Wyo. Code R. 061-0001-3
Accountants, Board of Certified Public
Chapter 3: Certificates
Effective Date: 07/17/2017 to 11/20/2017
Rule Type: Expired Emergency Rules & Regulations
Reference Number: 061.0001.3.07172017
Certificates
Emergency rules are in effect no longer than 120 days after filing with the Registrar of Rules.
Section 1. Authority. These rules are promulgated pursuant to W.S. 33-3-108 and W.S. 33-3-109.
Section 2. Original Certificates.
(a) A certificate as a CPA may be issued to any person who has successfully completed all sections of the Uniform CPA Examination, provides documentation to evidence lawful presence in the United States, and who has met the requirements of W.S. 33-3-109(a) and the Rules and Regulations. All certificate holders whose principal place of business is in this state and who provide services in Wyoming as defined in W.S. 33-3-109(c) and Chapter 1, Section 2(dd) of the Rules and Regulations are deemed to be in active practice and shall maintain the certificate on active status.
(b) Education. An applicant who qualifies under W.S. 33-3-109(a)(v)(C) shall have completed, and evidence by an official transcript from a college or university acceptable to the Board under Chapter 2, Section 3(c),(e) and (h) of the Rules, at least 24 semester hours of upper division or graduate level accounting courses, excluding principles or introductory accounting, covering some or all of the subjects listed in Chapter 2, Section 3(a)(i)(A)-(L) of the Rules and at least 24 semester hours of business courses (other than accounting) at the undergraduate or graduate level covering some or all of the following subjects:
(x) Information systems or technology; (xi) Ethics; or (xii) Others areas as may be determined by the Board.
(c) Experience.
(i) The applicant for a certificate as a certified public accountant (CPA) qualifying for the examination under W.S. 33-3-109(a)(v)(A) is required to demonstrate four (4) years of experience which must be verified by a Certified Public Accountant who was active at the time the experience was earned or as provided for in W.S. 33-3-109(a)(v)(B) and in subsection (b) of this section.
(ii) The applicant for a certificate as a certified public accountant (CPA) qualifying under W.S. 33-3-109(a)(v)(C) is required to demonstrate one (1) year of experience earned which must be verified by a Certified Public Accountant who was active at the time the experience was earned or as provided for in W.S. 33-3-109(a)(v)(D) and in subsection (b) of this section.
(iii) The term “year” means a minimum of two thousand (2000) working hours completed during a twelve (12) month consecutive period. Part-time experience may be considered at a rate of each hour worked up to a maximum of eight (8) hours within any twenty-four (24) hour period.
(d) Equivalent experience. The Board may consider equivalent experience not verified by an active Certified Public Accountant. Documentation verifying equivalent experience must specify the job title, employment period, provide a detailed description of the duties, and be affirmed by an appropriate supervisor or official. The applicant shall be required to provide samples of work product that demonstrate the type and quality of work experience earned by the applicant. This experience may include but is not limited to the following:
(i) Financial statement preparation; (ii) Financial statement consolidation; (iii) Trial balance/general ledger/fixed asset; (iv) Audit support; (v) Software conversion/installation of financial systems; (vi) Account reconciliation; (vii) Expense account analysis;
(c) Original certificate applicants shall document that an approved professional ethics examination has been completed at the time of application.
(d) Transfer credit shall be granted to an original certificate applicant if he shows satisfactory completion of all sections of the Uniform CPA Examination given by the licensing authority in any jurisdiction, provided the requirements as outlined in W.S. 33-3-109 and Section 2 of this Chapter have been met.
Section 3. Reciprocal Certificates. Certified public accountants of other states or accountants from foreign countries whose principal place of business is in Wyoming or who do not qualify for practice privileges shall obtain an active Wyoming certificate before furnishing services in Wyoming. All applicants for reciprocal certificates shall provide documentation evidencing lawful presence in the United States.
(a) Duly qualified persons may be certified under W.S. 33-3-109(o) and W.S. 33-3-116(c) when they submit applications, proof of qualifications, applicable fees (fees are not prorated), documentation evidencing lawful presence in the United States, and other information as follows:
(i) A person holding an active CPA certificate based on passing the CPA exam prior to January 1, 2012 and issued by any US state or jurisdiction when the person has completed at least one year of broad based experience as set forth in Section 1(d) of this Chapter shall be deemed to have met requirements substantially equivalent to Wyoming’s requirements and shall be required to demonstrate applicable certificates held are in good standing or have not been otherwise disciplined for cause.
(ii) A person holding an active CPA certificate based on passing the CPA exam after January 1, 2012 and issued by any US state or jurisdiction when the person had met the requirements specified at W.S. 33-3-116(c) shall be deemed to have met requirements substantially equivalent to Wyoming’s requirements and shall be required to demonstrate applicable certificates held are in good standing or have not been otherwise disciplined for cause.
