N.Y. Comp. Codes R. & Regs. tit. 8 § 70.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 70.9 - Continuing education

(a) Applicability of requirement.

(1) All licensees engaged in the practice of public accountancy in this State, as defined in Education Law section 7401, either full time or part time, and required under article 130 of the Education Law to register triennially with the Department, shall complete the continuing education requirements in accordance with this section, except those licensees exempt from the requirement pursuant to paragraph (2) of this subdivision.

(2) Exemptions and adjustments in the requirement.

(i) A new licensee shall become subject to the mandatory continuing education requirements on the first January 1 that falls in his or her first registration period.

(ii) Licensees who are not engaged in the practice of public accountancy as defined in Education Law section 7401 and who have filed a written statement with the department declaring such status shall be exempt from the mandatory continuing education requirement.

(iii) Adjustments to the mandatory continuing education requirement may be made by the department for good cause acceptable to the department which prevents compliance with all or part of the requirement. Good cause shall include personal illness certified by a physician, military service and extreme hardship which makes it impossible to comply with the requirement in a timely manner. Good cause shall not include family or business commitments, except for unforeseen serious family problems occurring during the last six months of the calendar year.

(b) Minimum continuing education requirement.

(1) For licensees whose triennial registration period ends prior to January 1, 2009, for each calendar year, other than those that are exempt from the continuing education requirements pursuant to paragraph (a)(2) of this section shall have the option of:

(i) completing a minimum of 40 contact hours of acceptable formal continuing education in the following recognized areas of study: accounting, attest, auditing, taxation, advisory services, specialized knowledge and applications related to specialized industries, and such other areas appropriately related to the practice of accounting as may be acceptable to the department; or

(ii) completing a minimum of 24 contact hours of acceptable formal continuing education concentrated in any one of the following three subject areas: auditing, accounting, or taxation.

(2) For licensees whose triennial registration period ends on or after January 1, 2009, for each calendar year beginning with the 2009 calendar year, licensees other than those that are exempt from the continuing education requirements pursuant to paragraph (a)(2) of this section shall have the option of:

(i) completing a minimum of 40 contact hours of acceptable formal continuing education in the following recognized areas of study: accounting, attest, auditing, taxation, advisory services, specialized knowledge and applications related to specialized industries, and such other areas appropriately related to the practice of accounting as may be acceptable to the department; or

(ii) completing a minimum of 24 contact hours of acceptable formal continuing education concentrated in any one of the following recognized areas of study: accounting, attest, auditing, taxation, advisory services, specialized knowledge and applications related to specialized industries, and such other areas appropriately related to the practice of accounting as may be acceptable to the department.

(3) Any licensee who supervises attest or compilation services or signs or authorizes someone to sign the accountant's report on financial statements on behalf of a firm shall be required to complete at least 40 contact hours of continuing education in audit, accounting, and/or attest during the three years immediately prior to the performance of such services. These contact hours may be counted toward the annual contact hour requirement in the calendar year that they are completed.

(4) Any acceptable continuing professional education credits earned between September 1, 2008 and December 31, 2009 may be credited toward the minimum contact hours required for the calendar year beginning January 1, 2009 and ending December 31, 2009.

(5) During each triennial registration period ending on or before December 31, 2011, a registered licensee who is subject to the continuing education requirement shall be required to complete at least four contact hours in professional ethics. For each registration ending on or after January 1, 2012, a registered licensee who is subject to the continuing education requirement shall be required to complete at least four contact hours in professional ethics during the prior three calendar year period. For registered licensees who complete the calendar year contact hour requirement in the manner described in subparagraph (1)(i) of this subdivision, the four contact hours of professional ethics may be counted toward the annual contact hour requirement in the calendar year that they are taken. For registered licensees who complete the calendar year contact hour requirement in the manner described in subparagraph (1)(ii) of this subdivision, the four contact hours of professional ethics may be counted toward the annual contact hour requirement in the year that they were completed if the hours in professional ethics were taken in the recognized subject area of the concentration.

