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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJune 2014

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24 DE Admin. Code 100
Pursuant to 24 Del.C. §105(a)(1), the Delaware Board of Accountancy has proposed revisions to its rules and regulations. The rules pertaining to renewal and audit are amended to provide that renewal must be accomplished electronically and that continuing education summaries shall be submitted within 30 days of the date of the notification of selection for audit.
In accordance with 29 Del.C. §10118(a), the final date to receive written comments will be July 31, 2014 which is 15 days following the public hearing. The Board will deliberate on all of the public comment at its regularly scheduled meeting on August 20, 2014 at 9:00 a.m., at which time it will determine whether to adopt the rules and regulations as proposed or make additional changes due to the public comment.
1.1 Pursuant to 24 Del.C. Ch. 1, the Delaware Board of Accountancy (“the Board”) is authorized to, and has adopted, these Rules and Regulations. The Rules and Regulations are applicable to all certified public accountants, public accountants, permit holders and applicants to the Board.
1.7 Board members are subject to the provisions applying to “honorary state officials” in the “State Employees’, Officers’ and Officials’ Code of Conduct,” found at 29 Del.C. Ch. 58. No member of the Board shall: (1) serve as a peer reviewer in a peer review of a licensee; or (2) be an instructor in an examination preparation course or school or have a financial interest in such an endeavor.
4.1.5 Evidence in a form satisfactory to the Board that the applicant meets the experience requirements provided in 24 Del.C. §107(a)(5) and Rule 5.0 of these Rules and Regulations, as applicable.
5.1 Applicants who hold a Master’s Degree pursuant to the terms of 24 Del.C. §107, shall meet the following standards and requirements for qualifying experience pursuant to 24 Del.C. §107(a)(5):
5.2 Applicants who hold a Baccalaureate Degree pursuant to the terms of 24 Del.C. §107, shall meet the following standards and requirements for qualifying experience pursuant to 24 Del.C. §107(a)(5):
5.3 Applicants who hold an Associate Degree pursuant to the terms of 24 Del.C. §107, shall meet the following standards and requirements for qualifying experience pursuant to 24 Del.C. 107(a)(5):
5.1 The experience required for issuance of an initial permit pursuant to 24 Del.C. §107(a)(5) shall meet the requirements set forth in this Rule.
7.1 Any person holding a valid Delaware certificate issued on or before June 30, 1985 remains a certificate holder. Even if a prior permit to practice has lapsed, he or she is deemed by statute (24 Del.C. §122(c)) to have achieved sufficient education and experience and may obtain a permit to practice by applying to the Board.
7.2 Any person issued a certificate after July 1, 1985 and those applicants who meet the requirements of 24 Del.C. §122(d) on or before January 1, 2006 will remain certificate holders. He or she may obtain a permit to practice by meeting the experience requirements as established in the Delaware Accountancy statute and Rules and Regulations.
9.2 The provisions of Rule 5.1 shall also apply to the experience required by 24 Del.C. §109(a)(3) for the granting of a permit by reciprocity.
10.9 All firms and accountants practicing in firms shall be bound by professional responsibility standards no less stringent than those stated in 8 Del.C. §608. Each applicant for issuance or renewal of a firm permit to practice certified public accountancy or public accountancy shall be required to cause a duly authorized individual to verify under oath that upon issuance by the Board of a firm permit to practice, the firm will be bound by professional standards no less stringent than those stated in 8 Del.C. §608.
11.2.1 Attestation may shall be completed electronically if the renewal is accomplished online. In an alternative, paper renewal documentation that contains attestation of completion can be submitted.
12.1 All examinations required under 24 Del.C. Ch. 1 and these Rules and Regulations shall be graded by the applicable grading service of the organization offering the examination.
13.1 Excepted Practices: The offering or rendering of data processing services by mechanical or electronic means is not prohibited by 24 Del.C. §120. However, the exception applies only to the processing of accounting data as furnished by the client and does not include the classification or verification of such accounting data or the analysis of the resulting financial statement by other than mechanical or electronic equipment not prohibited by this Rule. The rendering of advice or assistance in regard to accounting controls, systems and procedures is exempt only as it pertains to the specific equipment or data processing service being offered. The exemption does not cover study and/or advice regarding accounting controls, systems and procedures in general. Persons, partnerships or corporations offering or performing data processing services or services connected with mechanical or electronic equipment are subject to all provisions of 24 Del.C. Ch. 1.
13.2 Working Papers: For purposes of 24 Del.C. §120, the term “working papers” does not properly include client records. In some instances, a permit holder’s working papers may include data which should be part of the client’s books and records, rendering the client’s books and records incomplete. In such instances, that portion of the working papers containing such data constitutes part of the client’s records and should be made available to the client upon request.
14.1.4 If a hearing is requested by the Deputy Attorney General, the notice of hearing shall fully comply with 29 Del.C. §§10122 and 10131 pertaining to the requirements of the notice of proceedings. All notices shall be sent to the respondent’s address as reflected in the Board’s records.
14.1.6 If the respondent fails to appear at a disciplinary hearing after receiving the notice required by 29 Del.C. §§10122 and 10131, the Board may proceed to hear and determine the validity of the charges against the respondent.
16.1.9 Terroristic threatening; felony. 11 Del.C. §621(a) and (b).
16.1.40 Theft. 11 Del.C. §841.
16.1.45 Extortion. 11 Del.C. §846.
16.1.48 Identity theft. 11 Del.C. §854.
16.1.49 Forgery. 11 Del.C. §861.
16.1.68 Debt adjusting. 11 Del.C. §910.
16.1.95 Profiteering. 11 Del.C. §1212.
16.1.114 Stalking; felony. 11 Del.C. §1312A.
16.1.117 Adulteration. 11 Del.C. §1339.
16.1.133 Drug paraphernalia; felony. 16 Del.C. §4771 (b) and (c) [manufacture and sale, delivery to a minor].
Last Updated: December 31 1969 19:00:00.
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