 
         326A.06, paragraph (b), may, 22.21to the extent permitted by board rule, prepare financial statements and issue nonattest 22.22transmittals or information on them. 22.23(b) Licensees and individuals who have been granted practice privileges under 22.24section 326A.14 performing attest or compilation services must provide those services in 22.25accordance with professional standards. To the extent permitted by board rule, registered 22.26accounting practitioners performing compilation services must provide those services in 22.27accordance with standards specified in board rule.22.28(c) A person who does not hold a valid certificate issued under section 
         326A.0422.29or a practice privilege granted under section 326A.14 shall not use or assume the title 22.30"certified public accountant," the abbreviation "CPA," or any other title, designation, 22.31words, letters, abbreviation, sign, card, or device tending to indicate that the person is a 22.32certified public accountant. 22.33(d) A firm shall not provide attest services or assume or use the title "certified public 22.34accountants," the abbreviation "CPAs," or any other title, designation, words, letters, 22.35abbreviation, sign, card, or device tending to indicate that the firm is a CPA firm unless (1) 23.1the firm holds a valid permit issued underhas complied with section 
         326A.05, and (2) 23.2ownership of the firm is in accordance with this chapter and rules adopted by the board. 23.3(e) A person or firm that does not hold a valid certificate or permit issued under 23.4section 
         326A.04 or 
         326A.05or has not otherwise complied with section 326A.04 or 23.5326A.05 as required in this chapter shall not assume or use the title "certified accountant," 23.6"chartered accountant," "enrolled accountant," "licensed accountant," "registered 23.7accountant," "accredited accountant," "accounting practitioner," "public accountant," 23.8"licensed public accountant," or any other title or designation likely to be confused 23.9with the title "certified public accountant," or use any of the abbreviations "CA," "LA," 23.10"RA," "AA," "PA," "AP," "LPA," or similar abbreviation likely to be confused with the 23.11abbreviation "CPA." The title "enrolled agent" or "EA" may only be used by individuals 23.12so designated by the Internal Revenue Service. 23.13(f) Persons registered under section 
         326A.06, paragraph (b), may use the title 23.14"registered accounting practitioner" or the abbreviation "RAP." A person who does not 23.15hold a valid registration under section 
         326A.06, paragraph (b), shall not assume or use 23.16such title or abbreviation. 23.17(g) Except to the extent permitted in paragraph (a), nonlicensees may not use 23.18language in any statement relating to the financial affairs of a person or entity that is 23.19conventionally used by licensees in reports on financial statements. In this regard, the 23.20board shall issue by rule safe harbor language that nonlicensees may use in connection 23.21with such financial information. A person or firm that does not hold a valid certificate or 23.22permit, or a registration issued under section 
         326A.04, 
         326A.05, or 
         326A.06, paragraph 23.23(b)
         , or has not otherwise complied with section 326A.04 or 326A.05 as required in this 23.24chapter shall not assume or use any title or designation that includes the word "accountant" 23.25or "accounting" in connection with any other language, including the language of a report, 23.26that implies that the person or firm holds such a certificate, permit, or registration or has 23.27special competence as an accountant. A person or firm that does not hold a valid certificate 23.28or permit issued under section 
         326A.04 or 
         326A.05or has not otherwise complied with 23.29section 326A.04 or 326A.05 as required in this chapter shall not assume or use any title 23.30or designation that includes the word "auditor" in connection with any other language, 23.31including the language of a report, that implies that the person or firm holds such a 23.32certificate or permit or has special competence as an auditor. However, this paragraph 23.33does not prohibit any officer, partner, member, manager, or employee of any firm or 23.34organization from affixing that person's own signature to any statement in reference to the 23.35financial affairs of such firm or organization with any wording designating the position, 24.1title, or office that the person holds, nor prohibit any act of a public official or employee in 24.2the performance of the person's duties as such. 24.3(h) No person holding a certificate or registration or firm holding a permit under 24.4this chapter shall use a professional or firm name or designation that is misleading about 24.5the legal form of the firm, or about the persons who are partners, officers, members, 24.6managers, or shareholders of the firm, or about any other matter. However, names of one 24.7or more former partners, members, managers, or shareholders may be included in the 24.8name of a firm or its successor.24.9(i) Paragraphs (a) to (h) do not apply to a person or firm holding a certification, 24.10designation, degree, or license granted in a foreign country entitling the holder to engage 24.11in the practice of public accountancy or its equivalent in that country, if:24.12(1) the activities of the person or firm in this state are limited to the provision of 24.13professional services to persons or firms who are residents of, governments of, or business 24.14entities of the country in which the person holds the entitlement;24.15(2) the person or firm performs no attest or compilation services and issues no reports 24.16with respect to the financial statements of any other persons, firms, or governmental 24.17units in this state; and24.18(3) the person or firm does not use in this state any title or designation other than 24.19the one under which the person practices in the foreign country, followed by a translation 24.20of the title or designation into English, if it is in a different language, and by the name 24.21of the country.24.22(j) No holder of a certificate issued under section 