(6) Each licensee who is registered and resumes practice during the triennial registration period or re-registering from an inactive status, except as provided in paragraph (7) of this subdivision, shall notify the department and shall document 24 hours of continuing education completed in the 12-month period prior to return to public practice. Following re-entry into the practice, the licensee shall complete a pro rata portion of the mandated yearly requirement for the option selected pursuant to paragraph (1) of this subdivision on the basis of one-half of the number of hours required under the option selected for each full six-month period from the date of reentry to the end of the current reporting year.

(7) Any licensee who is not registered and submits an application to reactivate his or her registration between February 1, 2009 and July 31, 2010 shall not be required to document 24 hours of continuing education completed in the 12-month period prior to his or her return to practice. Such a licensee shall register with the department and complete the annual continuing education requirements set forth in paragraphs (1) and (2) of this subdivision for the calendar year in which he or she re-registers and in each subsequent calendar year.

(c) Eligible programs.

(1) As used in this section, acceptable formal continuing education shall mean formal programs of learning which contribute to professional practice, maintain or increase professional knowledge and which meet the requirements of this subdivision.

(2) Except as otherwise provided in paragraph (3) or (4) of this subdivision, to be acceptable to the department, recognized continuing education areas of study shall consist of instruction conducted by sponsors approved pursuant to subdivision (e) of this section in the following subjects only: accounting; attest; auditing; taxation; advisory services; and specialized knowledge and applications related to specialized industries, professional ethics and such other areas related to the practice of accounting as may be acceptable to the department. The types of formal programs which may be accepted by the department shall include:

(i) any courses taken for academic credit at a regionally accredited college or university, as reflected on an official transcript, and that fall within one or more of the recognized subject areas;

(ii) other organized educational and technical programs which contribute to growth in the professional knowledge and professional competence of the licensee and meet standards approved by the department.

(3) In addition to instruction pursuant to paragraph (2) of this subdivision, the following activities may contribute to meeting the continuing education requirement, provided that the number of contact hours allowed for such activities for any licensee shall not exceed one-half of the total number of hours of continuing education claimed during a licensee's triennial registration period:

(i) preparing and teaching a course offered by an approved sponsor, provided that the instruction is in the subjects set forth in paragraph (2) of this subdivision, further provided that such teaching shall not be accepted where the licensee has taught the course on more than one occasion without presenting new or revised material. The continuing education credits allowed will be on the basis of actual presentation hours, plus up two additional credits for actual preparation time for each hour taught, provided that the licensee can provide satisfactory documentation that he or she was a presenter for the course; and

(ii) authoring an article published in a peer-refereed journal or a published book dealing with one of the subjects set forth in paragraph (2) of this subdivision; and

(iii) teaching a credit bearing course at a regionally accredited college or university, provided that the instruction is in the subject areas set forth in paragraph (2) of this subdivision, and further provided that such teaching shall not be accepted if the licensee has taught the course on more than one occasion without presenting new or substantially revised material. The amount of continuing education that will be awarded for teaching a course is 15 contact hours per semester or 10 contact hours per quarter credit hours.

(4) Educational programs or courses in the subjects specified in paragraph (2) of this subdivision may be accepted, in whole or part, towards the continuing education requirement provided that such courses or programs are offered and conducted in another state or country by sponsors approved by licensing authorities of that jurisdiction or the National Association of State Boards of Accountancy under standards substantially equivalent to those of the department.

(d) Measurement of continuing education study. Continuing education credit shall be granted only for formal programs of learning that meet the requirements set forth in subdivision (c) of this section. One continuing education credit shall equal one contact hour. Contact hours shall be measured by program length, with a minimum of 50 minutes equaling one contact hour. Contact hours in one-half hour increments, equal to 25 minutes, shall be permitted after the first continuing education credit has been earned in a given program. For credit-bearing university or college courses, each semester-hour credit shall equal 15 contact hours and each quarter-hour shall equal 10 contact hours. Self-study programs shall be pretested to determine average completion time and the sponsor shall award credit on the basis of one credit per contact hour of the average pre-tested completion time.

