[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ House Amendment 001 ] | [ House Amendment 002 ] |
92_SB1284sam001
LRB9206807ACcdam
1 AMENDMENT TO SENATE BILL 1284
2 AMENDMENT NO. . Amend Senate Bill 1284 is amended by
3 replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Regulatory Sunset Act is amended by
6 changing Section 4.14 and adding Section 4.24 as follows:
7 (5 ILCS 80/4.14) (from Ch. 127, par. 1904.14)
8 Sec. 4.14. Acts repealed.
9 (a) The following Acts are repealed December 31, 2003:
10 The Private Detective, Private Alarm, and Private
11 Security Act of 1993.
12 The Illinois Occupational Therapy Practice Act.
13 (b) The following Acts are repealed January 1, 2004:
14 The Illinois Certified Shorthand Reporters Act of
15 1984.
16 The Illinois Public Accounting Act.
17 The Veterinary Medicine and Surgery Practice Act of
18 1994.
19 (Source: P.A. 87-261; 87-481; 87-576; 87-895; 88-36; 88-363;
20 88-424; 88-670, eff. 12-2-94.)
21 (5 ILCS 80/4.24 new)
-2- LRB9206807ACcdam
1 Sec. 4.24. Act repealed on January 1, 2014. The
2 following Act is repealed on January 1, 2014:
3 The Illinois Public Accounting Act.
4 Section 10. The Illinois Public Accounting Act is
5 amended by changing Sections 0.03, 1, 2, 3, 6, 7, 8, 9.01,
6 9.2, 11, 13, 14, 14.1, 14.2, 14.3, 16, 17, 17.1, 17.2, 19,
7 20.01, 20.1, 20.2, 20.3, 20.4, 20.5, 20.6, 21, 26, 27, 28,
8 30, 30.1, and 32 and adding Section 9.02 as follows:
9 (225 ILCS 450/0.03) (from Ch. 111, par. 5500.03)
10 Sec. 0.03. Definitions. As used in this Act, unless the
11 context otherwise requires:
12 (a) "Certified Public Accountant" means any person who
13 has been issued a certificate as a certified public
14 accountant from the Board of Examiners University of
15 Illinois.
16 (b) "Licensed Certified Public Accountant" means any
17 person licensed under this Act.
18 (c) "Department" means the Department of Professional
19 Regulation.
20 (d) "Director" means the Director of Professional
21 Regulation.
22 (e) (Blank). "Committee" means the Illinois Public
23 Accountants Registration Committee appointed by the Director.
24 (f) "License", "licensee" and "licensure" refers to the
25 authorization to practice under the provisions of this Act.
26 (g) "Peer review program" means a study, appraisal, or
27 review of one or more aspects of the professional work of a
28 person or firm certified or licensed under this Act,
29 including quality review, peer review, practice monitoring,
30 quality assurance, and similar programs undertaken
31 voluntarily or in response to membership requirements in a
32 professional organization, or as a prerequisite to the
-3- LRB9206807ACcdam
1 providing of professional services under government
2 requirements, or any similar internal review or inspection
3 that is required by professional standards.
4 (h) "Review committee" means any person or persons
5 conducting, reviewing, administering, or supervising a peer
6 review program.
7 (i) "University" means the University of Illinois.
8 (j) "Board" means the Board of Examiners established
9 under Section 2.
10 (Source: P.A. 88-36.)
11 (225 ILCS 450/1) (from Ch. 111, par. 5501)
12 Sec. 1. Any person, eighteen years of age or older, who
13 has received from the Board University of Illinois,
14 hereinafter called the University, a certificate of his
15 qualifications as hereinafter provided, shall be styled and
16 known as a "Certified Public Accountant," and no other person
17 shall assume such title or use the abbreviation "C. P.A." or
18 any words or letters to indicate that the person using the
19 same is a certified public accountant.
20 (Source: P.A. 83-291.)
21 (225 ILCS 450/2) (from Ch. 111, par. 5502)
22 Sec. 2. Examinations. The Governor University shall
23 appoint a Board of Examiners that shall determine the
24 qualifications of persons applying for certificates and shall
25 make rules for and conduct examinations for determining the
26 qualifications.
27 The Board shall consist of not less than 9 nor more than
28 11 9 examiners, as determined by Board rule, 2 at least 7 of
29 whom shall be members of the public who are not licensed or
30 certified under this Act or a similar Act of another
31 jurisdiction and who have no connection with the accounting
32 or public accounting profession. The remainder shall be
-4- LRB9206807ACcdam
1 certified public accountants in this State who have been
2 residents of this State for at least 5 years immediately
3 preceding their appointment, except that one. One shall be
4 either a certified public an accountant of the grade herein
5 described or an attorney licensed and residing in this State
6 and one shall be a certified public accountant who is an
7 active or retired educator residing in this State. The term
8 of office of each examiner shall be 3 years, except that upon
9 the enactment of this amendatory Act of the 92nd General
10 Assembly 1993, those members currently serving on the Board
11 shall continue to serve the duration of their terms, one
12 additional examiner shall be appointed for a term of one
13 year, one additional examiner for a term of 2 years, and any
14 2 additional examiners for terms a term of 3 years. As the
15 term of each examiner expires, the appointment shall be
16 filled for a term of 3 years from the date of expiration.
17 Any Board member who has served as a member for 6 consecutive
18 years shall not be eligible for reappointment until 2 years
19 after the end of the term in which the sixth consecutive year
20 of service occurred, except that members of the Board serving
21 on the effective date of this Section shall be eligible for
22 appointment to one additional 3-year term. Where the
23 expiration of any member's term shall result in less than 11
24 members then serving on the Board, the member shall continue
25 to serve until his or her successor is appointed and has
26 qualified. The Governor may terminate the term of any member
27 of the Board at any time for cause.
28 The time and place of holding the examinations shall be
29 determined by the Board and shall be duly advertised by the
30 Board.
31 The examination shall test the applicant's knowledge of
32 accounting, auditing, and other related subjects, if any, as
33 the Board may deem advisable. A candidate must be examined
34 in all subjects except that a candidate who has passed in 2
-5- LRB9206807ACcdam
1 or more subjects and who attained a minimum grade in each
2 subject failed as may be established by Board regulations
3 shall have the right to be re-examined in the remaining
4 subjects at one or more of the next 6 succeeding
5 examinations.
6 The Board may in certain cases waive or defer any of the
7 requirements of this Section regarding the circumstances in
8 which the various Sections of the examination must be passed
9 upon a showing that, by reasons of circumstances beyond the
10 applicant's control, the applicant was unable to meet the
11 requirement.
12 Applicants may also be required to pass an examination on
13 the rules of professional conduct, as determined by Board
14 rule to be appropriate.
15 The examinations shall be given at least twice a year.
16 Any application, document or other information filed by
17 or concerning an applicant and any examination grades of an
18 applicant shall be deemed confidential and shall not be
19 disclosed to anyone without the prior written permission of
20 the applicant, except that it is hereby deemed in the public
21 interest that the names and addresses only of all applicants
22 shall be a public record and be released as public
23 information. Nothing herein shall prevent the Board from
24 making public announcement of the names of persons receiving
25 certificates under this Act.