         326A.04 may perform attest 24.23services through any business form that does not hold a valid permit issued under section 24.24326A.05
         . 24.25(k) No individual licensee may issue a report in standard form upon a compilation 24.26of financial information through any form of business that does not hold a valid permit 24.27issued under section 
         326A.05, unless the report discloses the name of the business through 24.28which the individual is issuing the report, and the individual: 24.29(1) signs the compilation report identifying the individual as a certified public 24.30accountant;24.31(2) meets the competency requirement provided in applicable standards; and24.32(3) undergoes no less frequently than once every three years, a peer review 24.33conducted in a manner specified by the board in rule, and the review includes verification 24.34that the individual has met the competency requirements set out in professional standards 24.35for such services.25.1(l) No person registered under section 
         326A.06, paragraph (b), may issue a report 25.2in standard form upon a compilation of financial information unless the board by rule 25.3permits the report and the person: 25.4(1) signs the compilation report identifying the individual as a registered accounting 25.5practitioner;25.6(2) meets the competency requirements in board rule; and25.7(3) undergoes no less frequently than once every three years a peer review conducted 25.8in a manner specified by the board in rule, and the review includes verification that the 25.9individual has met the competency requirements in board rule.25.10(m) Nothing in this section prohibits a practicing attorney or firm of attorneys from 25.11preparing or presenting records or documents customarily prepared by an attorney or firm 25.12of attorneys in connection with the attorney's professional work in the practice of law.25.13(n) Notwithstanding other provisions of this section, persons preparing unaudited 25.14financial statements under corresponding provisions of prior law shall be permitted to 25.15perform compilation services until six months after the board adopts rules under section 25.16326A.06.The board shall adopt rules that place limitations on receipt by a licensee or a 25.17person who holds a registration under section 326A.06, paragraph (b), of:25.18(1) contingent fees for professional services performed; and25.19(2) commissions or referral fees for recommending or referring to a client any 25.20product or service.25.21(o) Anything in this section to the contrary notwithstanding, it shall not be a violation 25.22of this section for a firm not holding a valid permit under section 326A.05 and not having 25.23an office in this state to provide its professional services in this state so long as it complies 25.24with the applicable requirements of section 326A.05, subdivision 1.25.25    Sec. 29. Minnesota Statutes 2006, section 326A.12, is amended to read:25.26326A.12 CONFIDENTIAL COMMUNICATIONS.25.27(a) Except by permission of the client for whom a licensee performs services 25.28or the heirs, successors, or personal representatives of the client, a licensee shall not 25.29voluntarily disclose information communicated to the licensee by the client relating to 25.30and in connection with services rendered to the client by the licensee. Nothing in this 25.31section may be construed to prohibit:25.32(1) the disclosure of information required to be disclosed by the standards of the 25.33public accounting profession in reporting on the examination of financial statements; or25.34(2) disclosures in court proceedings, in investigations or proceedings under section 25.35326A.08
         , in ethical investigations conducted by private professional organizations, in the 26.1course of peer reviews, to other persons active in the organization performing services for 26.2that client on a need-to-know basis, or to persons in the entity who need this information 26.3for the sole purpose of assuring quality control. 26.4(b) This section also applies to persons registered under section 
         326A.06, paragraph 26.5(b)
         , and to persons granted a practice privilege under section 326A.14. 26.6    Sec. 30. Minnesota Statutes 2006, section 326A.13, is amended to read:26.7326A.13 WORKING PAPERS; CLIENTS' RECORDS.26.8(a) Subject to the provisions of section 
         326A.12, all statements, records, schedules, 26.9working papers, and memoranda made by a licensee or a partner, shareholder, officer, 26.10director, member, manager, or employee of a licensee, incident to, or in the course of, 26.11rendering services to a client while a licensee, except the reports submitted by the licensee 26.12to the client and except for records that are part of the client's records, remain the property 26.13of the licensee in the absence of an express agreement between the licensee and the 26.14client to the contrary. No statement, record, schedule, working paper, or memorandum 26.15may be sold, transferred, or bequeathed, without the consent of the client or the client's 26.16personal representative or assignee, to anyone other than one or more surviving partners, 26.17stockholders, members or new partners, new stockholders, new members of the licensee, 26.18or any combined or merged firm or successor in interest to the licensee. Nothing in this 26.19section may be construed as prohibiting any temporary transfer of workpapers or other 26.20material necessary in the course of carrying out peer reviews or as otherwise interfering 26.21with the disclosure of information pursuant to section 