(e) Sponsor approval.

(1) Persons or organizations desiring to offer programs under provisions of Education Law section 7409, shall submit, with fee as set forth in subdivision (h) of this section, an application for approval as a sponsor on forms provided by the department. Once the application has been reviewed and approved, initial registration as a sponsor shall become effective on the first day of the month in which the application is received. Retroactive approval will not be given for programs offered prior to the initial approval date.

(2) To be approved, each applicant shall submit evidence acceptable to the department that the applicant has and will maintain adequate resources to support all programs and will comply with the following development and presentation standards:

(i) sponsors shall assure that program developers are qualified in the subject matter and knowledgeable in instructional design;

(ii) sponsors shall assure that program materials are technically accurate, current and sufficient to meet the programs' learning objectives;

(iii) sponsors shall inform participants in advance of the programs' learning objectives, prerequisites, level of knowledge, content, specific New York States areas of study as defined in Education Law 7409(4), teaching method, recommended CPE credit, New York State sponsor identification number, and relevant administrative policies;

(iv) sponsors shall select instructors qualified with respect to both program content and teaching methods used; and

(v) sponsors shall provide a means for evaluating the quality of the program and update programs in response to the evaluations.

(3) Each approved sponsor shall maintain documentation for each program of instruction offered and retain the records for a period of not less than five years from the date each program is completed. Such documentation shall include the name and biography of the faculty, a record of individual enrollment and participation in such programs, an outline of the program materials, date and location of the program, number of contact hours recommended, summary of program evaluations and other evidence of compliance as may be required by the department. Records shall be available to the department upon request. In the event an approved sponsor discontinues operation, the governing body of such sponsor shall notify the department and shall transfer all such records as directed by the department.

(4) The department shall determine the term of approval for each sponsor.

(5) The department may conduct site visits or other reviews of sponsors and courses. Failure to cooperate with the department shall be cause for revocation of a sponsor's approval.

(f) Licensee records. Each licensee subject to this section shall maintain a record of completed continuing education hours which includes the title of the program, the number of credits awarded for the program, the sponsor's name and New York State sponsor number and the date and location of the program. Documents supporting these records shall be retained by the licensee for not less than five years from completion of a course(s), and be available for review by the department in the administration of the continuing education program.

(g) Renewal of registration.

(1) To qualify for renewal of registration, each licensee subject to the continuing education requirement shall certify on the registration application whether the minimum number of hours of continuing education as required by subdivision (b) of this section has been completed. A licensee who has not satisfied the mandatory continuing education requirements shall not be issued a triennial registration certificate by the department and shall not practice unless and until the continuing education requirement has been met, satisfactory to the department, and a registration certificate has been issued or until a conditional registration certificate is issued as provided in this subdivision.

(2) The department, in its discretion, may issue a conditional registration to a licensee who fails to meet the continuing education requirements but who agrees to make up any deficiencies and take any additional education which the department may require. The fee for such a conditional registration shall be the same as, and in addition to, the fee for the triennial registration. The duration of such conditional registration shall be determined by the department. Any licensee who is notified of the denial of registration for failure to submit evidence, satisfactory to the department, of completion of required continuing education and who practices without such registration may be subject to disciplinary proceedings pursuant to Education Law section 6510.

(h) Fees.

(1) A mandatory continuing education fee of $50 shall be collected from any licensee who is required under article 130 of the Education Law to register triennially with the department at the beginning of each triennial registration period. This fee shall be in addition to the triennial registration fee required by Education Law section 7404.

(2) Each individual and organization applying for approval from the department to offer continuing education courses to licensees shall pay an application fee of $300 and graduated renewal fees based on the number of different courses offered in the year prior to renewal.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 70.9

Amended New York State Register April 22, 2020/Volume XLII, Issue 16, eff. 4/22/2020

The amended version of this section by New York State Register January 26, 2022/Volume XLIV, Issue 04, eff. 1/26/2022 is not yet available