26 The Board shall adopt all necessary and reasonable rules
27 and regulations for the effective administration of the
28 Sections of this Act for which it is charged with
29 administering. Without limiting the foregoing, the Board
30 shall adopt and prescribe rules and regulations for a fair
31 and wholly and impartial method of determining the
32 qualifications of applicants for examination and for a fair
33 and wholly and impartial method of examination of persons
34 under Section 2 and may establish rules for subjects
-6- LRB9206807ACcdam
1 conditioned and for the transfer of credits from other
2 jurisdictions with respect to subjects passed.
3 (Source: P.A. 88-36.)
4 (225 ILCS 450/3) (from Ch. 111, par. 5504)
5 Sec. 3. Qualifications of applicants. To be admitted to
6 take the examination given before January 1, 2001, for the
7 purpose of determining the qualifications of applicants for
8 certificates as certified public accountants under this Act,
9 the applicants shall be required to present proof of the
10 successful completion of 120 college or university semester
11 hours of study or their equivalent from a school or schools
12 acceptable to the Board. Of the 120 semester hours, at least
13 27 semester hours shall be in the study of accounting,
14 auditing and business law, provided that of the 27 hours not
15 more than 6 shall be in business law. To be admitted to take
16 the examination after the year 2000, for the purpose of
17 determining the qualifications of applicants for certificates
18 as certified public accountants under this Act, the
19 applicants shall be required to present proof of the
20 successful completion of 150 college or university semester
21 hours of study or their equivalent, to include a
22 baccalaureate or higher degree conferred by a college or
23 university acceptable to the Board of Examiners, the total
24 educational program to include an accounting concentration or
25 equivalent as determined by Board rules to be appropriate. In
26 adopting those rules, the Board shall consider, among other
27 things, any impediments to the interstate practice of public
28 accounting that may result from differences in the
29 requirements in other states.
30 Candidates who have taken the examination at least once
31 before January 1, 2001, may take the examination under the
32 qualifications in effect when they first took the
33 examination.
-7- LRB9206807ACcdam
1 (Source: P.A. 87-726; 88-36.)
2 (225 ILCS 450/6) (from Ch. 111, par. 5507)
3 Sec. 6. Fees; pay of examiners; expenses. The Board shall
4 charge a fee in an amount at least sufficient to defray the
5 costs and expenses incident to the examination and issuance
6 of a certificate provided for in Section 3 and for the
7 issuance of a certificate provided for in Section 5. This fee
8 shall be payable by the applicant at the time of filing an
9 application.
10 The Board appointed by the Governor University in
11 accordance with the provisions of Section 2 shall receive
12 reasonable compensation, to be set determined by Board rule
13 the University, for the time actually expended in pursuance
14 of the duties imposed upon them by this Act, and they shall
15 be further entitled to their necessary traveling expenses.
16 All expenses provided for by this Act shall be paid from the
17 fees received under this Act, and no expense incurred under
18 this Act shall be charged against other funds of the
19 University.
20 From the fees collected, the Board shall pay all the
21 expenses incident to the examinations, the expenses of
22 issuing certificates, the traveling expenses of the
23 examiners, and their compensation while performing their
24 duties, and other necessary expenses in the administration of
25 this Act.
26 (Source: P.A. 88-36.)
27 (225 ILCS 450/7) (from Ch. 111, par. 5508)
28 Sec. 7. Licensure. A holder of a certificate as
29 certified public accountant issued by the Board shall not be
30 entitled to practice public accounting, as defined in Section
31 8, in this State until the person has been licensed as a
32 licensed certified public accountant by the Board Department
-8- LRB9206807ACcdam
1 of Professional Regulation of this State, and has received a
2 registration card from the Department.
3 The Board Department may refuse to issue or may suspend
4 the license of any person who fails to file a return, or to
5 pay the tax, penalty or interest shown in a filed return, or
6 to pay any final assessment of tax, penalty or interest, as
7 required by any tax Act administered by the Illinois
8 Department of Revenue, until such time as the requirements of
9 any such tax Act are satisfied.
10 (Source: P.A. 88-36.)
11 (225 ILCS 450/8) (from Ch. 111, par. 5509)
12 Sec. 8. Practicing as licensed certified public
13 accountant. Persons, either individually, as members of a
14 partnership or limited liability company, or as officers of a
15 corporation, who sign, affix or associate their names or any
16 trade or assumed names used by them in a profession or
17 business to any report expressing or disclaiming an opinion
18 on a financial statement based on an audit or examination of
19 that statement, or expressing assurance on a financial
20 statement, shall be deemed to be in practice as licensed
21 certified public accountants within the meaning and intent of
22 this Act.
23 (Source: P.A. 87-435; 88-36.)
24 (225 ILCS 450/9.01)
25 Sec. 9.01. Unlicensed practice; violation; civil
26 penalty.
27 (a) Any person who practices, offers to practice,
28 attempts to practice, or holds oneself out to practice as a
29 public accountant without being licensed under this Act
30 shall, in addition to any other penalty provided by law, pay
31 a civil penalty to the Board Department in an amount not to
32 exceed $5,000 for each offense as determined by the Board
-9- LRB9206807ACcdam
1 Department. The civil penalty shall be assessed by the Board
2 Department after a hearing is held in accordance with the
3 provisions set forth in this Act regarding the provision of a
4 hearing for the discipline of a licensee.
5 (b) The Board Department has the authority and power to
6 investigate any and all unlicensed activity.
7 (c) The civil penalty shall be paid within 60 days after
8 the effective date of the order imposing the civil penalty.
9 The order shall constitute a judgment and may be filed and
10 execution had thereon in the same manner as any judgment from
11 any court of record.
12 (Source: P.A. 89-474, eff. 6-18-96.)
13 (225 ILCS 450/9.02 new)
14 Sec. 9.02. Unauthorized use of title; violation; civil
15 penalty.
16 (a) Any person who shall assume the title "certified
17 public accountant" or use the abbreviation "CPA" or any words
18 or letters to indicate that the person using the same is a
19 certified public accountant without having been issued a
20 certificate under the provisions of this Act shall, in
21 addition to any other penalty provided by law, pay a
22 civil penalty to the Board in an amount not to exceed $5,000
23 for each offense as determined by the Board. The civil
24 penalty shall be assessed by the Board after a hearing is
25 held in accordance with the provisions set forth in this
26 Act regarding the provision of a hearing for the
27 discipline of a licensee.
28 (b) The Board has the authority and power to
29 investigate any and all alleged improper use of the
30 certified public accountant title or CPA designation.
31 (c) The civil penalty shall be paid within 60
32 days after the effective date of the order imposing the civil
33 penalty. The order shall constitute a judgment and may be
-10- LRB9206807ACcdam
1 filed and execution had thereon in the same manner as any
2 judgment from any court of record.
3 (225 ILCS 450/9.2) (from Ch. 111, par. 5510.2)
4 Sec. 9.2. Powers and duties of the Board.
5 (a) The Board Department shall exercise the powers and
6 duties prescribed by "The Civil Administrative Code of
7 Illinois" for the administration of licensing acts and shall
8 exercise such other powers and duties invested by this Act.
9 (b) The Board Director may promulgate rules consistent
10 with the provisions of this Act for the administration and
11 enforcement thereof, and for the payment of fees connected
12 therewith and may prescribe forms which shall be issued in
13 connection therewith. The rules shall include standards and
14 criteria for licensure and professional conduct and
15 discipline. The Department shall consult with the Committee
16 in promulgating rules. Notice of proposed rulemaking shall
17 be transmitted to the Committee and the Department shall
18 review the Committee's response and any recommendations made
19 therein. The Department shall notify the Committee in
20 writing with explanation of deviations from the Committee's
21 recommendations and responses.
