ORS § 673.040 deals with eligibility for certificate of certified public accountant. According to the section, a certificate of certified public accountant shall be issued to any applicant who meets the requirements of the Act and who passes an examination on the code of professional ethics adopted by the Oregon Board of Accountancy. An applicant for a certificate shall show that after meeting the eligibility requirements for the examination, the applicant has had one year of experience under the direct supervision of a public accountant, certified public accountant or chartered accountant who is licensed and in good standing and has been licensed for a minimum period of time set by the board by rule. Any certified public accountant may also be known as a “public accountant.”
Pursuant to ORS § 673.100, the Oregon Board of Accountancy shall issue a license as a public accountant to a person who applies for the license and who passes an examination on the code of professional ethics adopted by the board and receives a passing grade in those sections of the examination for the certificate of certified public accountant that the board may require by rule, has at least one year of public accountancy experience or the equivalent satisfactory to the board.
Pursuant to ORS § 673.150 a permit to engage in the practice of public accountancy in Oregon shall be issued by the Oregon Board of Accountancy biennially to an applicant who is a holder of the certificate of certified public; or a licensed public accountant. A permit that is not renewed by the close of the permit period may be restored upon payment to the board of a delinquent renewal fee in an amount determined by the board by rule. Any permit that is not renewed within 60 days after the close of the permit period for which it was issued or renewed, shall lapse. The board may restore a lapsed permit upon payment to it of all past unpaid renewal fees and the delinquent renewal fee. However, the board may restore a permit issued or renewed for a permit period that ended more than five years prior to the date of the application for restoration only upon demonstration satisfactory to the board that the applicant is qualified to engage in the practice of public accountancy.
Pursuant to ORS 673.170, the Oregon Board of Accountancy may take any of the following disciplinary actions:
- Revoke, suspend or refuse to issue any certificate or public accountant’s license.
- Revoke, suspend, refuse to renew or refuse to issue any permit.
- Revoke, suspend, refuse to renew or refuse to issue authorization to practice public accountancy in Oregon.
- Censure the holder of any permit or authorization.
The board may take any of the actions described above for any one or any combination of the following causes:
- Fraud or deceit in obtaining or applying for a certificate, public accountant’s license, registration or permit, or authorization to practice public accountancy or admission to the roster of authorized accountants.
- Dishonesty, fraud or gross negligence in the practice of public accountancy.
- Incompetence in the practice of public accountancy.
- Violation of any provision of the Code of Professional Conduct adopted by the board.
- Conduct resulting in a conviction of a felony.
- Conviction of any crime, an essential element of which is dishonesty, fraud or misrepresentation.
- Conviction of willful failure to pay any tax, file any tax return, keep records or supply information, or conviction of the willful making, rendering, delivery, disclosure, signing or verifying of any false or fraudulent list, return, account, statement or other document, or of supplying any false or fraudulent information.
- Cancellation, revocation, suspension or refusal to renew, authority to practice as a certified public accountant or a public accountant in any state or foreign jurisdiction.
- Cancellation, suspension, revocation or refusal to renew by any state, any foreign jurisdiction or any federal agency of the right to practice law, to practice as an enrolled agent before the Internal Revenue Service pursuant to 31 C.F.R. part 10, or to practice under other regulatory law if the cancellation, suspension, revocation or refusal to renew was related to the practice of public accountancy or if dishonesty, fraud or deception was involved.
- Failure to comply with the continuing education requirements.
- Failure to pay a civil penalty imposed by the board after the period for requesting a hearing on the civil penalty terminates if the person or business organization against whom the penalty is imposed has not requested a hearing, or after the period for seeking judicial review of the order assessing the civil penalty has passed.
- Issuance of a cease and desist order against the person.
In lieu of disciplinary actions, the board may enter into a consent agreement with the holder of any certificate, the holder of any public accountant’s license, the holder of any registration, the holder of any permit or the holder of any authorization described, under which the holder agrees to comply with conditions prescribed by the board. In addition, the board may take any of the actions described above for dishonesty, fraud or misrepresentation not in the practice of public accountancy. In addition to any of those actions, the board may require a holder of a permit to undergo a peer review conducted as the board may specify; or require a holder of a permit to complete any continuing professional education programs the board may specify.
Pursuant to ORS § 673.360, when any person has engaged, or is about to engage, in any acts or practices that constitute or may constitute a violation of any of the provisions of ORS 673.010 to 673.457, the board may apply to the court for an order enjoining the acts or practices, and upon a showing by the board that the person has engaged, or is about to engage, in any such acts or practices, an injunction, restraining order or other order may be granted by the court without bond. The board may apply to the court for an injunction against a person for failure to comply with a cease and desist order.
Pursuant to ORS § 673.400, any person who violates any provision of ORS 673.010 to 673.457, any rule adopted there under or any order of the Oregon Board of Accountancy shall forfeit and pay a civil penalty, not more than $ 5,000 for each offense into the General Fund to be credited to the Oregon Board of Accountancy. The board may impose a civil penalty as part of a cease and desist order which may not exceed $ 5,000 per violation.