(iii) A person holding an active CPA certificate issued by a state or jurisdiction deemed substantially equivalent to the Uniform Accountancy Act by NASBA National Qualification Appraisal Service shall be deemed to have met requirements substantially equivalent to Wyoming’s requirements and shall be required to demonstrate applicable certificates held are in good standing or have not been otherwise disciplined for cause.
(iv) A person holding an inactive or retired CPA certificate in any other state shall either activate the certificate in a substantially equivalent state or submit documents to demonstrate the individual qualifications have been determined by NASBA to be substantially equivalent or shall meet the requirements as set forth in Section 1 of this Chapter. An applicant meeting the requirements of Section 1 must provide an official transcript which evidences compliance with the educational requirements imposed by W.S. 33-3-109 and documentation which evidences compliance with the continuing professional education requirements to activate a certificate.
(b) Foreign Reciprocity.
(i) An applicant holding a credential from a foreign country comparable to the CPA certificate is required to meet the qualifications for certificates provided in W.S. 33-3-109(k).
(ii) The Board shall waive the Uniform CPA Examination and issue a certificate to a foreign accountant who has completed an examination comparable to the Uniform CPA Examination administered by a foreign authority evaluated by NASBA’s International Qualifications Appraisal Board (IQAB) with requirements determined to be substantially equivalent to the requirements for a Certified Public Accountant.
(A) An applicant shall pass the AICPA International Uniform Certified Public Accountant Qualification Examination (IQEX) with a minimum score of seventy-five (75).
(B) An applicant shall provide evidence of satisfactory completion of the comparable examination administered by the foreign authority.
(C) An applicant shall provide certification from an appropriate foreign authority that no designation awarded has expired, been revoked, suspended, or is under investigation and is in good standing.
(D) An applicant shall provide certification from the foreign authority that the authority provides similar provisions to Wyoming CPAs to obtain a comparable designation.
(E) Fees for the application shall be submitted by money order or a properly encoded draft drawn on a United States Bank in US funds.
(F) An applicant shall provide documentation evidencing lawful presence in the United States.
(a) A certificate holder who has not lost the right to active status, who annually certifies he is not actively engaged in the practice of public accounting in Wyoming as defined in W.S. 33-3-109(c) and Chapter 1, Section 2(dd) of the Rules and Regulations, and who does not qualify for retired status shall maintain the certificate on inactive status.
(b) A resident active certificate holder who is no longer actively engaged in the practice of accounting in Wyoming shall place the certificate on inactive status by submitting a written request to the Board. The request may be submitted when the holder no longer provides services or with the annual renewal application. The written request in the form of an application form provided by the board shall certify the holder is not actively engaged in the practice of accounting in Wyoming and provide the following information:
(c) A certificate holder who maintains the certificate on inactive status may assume or use the title “Certified Public Accountant, Inactive” or “CPA, Inactive” if:
(i) The assumption or use of the designation is not incident to the practice of public accounting as defined in W.S. 33-3-109(c) and Chapter 1, Section 2(dd) of the Rules and Regulations; and
(ii) The certificate has not been revoked or suspended by any jurisdiction for any reason except non-payment of fees; and
(iii) The certificate holder pays an annual fee as set forth in Chapter 1, Section 12.
(d) A person who maintains the certificate on an inactive status shall not be subject to the continuing education requirements.
(e) An inactive certificate holder who has previously held active status may activate the certificate by providing:
(i) An application in a form provided by the Board;
(ii) Documentation which evidences compliance with the continuing professional education requirements set forth in Chapter 5 of the Rules and Regulations; and
(iii) Additional fees to maintain active status; and
(iv) Documentation evidencing lawful presence in the United States.
(f) A person who maintains the certificate on inactive status and wishes to provide services as defined in W.S. 33-3-109(c) and Chapter 1, Section 2(dd) from a Wyoming office shall submit a complete application to activate the certificate as set forth in subsection (e) above prior to providing accounting services.
(a) The Board may waive the requirement that certificate holders maintain active or inactive status and allow a holder to retire the certificate and continue to assume or use the title “Certified Public Accountant, Retired” or “CPA, Retired” if:
(i) The holder is not actively engaged in the practice of public accounting in Wyoming as defined in W.S. 33-3-109(c) and Chapter 1, Section 2(dd) of the Rules and Regulations;
(ii) The assumption or use of the designation is not incident to the practice of public accounting as defined in W.S. 33-3-109(c) and Chapter 1, Section 2(dd) of the Rules and Regulations;
(iii) The certificate has not been revoked or suspended by any jurisdiction for any reason except non-payment of fees; and (iv) The certificate holder has reached age 55 or is disabled.