22 (c) The Department may solicit the advice and expert
23 knowledge of the Committee on any matter relating to the
24 administration and enforcement of this Act.
25 (d) The Department shall issue quarterly to the
26 Committee a report of the status of all complaints related to
27 the profession received by the Department.
28 (Source: P.A. 83-291.)
29 (225 ILCS 450/11) (from Ch. 111, par. 5512)
30 Sec. 11. Exemption from Act. Nothing in this Act shall
31 prohibit any person who may be engaged by one or more
32 persons, partnerships or corporations, from keeping books, or
-11- LRB9206807ACcdam
1 from making trial balances or statements, or, as an employee,
2 from making audits or preparing reports, provided that the
3 person does not indicate or in any manner imply that the
4 trial balances, statements, or reports have been prepared or
5 examined by a certified public accountant or a licensed
6 certified public accountant or that they represent the
7 independent opinion of a certified public accountant or a
8 licensed certified public accountant. Nothing in this Act
9 shall prohibit any person from preparing tax and information
10 returns or from acting as representative or agent at tax
11 inquiries, examinations or proceedings, or from preparing and
12 installing accounting systems, or from reviewing accounts and
13 accounting methods for the purpose of determining the
14 efficiency of accounting methods or appliances, or from
15 studying matters of organization, provided that the person
16 does not indicate or in any manner imply that the reports
17 have been prepared by, or that the representation or
18 accounting work has been performed by a certified public
19 accountant or a licensed certified public accountant.
20 Unlicensed accountants are not prohibited from performing any
21 services that they may have performed prior to this
22 Amendatory Act of 1983.
23 (Source: P.A. 88-36.)
24 (225 ILCS 450/13) (from Ch. 111, par. 5514)
25 Sec. 13. Application for licensure. A person,
26 partnership, limited liability company, or corporation
27 desiring to practice public accounting in this State shall
28 make application to the Board Department for licensure as a
29 licensed certified public accountant and shall pay the fee
30 required by Section 17.
31 Applicants have 3 years from the date of application to
32 complete the application process. If the process has not
33 been completed in 3 years, the application shall be denied,
-12- LRB9206807ACcdam
1 the fee forfeited and the applicant must reapply and meet the
2 requirements in effect at the time of reapplication.
3 (Source: P.A. 88-36.)
4 (225 ILCS 450/14) (from Ch. 111, par. 5515)
5 Sec. 14. Qualifications. The Board Department shall
6 license as licensed certified public accountants the
7 following:
8 (a) All persons who have received or who hereafter
9 receive certificates as certified public accountants from the
10 Board, who have had at least one year of full-time
11 experience, or its equivalent, providing any type of service
12 or advice involving the use of accounting, attest, management
13 advisory, financial advisory, tax, or consulting skills,
14 which may be gained through employment in government,
15 industry, academia, or public practice.
16 If the applicant's certificate was issued more than 4
17 years prior to the application for an internal license under
18 this Section, the applicant shall submit any evidence the
19 Board Department may require showing the applicant has
20 completed not less than 90 hours of continuing professional
21 education acceptable to the Department within the 3 years
22 immediately preceding the date of application.
23 The Committee shall be the sole and final judge of the
24 qualification of experience under this section.
25 (b) All partnerships, limited liability companies, or
26 corporations, or other entities engaged in the practice of
27 public accounting in this State and meeting the following
28 requirements:
29 (1) (Blank).
30 (2) A majority of the ownership of the firm, in
31 terms of financial interests and voting rights of all
32 partners, officers, shareholders, members, or managers,
33 belongs to persons licensed in some state, and the
-13- LRB9206807ACcdam
1 partners, officers, shareholders, members, or managers
2 whose principal place of business is in this State and
3 who practice public accounting in this State, as defined
4 in Section 8 of this Act, hold a valid license issued by
5 this State.
6 (3) It shall be lawful for a nonprofit cooperative
7 association engaged in rendering an auditing and
8 accounting service to its members only, to continue to
9 render that service provided that the rendering of
10 auditing and accounting service by the cooperative
11 association shall at all times be under the control and
12 supervision of licensed certified public accountants.
13 (4) The Board Department may adopt rules and
14 regulations as necessary to provide for the practice of
15 public accounting by business entities that may be
16 otherwise authorized by law to conduct business in
17 Illinois.
18 The Director shall appoint a Public Accountant
19 Registration Committee as follows: 7 persons who shall be
20 appointed by and shall serve in an advisory capacity to the
21 Director. Six members must be licensed public accountants,
22 in good standing, and must be actively engaged in the
23 practice of public accounting in this State, and one member
24 of the public, who is not licensed under this Act, or a
25 similar Act of another jurisdiction, and, who has no
26 connection with the accounting or public accounting
27 profession. Members shall serve 4 year terms and until their
28 successors are appointed and qualified. No member shall be
29 reappointed to the Committee for more than 2 terms.
30 Appointments to fill vacancies shall be made in the same
31 manner as original appointments, for the unexpired portion of
32 the vacated term. The membership of the Committee should
33 reasonably reflect representation from the geographic areas
34 in this State.
-14- LRB9206807ACcdam
1 The members of the Committee appointed by the Director
2 shall receive reasonable compensation, to be determined by
3 the Department, for the necessary, legitimate, and
4 authorized expenses approved by the Department. All expenses
5 shall be paid from the Registered Certified Public
6 Accountants' Administration and Disciplinary Fund.
7 The Director may terminate the appointment of any member
8 for cause.
9 The Director shall consider the advice and
10 recommendations of the Committee on questions involving
11 standards of professional conduct, discipline and
12 qualifications of candidates and licensees under this Act.
13 (Source: P.A. 91-508, eff. 8-13-99; 91-827, eff. 6-13-00.)
14 (225 ILCS 450/14.1)
15 Sec. 14.1. Foreign accountants. The Board Department
16 shall issue a license to a holder of a foreign designation,
17 granted in a foreign country entitling the holder thereof to
18 engage in the practice of public accounting, provided:
19 (a) The applicant is the holder of a certificate from
20 the Board issued under Section 2, 5, or 5.1 of this Act; and
21 (b) The foreign authority that granted the designation
22 makes similar provision to allow a person who holds a valid
23 license issued by this State to obtain a foreign authority's
24 comparable designation; and
25 (c) The foreign designation (i) was duly issued by a
26 foreign authority that regulates the practice of public
27 accounting and the foreign designation has not expired or
28 been revoked or suspended; (ii) entitles the holder to issue
29 reports upon financial statements; and (iii) was issued upon
30 the basis of educational, examination, and experience
31 requirements established by the foreign authority or by law;
32 and
33 (d) The applicant (i) received the designation based on
-15- LRB9206807ACcdam
1 standards substantially equivalent to those in effect in this
2 State at the time the foreign designation was granted; and
3 (ii) completed an experience requirement, substantially
4 equivalent to the requirement set out in Section 14, in the
5 jurisdiction that granted the foreign designation or has
6 completed 5 years of experience in the practice of public
7 accounting in this State, or meets equivalent requirements
8 prescribed by the Department by rule, within the 10 years
9 immediately preceding the application.
10 (Source: P.A. 88-36.)
