Section 309-B:4 Board of Accountancy; Appointment; Disposition of Fees; Rulemaking.
I. (a) There is hereby created the New Hampshire board of accountancy, which shall have responsibility for the administration and enforcement of this chapter. The board shall consist of 7 members, all of whom shall be residents of this state appointed by the governor with the approval of council. Four members shall be holders of certificates under RSA 309-B:5 or corresponding provisions of prior law; one member shall be a public accountant who is a holder of a currently valid registration, and 2 members shall be public members, who are not, and never were, members of the accounting profession, or the spouses of such persons, but who have, or have had, professional or practical experience in the use of accounting services and financial statements so as to be qualified to make judgments about the qualifications and conduct of persons and firms subject to regulation under this chapter. The one position to be occupied by a public accountant shall instead be occupied by a public member after the number of public accountants holding currently valid public accountant registrations drops below 25.
(b) Members of the board shall serve staggered 5-year terms. Members serving terms of less than 5 years under prior law shall serve out such shorter terms. A vacancy occurring during a term shall be filled by appointment of the governor and approval of council for the unexpired portion of such term. Upon the expiration of a member's term, such member shall continue to serve until a successor shall have been appointed and taken office.
(c) No person who has served 2 successive complete terms shall be eligible for reappointment, but appointment to fill an unexpired term shall not be considered a complete term for this purpose. All terms of service under prior law shall be considered in determining the completion of 2 consecutive terms.
(d) Any member of the board whose certificate under RSA 309-B:5 or registration under RSA 309-B:9 of this chapter is revoked or suspended shall automatically cease to be a member of the board. A board member may be removed for cause by the governor and council under RSA 4:1.
II. (a) The board shall elect annually from among its members a chairperson, a secretary-treasurer, and such other officers as the board may deem appropriate.
(b) The board shall meet at such times and places as may be fixed by the board. Meetings of the board shall be open to the public, except insofar as they are concerned with investigations under RSA 309-B:11 and except as may be necessary to protect information that is required to be kept confidential by board rules or by the laws of this state. A majority of the board members then in office shall constitute a quorum at any meeting duly called.
(c) The board shall have a seal which shall be judicially noticed.
(d) The board shall retain or arrange for the retention of all applications, all documents under oath that are filed with the board, and records of its proceedings. The board shall maintain a registry of the names and addresses of all licensees under this chapter. In any proceeding in court, civil or criminal, arising out of or founded upon any provision of this chapter, copies of any of the records certified as true copies under the seal of the board shall be admissible in evidence as tending to prove the contents of said records.
III. (a) Each member of the board shall be paid $100 for each day or portion of a day spent in the discharge of official duties and shall be reimbursed for actual and necessary expenses incurred in the discharge of official duties.
(b) In addition to the amounts in subparagraph (a), the secretary-treasurer shall be compensated in an amount to be determined by the board, but not to exceed $5,000.
IV. All moneys collected by the board from fees authorized under this chapter shall be received and accounted for by the board, shall be deposited in the state treasury to the credit of the board, and shall not lapse. Administration expenses shall be limited to the funds collected and may include, but shall not be limited to, the costs of conducting investigations and of taking testimony and procuring the attendance of witnesses before the board or its committees; all legal proceedings taken under this chapter for the enforcement of this chapter; and educational programs for the benefit of the public or licensees and their employees. All fees prescribed by the board under prior law shall remain in effect until the board shall prescribe a new schedule of fees pursuant to RSA 541-A.
V. The board shall file an annual report of its activities with the governor, the president of the senate, and the speaker of the house of representatives. The report shall include a statement of all receipts and disbursements and a listing of all current licensees under this chapter. The board shall mail a copy of the annual report to any person requesting it, upon payment of a reasonable charge.
VI. The board may employ an executive director, investigators, and such other personnel as it deems necessary for administration and enforcement under this chapter. It may appoint such committees or persons to advise or assist it in such administration and enforcement, as it may see fit. It may retain its own counsel to advise and assist it, in addition to such advice and assistance as is provided by the department of justice.
VII. The board shall have the power to take any action necessary and proper to carry out the purposes of this chapter, including the power to sue and be sued in its official name as an agency of this state; to issue subpoenas to compel the attendance of witnesses and the production of documents; and to administer oaths, to take testimony, to cooperate with the appropriate authorities in other states in investigations and enforcement concerning violations of this chapter and comparable laws of other states, and to receive evidence concerning all matters within its jurisdiction. In case of disobedience of a subpoena, the board may invoke the aid of any court of this state in requiring the attendance and testimony of witnesses and the production of documentary evidence. The board, its members, and its agents shall be immune from personal liability for actions taken in good faith in the discharge of the board's responsibilities, and the state shall hold the board, its members, and its agents harmless from all costs, damages, and attorneys' fees arising from claims and suits against them with respect to matters to which such immunity applies.
VIII. The board shall adopt rules, pursuant to RSA 541-A, governing its administration, the enforcement of this chapter and the conduct of licensees. Such rules shall include, but not be limited to:
(a) Rules governing the board's meetings and conduct of its business.
(b) Rules of procedure governing the conduct of investigations and hearings by the board.
(c) Rules specifying the educational and experience qualifications required for all licensees, and the continuing professional education required for renewal of certificates or registrations.
(d) Rules of professional conduct directed to controlling the quality and integrity of the practice of public accountancy by licensees, including, but not limited to, matters relating to independence, integrity, objectivity, competence, technical standards, responsibilities to the public, and responsibilities to clients.
(e) Rules on substantial equivalency for implementation of RSA 309-B:6.
(f) Rules governing the manner and circumstances of use of the titles ""certified public accountant'', ""CPA,'' ""public accountant'' and ""PA.''
(g) Rules regarding peer review as required under this chapter. Such rules shall include conduct and cost parameters to ensure that charges for the off-site peer review process are not excessive.
(h) The establishment of all fees required under this chapter.
(i) Such other rules as the board may deem necessary or appropriate for implementing the provisions and purposes of this chapter.
IX. In accordance with RSA 541-A, the board shall publish notice of such proposed action and shall, in addition, notify all licensees.
Source. 1999, 236:1. 2003, 285:1, eff. Sept. 16, 2003.