         326A.12. 26.22(b) A licensee shall furnish to a client or former client, upon request and reasonable 26.23notice:26.24(1) a copy of the licensee's working papers, to the extent that the working papers 26.25include records that would ordinarily constitute part of the client's records and are not 26.26otherwise available to the client; and26.27(2) any accounting or other records belonging to, or obtained from or on behalf of, 26.28the client that the licensee removed from the client's premises or received for the client's 26.29account. The licensee may make and retain copies of such documents of the client when 26.30they form the basis for work done by the licensee.26.31(c) Nothing in this section requires a licensee to keep any work paper beyond the 26.32period prescribed in any other applicable statute.26.33(d) This section also applies to persons registered under section 
         326A.06, paragraph 26.34(b), and to persons granted a practice privilege under section 326A.14. 27.1    Sec. 31. Minnesota Statutes 2006, section 326A.14, is amended to read:27.2326A.14 SUBSTANTIAL EQUIVALENCY.27.3    Subdivision 1. Requirements. (a) An individual whose principal place of business 27.4is not in this state and who hasholds a valid certificate or license in good standing as 27.5a certified public accountant from any state which, upon verification, is in substantial 27.6equivalence with the certified public accountant licensure requirements of this chapter27.7section 326A.03, subdivisions 3, 4, and 6, shall be presumed to have qualifications 27.8substantially equivalent to this state's requirements and shall have all the privileges of 27.9certificate holders and licensees of this state without the need to obtain a certificate 27.10or permit license. However, such individuals shall notify the board of their intent to 27.11enter the state under this provision as provided for in board rule and pay the required 27.12fee. Notwithstanding any contrary provision of this chapter, an individual who offers 27.13or renders professional services, whether in person, by mail, telephone, or electronic 27.14means, under this paragraph: (1) shall be granted practice privileges in this state; (2) is 27.15subject to the requirements in paragraph (c); and (3) is not required to provide any notice 27.16or other submission.27.17(b) An individual whose principal place of business is not in this state and who has27.18holds a valid certificate or license in good standing as a certified public accountant from 27.19any state whose certified public accountant licensure qualifications, upon verification, 27.20are not substantially equivalent with the licensure requirements of this chaptersection 27.21326A.03, subdivisions 3, 4, and 6, shall be presumed to have qualifications substantially 27.22equivalent to this state's requirements and shall have all the privileges of certificate 27.23holders and licensees of this state without the need to obtain a certificate or permitlicense 27.24if the individual obtains verification, as specified in board rule, that the individual's 27.25qualifications are substantially equivalent to the licensure requirements of this chapter27.26section 326A.03, subdivisions 3, 4, and 6. Such individuals shall notify the board of their 27.27intent to enter the state under this provision as provided for in board rule and pay the 27.28required fee. For purposes of this paragraph, any individual who passed the Uniform CPA 27.29Examination and holds a valid license issued by any other state prior to January 1, 2009, is 27.30exempt from the education requirement in section 326A.03, subdivision 6, paragraph (a), 27.31provided the individual meets the education requirement in section 326A.03, subdivision 27.323. Notwithstanding any contrary provision of this chapter, an individual who offers or 27.33renders professional services, whether in person, by mail, telephone, or electronic means, 27.34under this paragraph: (1) shall, after the verification specified by adopted rules, be granted 27.35practice privileges in this state; (2) is subject to the requirements in paragraph (c); and (3) 27.36is not required to provide any notice or other submission.28.1(c) AnyAn individual licensee of another state exercising the privilege afforded 28.2under this section consents and the firm which employs that licensee are deemed to have 28.3consented, as a condition of the grant of this privilege:28.4(1) to the personal and subject matter jurisdiction and disciplinary authority of 28.5the board;28.6(2) to comply with this chapter and the board's rules; and28.7(3) to the appointment of the state board that issued the license as the licensee's 28.8agent upon whom process may be served in any action or proceeding by this board 28.9against the licensee.; and28.10(4) to cease offering or rendering professional services in this state individually and 28.11on behalf of a firm in the event the license issued by the state of the individual's principal 28.12place of business is no longer valid or in good standing.28.13(d) An individual who has been granted practice privileges under this section who 28.14performs attest services as defined in section 326A.01, subdivision 2, clause (1), (3), or 28.15(4), for any entity with its headquarters in this state, may only do so through a firm which 28.16has obtained a permit under section 326A.05.28.17    Subd. 2. Use of title in another state. A licensee of this state offering or rendering 28.18services or using the CPA title in another state is subject to the same disciplinary action in 28.19this state for which the licensee would be subject to discipline for an act committed in the 28.20other state. The board shall investigate any complaint made by the board of accountancy 28.21of another state.28.22    Sec. 32.  REPEALER.28.23Minnesota Statutes 2006, section 326A.05, subdivision 9, is repealed.28.24    Sec. 33. EFFECTIVE DATE.28.25Sections 1 to 32 are effective the day following final enactment.