11 (225 ILCS 450/14.2)
12 Sec. 14.2. Licensure by endorsement.
13 (a) The Board Department shall issue a license as a
14 public accountant to any applicant who holds a certificate as
15 a certified public accountant issued by the Board and who
16 holds a valid unrevoked license or permit to practice as a
17 public accountant issued under the laws of any other state or
18 territory of the United States or the District of Columbia,
19 provided:
20 (1) the individual applicant is determined by the
21 Board Department to possess personal qualifications
22 substantially equivalent to this State's current
23 licensing requirements;
24 (2) at the time the applicant received his or her
25 current valid and unrevoked license or permit, the
26 applicant possessed qualifications substantially
27 equivalent to the qualifications for licensure then in
28 effect in this State; or
29 (3) the applicant has, after passing the
30 examination upon which his or her license or other permit
31 to practice was based, not less than 4 years of
32 experience in the practice of public accounting within
33 the 10 years immediately before the application.
-16- LRB9206807ACcdam
1 (b) In determining the substantial equivalency of any
2 state's requirements to Illinois' requirements, the Board
3 Department may rely on the determinations of the National
4 Qualification Appraisal Service of the National Association
5 of State Boards of Accountancy or such other qualification
6 appraisal service as it deems appropriate.
7 (Source: P.A. 91-508, eff. 8-13-99; 91-779, eff. 6-9-00.)
8 (225 ILCS 450/14.3)
9 Sec. 14.3. Additional requirements for firms. In
10 addition to the ownership requirements set forth in
11 subsection (b) of Section 14, all firms licensed under this
12 Act shall meet the following requirements:
13 (a) All owners of the firm who are not licensed shall be
14 active participants in the firm or its affiliated entities.
15 (b) An individual who supervises services for which a
16 license is required under Section 8 of this Act or who signs
17 or authorizes another to sign any report for which a license
18 is required under Section 8 of this Act shall hold a valid,
19 unrevoked license from this State or another state and shall
20 comply with such additional experience requirements as may be
21 required by rule of the Board Department.
22 (c) The firm shall require that all owners of the firm,
23 whether or not certified or licensed under this Act, comply
24 with rules promulgated under this Act.
25 (d) The firm shall designate to the Board Department in
26 writing an individual licensed under this Act who shall be
27 responsible for the proper registration of the firm.
28 (Source: P.A. 91-508, eff. 8-13-99.)
29 (225 ILCS 450/16) (from Ch. 111, par. 5517)
30 Sec. 16. Expiration and renewal of licenses; renewal of
31 registration; continuing education.
32 (a) The expiration date and renewal period for each
-17- LRB9206807ACcdam
1 license issued under this Act shall be set by rule.
2 (b) Every application for renewal of a license by any
3 person who has been licensed under this Act for 3 years or
4 more shall be accompanied or supported by any evidence the
5 Board Department shall prescribe, in satisfaction of
6 completing, each 3 years, not less than 120 hours of
7 qualifying continuing professional education programs.
8 Applications for renewal by any person who has been licensed
9 less than 3 years shall be accompanied or supported by
10 evidence of completion of 20 hours of qualifying continuing
11 professional education programs for each full 6 months since
12 the date of licensure or last renewal. Qualifying continuing
13 education programs include those given by continuing
14 education sponsors registered with the Department, those
15 given by the American Institute of CPAs, the Illinois CPA
16 Foundation, and programs given by sponsors approved by
17 national accrediting organizations approved by the Board. in
18 subjects given by continuing education sponsors registered by
19 the Department upon recommendation of the Committee. All
20 continuing education sponsors applying to the Board
21 Department for registration shall be required to submit an
22 initial nonrefundable application fee set by Board Department
23 rule. Each registered continuing education sponsor shall be
24 required to pay an annual renewal fee set by Board Department
25 rule. Publicly supported colleges, universities, and
26 governmental agencies located in Illinois are exempt from
27 payment of any fees required for continuing education sponsor
28 registration. Failure by a continuing education sponsor to
29 be licensed or pay the fees prescribed in this Act, or to
30 comply with the rules and regulations established by the
31 Board Department under this Section regarding requirements
32 for continuing education courses or sponsors, shall
33 constitute grounds for revocation or denial of renewal of the
34 sponsor's registration. All other courses or programs may
-18- LRB9206807ACcdam
1 qualify upon presentation by the licensee of evidence
2 satisfactory to the Board that the course or program meets
3 all Board rules for qualifying education programs.
4 Notwithstanding the preceding paragraph, the Department
5 may accept courses and sponsors approved by other states, by
6 the American Institute of Certified Public Accountants, by
7 other state CPA societies, or by national accrediting
8 organizations such as the National Association of State
9 Boards of Accountancy; provided, however, that the sponsor
10 must register with the Department and pay the required fee if
11 its courses are presented in the State of Illinois.
12 Failure by an applicant for renewal of a license as a
13 public accountant to furnish the evidence shall constitute
14 grounds for disciplinary action, unless the Board Department
15 in its discretion shall determine the failure to have been
16 due to reasonable cause. The Board Department, in its
17 discretion, may renew a license despite failure to furnish
18 evidence of satisfaction of requirements of continuing
19 education upon condition that the applicant follow a
20 particular program or schedule of continuing education. In
21 issuing rules, regulations, and individual orders in respect
22 of requirements of continuing education, the Board Department
23 in its discretion may, among other things, use and rely upon
24 guidelines and pronouncements of recognized educational and
25 professional associations; may prescribe rules for content,
26 duration, and organization of courses; shall take into
27 account the accessibility to applicants of continuing
28 education as it may require, and any impediments to
29 interstate practice of public accounting that may result from
30 differences in requirements in other states; and may provide
31 for relaxation or suspension of requirements in regard to
32 applicants who certify that they do not intend to engage in
33 the practice of public accounting, and for instances of
34 individual hardship.
-19- LRB9206807ACcdam
1 The Board Department shall establish by rule a means for
2 the verification of completion of the continuing education
3 required by this Section. This verification may be
4 accomplished through audits of records maintained by
5 registrants; by requiring the filing of continuing education
6 certificates with the Board Department; or by other means
7 established by the Board Department.
8 The Board Department may establish, by rule, guidelines
9 for acceptance of continuing education on behalf of licensed
10 certified public accountants taking continuing education
11 courses in other jurisdictions.
12 (Source: P.A. 87-435; 87-546; 88-36.)
13 (225 ILCS 450/17) (from Ch. 111, par. 5518)
14 Sec. 17. Fees; returned checks; fines. Each person,
15 partnership, limited liability company, and corporation, to
16 which a license is issued, shall pay a fee to be established
17 by the Board Department which allows the Board Department to
18 pay all costs and expenses incident to the administration of
19 this Act. Interim licenses shall be at full rates.
20 The Board Department, by rule, shall establish fees to be
21 paid for certification of records, and copies of this Act and
22 the rules issued for administration of this Act.
