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IC 25-2.1-2-2
Enforcement responsibilities
Sec. 2. The board is responsible for the administration and
enforcement of this article.
As added by P.L.30-1993, SEC.7.
IC 25-2.1-2-3
Membership of board; qualifications
Sec. 3. (a) The board consists of six (6) members appointed by the
governor.
(b) Five (5) members must meet the following conditions:
(1) Be a resident of Indiana.
(2) Be a certified public accountant under IC 25-2.1-3 or
IC 25-2.1-4.
(c) One (1) member must meet the following conditions:
(1) Be a resident of Indiana.
(2) Be a consumer who is not certified under this article but has
professional or practical experience in the use of accounting
services and financial statements that qualify the individual to
make judgments about the qualifications and conduct of
individuals and firms under this article.
As added by P.L.30-1993, SEC.7. Amended by P.L.128-2001,
SEC.17; P.L.105-2008, SEC.4.
IC 25-2.1-2-4
Terms of members; successive terms; expiration
Sec. 4. (a) A member of the board serves a term of three (3) years
and until the member's successor is appointed and qualified.
(b) An individual may not serve more than two (2) complete
terms. An appointment to fill an unexpired term is not a complete
term.
(c) All terms expire on June 30.
As added by P.L.30-1993, SEC.7. Amended by P.L.190-2007, SEC.5.
IC 25-2.1-2-5
Removal of members; filling vacancies
Sec. 5. (a) A member of the board is automatically removed from
the board if the member's certificate is suspended or revoked under
this article.
(b) The governor may remove a member for neglect of duty,
incompetency, or unprofessional conduct.
(c) A vacancy in the membership of the board shall be filled by
appointment by the governor for the unexpired term.
As added by P.L.30-1993, SEC.7.
IC 25-2.1-2-6
Chairman; officers
Sec. 6. (a) Each year the board shall elect a member as chairman.
(b) The board may annually elect a member to fill an office that
the board determines is appropriate.
As added by P.L.30-1993, SEC.7.
IC 25-2.1-2-7
Meetings
Sec. 7. The board shall meet at times and places determined by the
board.
As added by P.L.30-1993, SEC.7.
IC 25-2.1-2-8
Quorum
Sec. 8. A quorum of the board consists of a majority of the
appointed members.
As added by P.L.30-1993, SEC.7.
IC 25-2.1-2-9
Seal
Sec. 9. The board shall adopt and use an official seal.
As added by P.L.30-1993, SEC.7.
IC 25-2.1-2-10
Compensation and reimbursements
Sec. 10. Each member of the board who is not a state employee is
entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
traveling expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state policies
and procedures established by the Indiana department of
administration and approved by the budget agency.
As added by P.L.30-1993, SEC.7. Amended by P.L.3-2008, SEC.183.
IC 25-2.1-2-11
Document retention and registries; admissibility of records
Sec. 11. (a) The board shall:
(1) retain or arrange for the retention of all applications and all
verified documents that are filed with the board and the records
of the board's proceedings; and
(2) maintain registry of the names and addresses of all
licensees.
(b) In a civil or criminal court proceeding arising out of or
founded on a provision of this article, copies of a certified and sealed
record are admissible as evidence to prove the contents of records.
As added by P.L.30-1993, SEC.7.
IC 25-2.1-2-13
Appointment of enforcement personnel
Sec. 13. The board may appoint committees or individuals to
advise or assist the board in the administration and enforcement of
this article.
As added by P.L.30-1993, SEC.7.
IC 25-2.1-2-14
Actions and proceedings; judicial powers
Sec. 14. The board may:
(1) sue and be sued in the board's name as an agency of the
state;
(2) issue subpoenas to compel the attendance of witnesses and
the production of documents;
(3) administer oaths; and
(4) take testimony and receive evidence concerning matters
under the board's jurisdiction.
As added by P.L.30-1993, SEC.7.
IC 25-2.1-2-15
Adoption of rules
Sec. 15. The board may adopt rules under IC 4-22-2 governing the
administration and enforcement of this article and the conduct of
licensees, including the following:
(1) The board's meetings and conduct of business.
(2) The procedure of investigations and hearings.
(3) The educational and experience qualifications required for
the issuance of certificates under this article and the continuing
professional education required for renewal of certificates under
IC 25-2.1-4.
(4) Rules of professional conduct directed to controlling the
quality and probity of the practice of accountancy by licensees,
including independence, integrity, and objectivity, competence
and technical standards, and responsibilities to the public and
clients.
(5) The actions and circumstances that constitute professing to
be a licensee in connection with the practice of accountancy.
(6) The manner and circumstances of use of the title "certified
public accountant" and the abbreviation "CPA".
(7) Quality reviews (before July 1, 2012) or peer reviews (after
June 30, 2012) that may be required to be performed under this
article.
(8) Methods of applying for and conducting the examinations,
including methods for grading examinations and determining a
passing grade required of an applicant for a certificate.
However, the board shall to the extent possible provide that the
examination, grading of the examination, and the passing grades
are uniform with those applicable in other states.
(9) Substantial equivalency.
(10) Administration of the accountant investigative fund
established by IC 25-2.1-8-4.
As added by P.L.30-1993, SEC.7. Amended by P.L.128-2001,
SEC.18; P.L.190-2007, SEC.7; P.L.197-2011, SEC.77.
IC 25-2.1-2-16
Rules; professional standards
Sec. 16. (a) The board may adopt a rule under IC 4-22-2-37.1 to
incorporate by reference into a rule the latest statement, edition, or
compilation of the professional standards governing the competent
practice of accountancy that are:
(1) enacted in a federal or state statute, rule, or regulation; or
(2) adopted by an agent of the United States, a state, or a
nationally recognized organization or association, including the
AICPA, the International Accounting Standards Board, and the
Public Company Accounting Oversight Board.
(b) The board may, by resolution, authorize the executive director
of the Indiana professional licensing agency to adopt one (1) or more
rules described in subsection (a) on behalf of the board. The
authorization may be limited as determined by the board. The board
may revise or terminate an authorization by resolution. The executive
director of the Indiana professional licensing agency shall adopt rules
under IC 4-22-2-37.1 in conformity with the resolution adopted by
the board. A rule adopted on behalf of the board by the executive
director must:
(1) be signed by the executive director;
(2) specify on the signature page that the executive director is
acting on behalf of the board; and
(3) be submitted to the publisher of the Indiana Register under
IC 4-22-2-37.1 with a copy of the resolution authorizing the
rulemaking.
A rule adopted by the executive director in conformity with this
subsection shall be treated as a rule of the board.
(c) A rule described in subsection (a) or (b) expires on the later of
the date:
(1) specified in the rule; or
(2) that another rule becomes effective that amends or repeals
the previously issued rule.
As added by P.L.25-2012, SEC.2.