(b) A retired certificate holder who has previously held active status may activate the certificate by providing:
(i) An application in a form provided by the Board;
(ii) Documentation which evidences compliance with the continuing professional education requirements set forth in Chapter 5 of the Rules and Regulations; and
(iii) Additional fees to maintain active status; and
(iv) Documentation which evidences lawful presence in the United States.
(c) A person who maintains the certificate on retired status and begins to provide services as defined in W.S. 33-3-109(c) and Chapter 1, Section 2(dd) from a Wyoming office shall submit a complete application to activate the certificate as set forth in subsection (b) above prior to providing accounting services.
(a) All active and inactive certificates expire December 31 of each calendar year. Renewal notifications shall be provided to all certificate holders by mail or e-mail no later than October 1 of each calendar year. Applicants shall provide all information required by the Board. Incomplete paper renewal applications shall be returned to the applicant.
(b) Active Status: Paper renewal applications shall be postmarked or received by the Board’s office no later than November 1 of each calendar year and shall include the following:
(i) Resident certificate holders shall comply with Wyoming’s continuing education requirements by providing a listing of courses completed or proposed in the current calendar year.
(ii) Designated certificate holders as defined in Chapter 1, Section 2(l) who provide services from a Wyoming office must submit the application to renew the CPA firm permit in conjunction with the individual renewal application;
(iii) Applicable fees as set forth in Chapter 1, Section 12, to include all late and notice fees, to renew the certificate and CPA firm permit as applicable.
(c) Inactive Status: Certificate holders who maintain the certificate on an inactive status shall annually renew the certificate by complying with the provisions of Section 4 of this chapter no later than December 31 of each calendar year.
(i) Certificate holders who submit renewal applications postmarked after December 31 or who attempt to renew an expired inactive certificate at any time after the expiration shall pay the annual inactive fee plus the late and notice fees as set forth in Chapter 1, Section 12.
(d) Individual certificate holders shall be responsible for the truth and accuracy of all renewal information submitted regardless of the media utilized to effect the renewal.
(e) Expired/Surrendered Certificates.
(i) Expired or surrendered may be activated upon application, payment of fees as set forth in Chapter 1, Section 12, and compliance with other applicable requirements imposed on active certificate holders including but not limited to CPE requirements.
(f) On-line Renewal: Certificate holders may renew active or inactive status electronically by no later than December 31 each year by certifying compliance with all applicable requirements. Late fees and applicable notice fees will be imposed for on-line renewals submitted after December 31.
(a) Each certificate holder and each CPA firm's designated certificate holder, on a form and in the manner prescribed by the Board, shall disclose information specified in subsections (d), (e), and (f) of this section. Disclosure shall be required upon initial application for an individual certificate or CPA firm permit. Once licensed, disclosure shall be required within thirty (30) days of the imposition of discipline or judgment or with the renewal of the certificate or permit. Actions previously reported do not need to be re-reported upon renewal.
(b) All information or documents disclosed or provided pursuant to the requirements of this section shall be maintained in an investigative file pursuant to Chapter 7, Section 21(c)(ii).
(c) Disclosure shall include but is not limited to the following:
(i) The name of the court or regulatory/administrative entity involved;
(ii) The case number;
(iii) The names of the parties involved;
(iv) The type of reportable event; and
(v) A summary of the reportable events.
(d) Any conviction or finding of guilt, or plea of nolo contendere to:
(i) A felony;
(ii) Any crime an element of which is dishonesty or fraud; or
(iii) The denial, cancellation, revocation, suspension or refusal to renew the authority to practice as a certified public accountant by any state, federal agency, or foreign authority, for any cause other than failure to pay a fee.
(e) Imposition of a censure, reprimand, sanction, probation, civil penalty, fine, consent decree or order, by any state board of accountancy, the Securities Exchange Commission, Public Company Accounting Oversight Board, Internal Revenue Service, or foreign regulatory body that regulates the practice of accountancy.
(f) Any fully adjudicated judgment or settlement in a civil suit or arbitration proceeding entered after July 1, 2005, totaling more than $150,000, and based upon an allegation of dishonesty, fraud, or gross negligence in the practice of accounting, or any action that would constitute a violation of the rules of professional conduct promulgated by the Board. Notification under this section shall apply only to actions directly involving a certificate or permit holder’s practice of accounting in Wyoming.
Section 8. Exemptions. A certificate holder may request, on forms provided by the Board, that the Board waive the requirement to maintain the certificate on active status for cases of individual hardship, for the performance of volunteer services or other good cause as determined by the Board.
Section 9. Transition to Practice Privileges. Certificate holders whose principal place of business is not in Wyoming and who qualify for practice privileges or otherwise are not required to maintain the Wyoming certificate have the following options relative to the Wyoming certificate:
(a) Surrender the wall document for mobility (if issued), submit an affidavit of lost certificate, or allow the certificate to expire at the end of the calendar year; or
(b) Continue to maintain the certificate on active status as required by the rules.