23 Any person who delivers a check or other payment to the
24 Board Department that is returned to the Board Department
25 unpaid by the financial institution upon which it is drawn
26 shall pay to the Board Department, in addition to the amount
27 already owed to the Board Department, a fine in an amount to
28 be established by Board rule of $50. If the check or other
29 payment was for a renewal or issuance fee and that person
30 practices without paying the renewal fee or issuance fee and
31 the fine due, an additional fine in an amount to be
32 established by Board rule of $100 shall be imposed. The fines
33 imposed by this Section are in addition to any other
-20- LRB9206807ACcdam
1 discipline provided under this Act for unlicensed practice or
2 practice on a nonrenewed license. The Board Department shall
3 notify the person that payment of fees and fines shall be
4 paid to the Board Department by certified check or money
5 order within 30 calendar days of the notification. If, after
6 the expiration of 30 days from the date of the notification,
7 the person has failed to submit the necessary remittance, the
8 Board Department shall automatically terminate the license or
9 certificate or deny the application, without hearing. If,
10 after termination or denial, the person seeks a license or
11 certificate, he or she shall apply to the Board Department
12 for restoration or issuance of the license or certificate and
13 pay all fees and fines due to the Board Department. The Board
14 Department may establish a fee for the processing of an
15 application for restoration of a license or certificate to
16 pay all expenses of processing this application. The Board
17 Director may waive the fines due under this Section in
18 individual cases where the Board Director finds that the
19 fines would be unreasonable or unnecessarily burdensome.
20 (Source: P.A. 87-1031; 88-36.)
21 (225 ILCS 450/17.1) (from Ch. 111, par. 5518.1)
22 Sec. 17.1. Any licensed certified public accountant who
23 has permitted his license to expire or who has had his
24 license on inactive status may have his license restored by
25 making application to the Board Department and filing proof
26 acceptable to the Board Department of his fitness to have his
27 license restored, including sworn evidence certifying to
28 active practice in another jurisdiction satisfactory to the
29 Board Department and by paying the required restoration fee.
30 If the public accountant has not maintained an active
31 practice in another jurisdiction satisfactory to the Board
32 Department, the Board Department shall determine, by an
33 evaluation program established by rule, fitness to resume
-21- LRB9206807ACcdam
1 active status and may require the applicant to complete a
2 period of supervised auditing experience.
3 However, any licensed certified public accountant whose
4 license expired while he was (1) in Federal Service on active
5 duty with the Armed Forces of the United States, or the State
6 Militia called into service or training, or (2) in training
7 or education under the supervision of the United States
8 preliminary to induction into the military service, may have
9 his license renewed reinstated or restored without paying any
10 lapsed renewal and restoration fees if within 2 years after
11 honorable termination of such service, training or education
12 except under conditions other than honorable, he furnished
13 the Board Department with satisfactory evidence to the effect
14 that he has been so engaged and that his service, training or
15 education has been so terminated.
16 (Source: P.A. 84-1299.)
17 (225 ILCS 450/17.2) (from Ch. 111, par. 5518.2)
18 Sec. 17.2. Any licensed certified public accountant who
19 notifies the Board Department in writing on forms prescribed
20 by the Board Department, may elect to place his license on an
21 inactive status and shall, subject to rules of the Board
22 Department, be excused from payment of renewal fees until he
23 notifies the Board Department in writing of his desire to
24 resume active status.
25 Any licensed certified public accountant requesting
26 restoration from inactive status shall be required to pay the
27 current renewal fee and shall be required to restore his
28 license, as provided in this Act.
29 Any licensed certified public accountant whose license is
30 in an inactive status shall not practice public accounting in
31 this State of Illinois.
32 The Board Department may, in its discretion, license as a
33 licensed certified public accountant, on payment of the
-22- LRB9206807ACcdam
1 required fee, an applicant who is a licensed certified public
2 accountant licensed under the laws of another jurisdiction if
3 the requirements for licensure of licensed certified public
4 accountants in the jurisdiction in which the applicant was
5 licensed were, at the date of his licensure, substantially
6 equivalent to the requirements in force in this State on that
7 date.
8 Applicants have 3 years from the date of application to
9 complete the application process. If the process has not
10 been completed in 3 years, the application shall be denied,
11 the fee forfeited and the applicant must reapply and meet the
12 requirements in effect at the time of reapplication.
13 (Source: P.A. 86-615.)
14 (225 ILCS 450/19) (from Ch. 111, par. 5520)
15 Sec. 19. Hearings. The Board, or a committee thereof,
16 shall Committee established under the provisions of Section
17 14 shall, upon designation by the Director, hear charges
18 which, if proved, would constitute grounds for disciplinary
19 action; shall hear applications for restoration of a
20 certificate or license and the issuance of registration cards
21 as licensed certified public accountants of any person,
22 partnership, limited liability company, or corporation whose
23 certificate or license has been suspended or revoked; and
24 shall report its findings and recommendations in connection
25 therewith to the Board Director, all as provided in Section
26 20.01.
27 The Board Department, upon recommendation of the
28 Committee shall also have power to promulgate and amend rules
29 of professional conduct that shall apply to persons certified
30 or every person licensed under this Act.
31 (Source: P.A. 88-36.)
32 (225 ILCS 450/20.01) (from Ch. 111, par. 5521.01)
-23- LRB9206807ACcdam
1 Sec. 20.01. Grounds for discipline; license.
2 (a) The Board Department may refuse to issue or renew,
3 or may revoke, suspend, or reprimand any license or licensee,
4 place a licensee on probation for a period of time subject to
5 any conditions the Board Committee may specify including
6 requiring the licensee to attend continuing education courses
7 or to work under the supervision of another licensee, impose
8 a fine not to exceed $5,000 for each violation, restrict the
9 authorized scope of practice, or require a licensee to
10 undergo a peer review program, for any one or more of the
11 following:
12 (1) Violation of any provision of this Act.
13 (2) Attempting to procure a license to practice
14 public accounting by bribery or fraudulent
15 misrepresentations.
16 (3) Having a license to practice public accounting
17 revoked, suspended, or otherwise acted against, including
18 the denial of licensure, by the licensing authority of
19 another state, the District of Columbia, or any United
20 States territory territory, or country. No disciplinary
21 action shall be taken in Illinois if the action taken in
22 another jurisdiction was based upon failure to meet the
23 continuing professional education requirements of that
24 jurisdiction and the applicable Illinois continuing
25 professional education requirements are met.
26 (4) Being convicted or found guilty, regardless of
27 adjudication, of a crime in any jurisdiction which
28 directly relates to the practice of public accounting or
29 the ability to practice public accounting.
30 (5) Making or filing a report or record which the
31 registrant knows to be false, willfully failing to file a
32 report or record required by state or federal law,
33 willfully impeding or obstructing the filing, or inducing
34 another person to impede or obstruct the filing. The
-24- LRB9206807ACcdam
1 reports or records shall include only those that are
2 signed in the capacity of a licensed certified public
3 accountant.
4 (6) Conviction in this or another State or the
5 District of Columbia, or any United States Territory, of
6 any crime that is punishable by one year or more in
7 prison or conviction of a crime in a federal court that
8 is punishable by one year or more in prison.
9 (7) Proof that the licensee is guilty of fraud or
10 deceit, or of gross negligence, incompetency, or
11 misconduct, in the practice of public accounting.
12 (8) Violation of any rule adopted under this Act.
13 (9) Practicing on a revoked, suspended, or inactive
14 license.
15 (10) Suspension or revocation of the right to
16 practice before any State.
17 (11) Conviction of any crime under the laws of the
18 United States or any state or territory of the United
19 States that is a felony or misdemeanor and has dishonesty
20 as essential element, or of any crime that is directly
21 related to the practice of the profession.
22 (12) Making any misrepresentation for the purpose
23 of obtaining a license, or material misstatement in
24 furnishing information to the Board Department.
25 (13) Aiding or assisting another person in
26 violating any provision of this Act or rules promulgated
27 hereunder.
28 (14) Engaging in dishonorable, unethical, or
29 unprofessional conduct of a character likely to deceive,
30 defraud, or harm the public and violating the rules of
31 professional conduct adopted by the Board Department.
32 (15) Habitual or excessive use or addiction to
33 alcohol, narcotics, stimulants, or any other chemical
34 agent or drug that results in the inability to practice
-25- LRB9206807ACcdam
1 with reasonable skill, judgment, or safety.
2 (16) Directly or indirectly giving to or receiving
3 from any person, firm, corporation, partnership, or
4 association any fee, commission, rebate, or other form of
5 compensation for any professional service not actually
6 rendered.
7 (17) Physical or mental disability, including
8 deterioration through the aging process or loss of
9 abilities and skills that results in the inability to
10 practice the profession with reasonable judgment, skill
11 or safety.
12 (18) Solicitation of professional services by using
13 false or misleading advertising.
14 (19) Failure to file a return, or pay the tax,
15 penalty or interest shown in a filed return, or to pay
16 any final assessment of tax, penalty or interest, as
17 required by any tax Act administered by the Illinois
18 Department of Revenue or any successor agency or the
19 Internal Revenue Service or any successor agency.
20 (20) Practicing or attempting to practice under a
21 name other than the full name as shown on the license or
22 any other legally authorized name.
23 (21) A finding by the Board Department that a
24 licensee has not complied with a provision of any lawful
25 order issued by the Board Department.
26 (22) Making a false statement to the Board
27 Department regarding compliance with continuing
28 professional education requirements.
29 (23) Failing to make a substantive response to a
30 request for information by the Board Department within 30
31 days of the request.
32 (a-5) Revocation or suspension by the Board of a CPA
33 certificate shall operate to automatically suspend a license
34 to practice public accounting issued hereunder, until such
-26- LRB9206807ACcdam
1 time as the CPA certificate is restored.
2 (b) (Blank).
3 (c) In rendering an order, the Director shall take into
4 consideration the facts and circumstances involving the type
5 of acts or omissions in subsection (a) including, but not
6 limited to:
7 (1) the extent to which public confidence in the
8 public accounting profession was, might have been, or may
9 be injured;
10 (2) the degree of trust and dependence among the
11 involved parties;
12 (3) the character and degree of financial or
13 economic harm which did or might have resulted; and
14 (4) the intent or mental state of the person
15 charged at the time of the acts or omissions.
16 (d) The Board Department shall reissue the license upon
17 a showing certification by the Committee that the disciplined
18 licensee has complied with all of the terms and conditions
19 set forth in the final order.
20 (e) The Board Department shall deny any application for
21 a license or renewal, without hearing, to any person who has
22 defaulted on an educational loan guaranteed by the Illinois
23 Student Assistance Commission; however, the Board Department
24 may issue a license or renewal if the person in default has
25 established a satisfactory repayment record as determined by
26 the Illinois Student Assistance Commission.
27 (f) The determination by a court that a licensee is
28 subject to involuntary admission or judicial admission as
29 provided in the Mental Health and Developmental Disabilities
30 Code will result in the automatic suspension of his or her
31 license. The suspension will end upon a finding by a court
32 that the licensee is no longer subject to involuntary
33 admission or judicial admission and , the issuance of an
34 order so finding and discharging the patient, and the
-27- LRB9206807ACcdam
1 recommendation of the Committee to the Director that the
2 licensee be allowed to resume professional practice.
3 (Source: P.A. 90-655, eff. 7-30-98.)
4 (225 ILCS 450/20.1) (from Ch. 111, par. 5522)
5 Sec. 20.1. Investigations; notice; hearing. The Board
6 Department may, upon its own motion, and shall, upon the
7 verified complaint in writing of any person setting forth
8 facts which, if proved, would constitute grounds for
9 disciplinary action as set forth in Section 20.01,
10 investigate the actions of any person or entity. The Board
11 Department may refer complaints and investigations to a
12 disciplinary body of the accounting profession for technical
13 assistance. The results of an investigation and
14 recommendations of the disciplinary body may be considered by
15 the Board Department, but shall not be considered
16 determinative and the Board Department shall not in any way
17 be obligated to take any action or be bound by the results of
18 the accounting profession's disciplinary proceedings. The
19 Board, Department before taking disciplinary action, shall
20 afford the concerned party or parties an opportunity to
21 request a hearing and if so requested shall set a time and
22 place for a hearing of the complaint. The Board Department
23 shall notify the applicant, the certificate holder, or the
24 licensed person or entity of any charges made and the date
25 and place of the hearing of those charges by mailing notice
26 thereof to that person or entity by registered or certified
27 mail to the place last specified by the accused person or
28 entity in the last notification to the Board Department, at
29 least 30 days prior to the date set for the hearing or by
30 serving a written notice by delivery of the notice to the
31 accused person or entity at least 15 days prior to the date
32 set for the hearing, and shall direct the applicant,
33 certificate holder, or licensee to file a written answer to
-28- LRB9206807ACcdam
1 the Board under oath within 20 days after the service of the
2 notice and inform the applicant, certificate holder, or
3 licensee that failure to file an answer will result in
4 default being taken against the applicant, certificate
5 holder, or licensee and that the license or certificate may
6 be suspended, revoked, placed on probationary status, or
7 other disciplinary action may be taken, including limiting
8 the scope, nature or extent of practice, as the Board
9 Director may deem proper. In case the person fails to file an
10 answer after receiving notice, his or her license or
11 certificate may, in the discretion of the Board Department,
12 be suspended, revoked, or placed on probationary status, or
13 the Board Department may take whatever disciplinary action
14 deemed proper, including limiting the scope, nature, or
15 extent of the person's practice or the imposition of a fine,
16 without a hearing, if the act or acts charged constitute
17 sufficient grounds for such action under this Act. The Board
18 Department shall afford the accused person or entity an
19 opportunity to be heard in person or by counsel at the
20 hearing. Following At the conclusion of the hearing the
21 Board Committee shall issue present to the Director a written
22 order setting forth report of its finding of facts,
23 conclusions of law, and penalties to be imposed
24 recommendations. The order report shall contain a finding
25 whether or not the accused person violated this Act or failed
26 to comply with the conditions required in this Act. The
27 Committee shall specify the nature of the violation or
28 failure to comply, and make its recommendations to the
29 Director.
30 The report of findings of fact, conclusions of law and
31 recommendations of the Committee shall be the basis for the
32 Department's disciplinary action. If the Director disagrees
33 in any regard with the report, he may issue an order in
34 contravention of the report. The Director shall provide a
-29- LRB9206807ACcdam
1 written explanation to the Committee of any deviations from
2 their report, and shall specify with particularity the
3 reasons of that action in the final order. The finding is not
4 admissible in evidence against the person in a criminal
5 prosecution brought for the violation of this Act, but the
6 hearing and findings are not a bar to a criminal prosecution
7 brought for the violation of this Act.
8 (Source: P.A. 87-1031; 88-36.)
9 (225 ILCS 450/20.2) (from Ch. 111, par. 5523)
10 Sec. 20.2. The Board Department may either directly or
11 through its Committee subpoena and bring before it at any
12 hearing any person in this State and take testimony through
13 the Committee either orally or by deposition, or both, with
14 the same fees and mileage and in the same manner as
15 prescribed by law in judicial proceedings in civil cases in
16 circuit courts of this State.
17 The Chairman of the Board Director, or any member of the
18 Board Committee designated by the Chairman, or any hearing
19 officer appointed pursuant to Section 20.6, Director may
20 administer oaths to witnesses at any hearing which the Board
21 Department is authorized by law to conduct, and any other
22 oaths required or authorized in any Act administered by the
23 Board Department.
24 (Source: P.A. 83-338.)
25 (225 ILCS 450/20.3) (from Ch. 111, par. 5524)
26 Sec. 20.3. Any circuit court in the State of Illinois,
27 upon the application of the accused person, partnership or
28 corporation, of the complainant or of the Board Department,
29 may, by order duly entered, require the attendance of
30 witnesses and the production of relevant books and papers
31 before the Department at any hearing relative to a
32 disciplinary action and the court may compel obedience to the
-30- LRB9206807ACcdam
1 order by proceedings for contempt.
2 (Source: P.A.83-291; 83-334.)
3 (225 ILCS 450/20.4) (from Ch. 111, par. 5525)
4 Sec. 20.4. The Board Department, at its expense, shall
5 provide a stenographer to take down the testimony and
6 preserve a record of all proceedings at disciplinary
7 hearings. The Board Department shall furnish a transcript of
8 that record to any person interested in that hearing upon
9 payment of the reasonable cost established by the Department.
10 (Source: P.A. 83-291.)
11 (225 ILCS 450/20.5) (from Ch. 111, par. 5526)
12 Sec. 20.5. Rehearing. In any disciplinary proceeding, a
13 copy of the Board's order Committee's report shall be served
14 upon the respondent by the Department, either personally or
15 as provided in this Act for the service of the notice of
16 hearing. Within 20 days after such service, the respondent
17 may present to the Board Department a motion in writing for a
18 rehearing, which motion shall specify the particular grounds
19 therefor. If no motion for rehearing is filed, then upon the
20 expiration of the time specified for filing such a motion, or
21 if a motion or rehearing is denied, then upon such denial the
22 determination of the Board shall be final Director may enter
23 an order in accordance with recommendations of the Committee
24 except as provided in Section 20.6 of this Act. If the
25 respondent shall order from the reporting service, and pay
26 for a transcript of the record within the time for filing a
27 motion for rehearing, the 20 day period within which such a
28 motion may be filed shall commence upon the delivery of the
29 transcript to the respondent.
30 Whenever the Director is satisfied that substantial
31 justice has not been done in the disciplinary proceeding, the
32 Director may order a rehearing by the Committee or designated
-31- LRB9206807ACcdam
1 hearing officer.
2 Upon the suspension or revocation of a certificate or
3 license the licensee shall be required to surrender to the
4 Board Department the certificate or license issued by the
5 Board Department, and upon failure or refusal so to do, the
6 Board Department may seize it.
7 The Board Department may exchange information relating to
8 proceedings resulting in disciplinary action against
9 certificate holders and licensees with the regulatory
10 licensing bodies of other states, or with other public
11 authorities or private organizations having regulatory
12 interest in such matter.
13 (Source: P.A. 88-36.)
14 (225 ILCS 450/20.6) (from Ch. 111, par. 5526.6)
15 Sec. 20.6. Notwithstanding the provisions of Section
16 20.2 of this Act, the Board Director shall have the authority
17 to appoint any attorney duly licensed to practice law in the
18 State of Illinois to serve as the hearing officer in any
19 disciplinary action. The Director shall notify the Committee
20 of such appointment.
21 The hearing officer shall have full authority to conduct
22 the hearing. The hearing officer shall report his findings
23 of fact, conclusions of law and recommendations to the Board
24 Committee and the Director. The Board Committee shall have
25 60 days from receipt of the report to review the report of
26 the hearing officer and present their findings of fact,
27 conclusions of law and recommendations to the Director. If
28 the Committee fails to present its report within the 60 day
29 period, the Director shall issue an order based on the report
30 of the hearing officer unless it. If the Director disagrees
31 in any regard with the report of the Committee or hearing
32 officer, in which case it he may issue an order in
33 contravention thereof, which order may require a new hearing
-32- LRB9206807ACcdam
1 as to some or all of the facts in dispute or may issue
2 findings of fact and conclusions of law contrary to the
3 findings and conclusions of the hearing officer. The
4 Director shall provide a written explanation to the Committee
5 of any such deviations and shall specify with particularity
6 the reasons for said action in the final order.
7 (Source: P.A. 83-291.)
8 (225 ILCS 450/21) (from Ch. 111, par. 5527)
9 Sec. 21. Judicial review; cost of record; order as prima
10 facie proof.
11 (a) All final administrative decisions of the Department
12 hereunder shall be subject to judicial review pursuant to the
13 provisions of the Administrative Review Law, and all
14 amendments and modifications thereof, and the rules adopted
15 pursuant thereto. The term "administrative decision" is
16 defined as in Section 3-101 of the Code of Civil Procedure.
17 Proceedings for judicial review shall be commenced in the
18 Circuit Court of the county in which the party applying for
19 review resides; provided, that if such party is not a
20 resident of this State, the venue shall be in Sangamon,
21 Champaign, or Cook County.
22 (b) The Board Department shall not be required to
23 certify any record to the court or file any answer in court
24 or otherwise appear in any court in a judicial review
25 proceeding, unless there is filed in the court with the
26 complaint a receipt from the Board Department acknowledging
27 payment of the costs of furnishing and certifying the record,
28 which costs shall be established by the Board Department.
29 Exhibits shall be certified without cost. Failure on the
30 part of the plaintiff to file such receipt in court shall be
31 grounds for dismissal of the action.
32 (c) An order of disciplinary action or a certified copy
33 thereof, over the seal of the Board Department and purporting
-33- LRB9206807ACcdam
1 to be signed by the Chairman or authorized agent of the Board
2 Director, shall be prima facie proof, subject to being
3 rebutted, that:
4 (1) the signature is the genuine signature of the
5 Chairman or authorized agent of the Board Director;
6 (2) the Chairman or authorized agent of the Board
7 Director is duly appointed and qualified; and
8 (3) the Board Committee and the members thereof are
9 qualified to act.
10 (Source: P.A. 91-357, eff. 7-29-99.)
11 (225 ILCS 450/26) (from Ch. 111, par. 5532)
12 Sec. 26. Rules and regulations. The Board and the
13 Department shall adopt all necessary and reasonable rules and
14 regulations for the effective administration and enforcement
15 of the provisions of this Act; and without limiting the
16 foregoing the Board shall adopt and prescribe rules and
17 regulations for a fair and wholly impartial method of
18 determining the qualifications of applicants for examination
19 and for a fair and wholly impartial method of examination of
20 persons under Section 2 and may establish rules for subjects
21 conditioned and for the transfer of credits from other
22 jurisdictions with respect to subjects passed. All Department
23 university rules in effect on the effective date of this
24 amendatory Act of the 92nd General Assembly 1993 shall
25 continue in effect under the jurisdiction of the Board until
26 changed by the Board.
27 (Source: P.A. 88-36.)
28 (225 ILCS 450/27) (from Ch. 111, par. 5533)
29 Sec. 27. A licensed certified public accountant shall not
30 be required by any court to divulge information or evidence
31 which has been obtained by him in his confidential capacity
32 as a public accountant. This Section shall not apply to any
-34- LRB9206807ACcdam
1 investigation or hearing undertaken pursuant to this Act.
2 (Source: P.A. 83-291.)
3 (225 ILCS 450/28) (from Ch. 111, par. 5534)
4 Sec. 28. Penalties. Each of the following acts
5 perpetrated in the State of Illinois is a Class B
6 misdemeanor.
7 (a) The practice of public accounting insofar as it
8 consists in rendering service as described in Section 8,
9 without licensure, in violation of the provisions of this
10 Act;
11 (b) The obtaining or attempting to obtain licensure as a
12 licensed certified public accountant by fraud;
13 (c) The use of the title "Certified Public Accountant"
14 or the abbreviation "C.P.A." or any similar words or letters
15 indicating the user is a certified public accountant, by any
16 person who has not received a certificate as a certified
17 public accountant from the Board;
18 (d) The use of the title "Certified Public Accountant"
19 or the abbreviation "C.P.A." or any similar words or letters
20 indicating that the members are certified public accountants,
21 by any partnership unless all members thereof personally
22 engaged in the practice of public accounting in this State
23 have received certificates as certified public accountants
24 from the Board, are licensed as licensed certified public
25 accountants by the Board Department, and are holders of an
26 effective unrevoked license, and the partnership is licensed
27 as licensed certified public accountants by the Board
28 Department with an effective unrevoked license;
29 (e) The use of the title "licensed certified public
30 accountant", "licensed CPA", "Public Accountant", or the
31 abbreviation "P.A." or any similar words or letters
32 indicating such person is a licensed certified public
33 accountant, by any person not licensed as a licensed
-35- LRB9206807ACcdam
1 certified public accountant by the Board Department, and
2 holding an effective unrevoked license; provided nothing in
3 this Act shall prohibit the use of the title "Accountant" or
4 "Bookkeeper" by any person;
5 (f) The use of the title "Licensed Certified Public
6 Accountants", "Public Accountants" or the abbreviation
7 "P.A.'s" or any similar words or letters indicating that the
8 members are public accountants by any partnership unless all
9 members thereof personally engaged in the practice of public
10 accounting in this State are licensed as licensed certified
11 public accountants by the Department and are holders of
12 effective unrevoked licenses, and the partnership is licensed
13 as a public accounting firm accountants by the Board
14 Department with an effective unrevoked licenses;
15 (g) Making false statements to the Board Department
16 regarding compliance with continuing professional education
17 requirements.
18 (Source: P.A. 88-36.)
19 (225 ILCS 450/30) (from Ch. 111, par. 5535)
20 Sec. 30. The practice of public accounting, as described
21 in Section 8 of this Act, by any person in violation of this
22 Act is hereby declared to be inimical to the public welfare
23 and to be a public nuisance. An action to perpetually enjoin
24 from such unlawful practice any person who has been or is
25 engaged therein may be maintained in the name of the people
26 of the State of Illinois by the Attorney General of the State
27 of Illinois, by the State's Attorney of any county in which
28 the action is brought, by the Board Department or by any
29 resident citizen. The injunction proceeding shall be in
30 addition to and not in lieu of any penalties or other
31 remedies provided by this Act. No injunction shall issue
32 under this section against any person for any act exempted
33 under Section 11 of this Act.
-36- LRB9206807ACcdam
1 If any person shall practice as a licensed certified
2 public accountant or hold himself out as a licensed certified
3 public accountant without being licensed under the provision
4 of this Act then any licensed certified public accountant,
5 any interested party or any person injured thereby may, in
6 addition to the Board Director, petition for relief as
7 provided in subsection (a) of this Section.
8 Whenever in the opinion of the Board Department any
9 person violates any provision of this Act, the Board
10 Department may issue a rule to show cause why an order to
11 cease and desist should not be entered against him. The rule
12 shall clearly set forth the grounds relied upon by the Board
13 Department and shall provide a period of 7 days from the date
14 of the rule to file an answer to the satisfaction of the
15 Board Department. Failure to answer to the satisfaction of
16 the Board Department shall cause an order to cease and desist
17 to be issued forthwith.
18 (Source: P.A. 83-291.)
19 (225 ILCS 450/30.1) (from Ch. 111, par. 5535.1)
20 Sec. 30.1. No person, partnership, or corporation, or
21 other entity licensed or authorized to practice under this
22 Act or any of its employees, partners, members, officers or
23 shareholders shall be liable to persons not in privity of
24 contract with such person, partnership, or corporation, or
25 other entity for civil damages resulting from acts,
26 omissions, decisions or other conduct in connection with
27 professional services performed by such person, partnership,
28 or corporation, or other entity, except for:
29 (1) such acts, omissions, decisions or conduct that
30 constitute fraud or intentional misrepresentations, or
31 (2) such other acts, omissions, decisions or conduct, if
32 such person, partnership or corporation was aware that a
33 primary intent of the client was for the professional
-37- LRB9206807ACcdam
1 services to benefit or influence the particular person
2 bringing the action; provided, however, for the purposes of
3 this subparagraph (2), if such person, partnership, or
4 corporation, or other entity (i) identifies in writing to the
5 client those persons who are intended to rely on the
6 services, and (ii) sends a copy of such writing or similar
7 statement to those persons identified in the writing or
8 statement, then such person, partnership, or corporation, or
9 other entity or any of its employees, partners, members,
10 officers or shareholders may be held liable only to such
11 persons intended to so rely, in addition to those persons in
12 privity of contract with such person, partnership, or
13 corporation, or other entity.
14 (Source: P.A. 84-1251.)
15 (225 ILCS 450/32) (from Ch. 111, par. 5537)
16 Sec. 32. (a) This subsection (a) applies only until
17 July 1, 2004.
18 All moneys received by the Department under this Act
19 shall be deposited into the Registered Certified Public
20 Accountants' Administration and Disciplinary Fund, which is
21 hereby created as a special fund in the State Treasury. The
22 funds in the account shall be used by the Department or the
23 Board, as appropriated, exclusively for expenses of the
24 Department, and the Public Accountants' Registration
25 Committee, or the Board in the administration of this Act.
26 Moneys in the Registered Certified Public Accountants'
27 Administration and Disciplinary Fund may be invested and
28 reinvested, with all earnings received from the investments
29 to be deposited into the Registered Certified Public
30 Accountants' Administration and Disciplinary Fund.
31 Moneys from the Fund may also be used for direct and
32 allocable indirect costs related to the public purposes of
33 the Department of Professional Regulation or the Board.
-38- LRB9206807ACcdam
1 Moneys in the Fund may be transferred to the Professions
2 Indirect Cost Fund as authorized by Section 2105-300 of the
3 Department of Professional Regulation Law (20 ILCS
4 2105/2105-300).
5 (b) This subsection (b) applies beginning July 1, 2004.
6 All moneys received by the Board under this Act shall be
7 deposited into the Registered Certified Public Accountants'
8 Administration and Disciplinary Fund, a special fund in the
9 State Treasury. The moneys in the Fund shall be used by the
10 Board, as appropriated, exclusively for expenses of the
11 Department and the Board in the administration of this Act.
12 Moneys in the Registered Certified Public Accountants'
13 Administration and Disciplinary Fund may be invested and
14 reinvested, with all earnings received from the investments
15 to be deposited into the Registered Certified Public
16 Accountants' Administration and Disciplinary Fund.
17 (Source: P.A. 91-239, eff. 1-1-00.)
18 Section 99. Effective date. This Section, Section 5,
19 and the changes to Section 32 of the Illinois Public
20 Accounting Act take effect upon becoming law; all of the
21 other provisions take effect July 1, 2004.".