Or. Admin. Code § 801-010-0115

Current through Register Vol. 63, No. 12, December 1, 2024

Section 801-010-0115 - Resignation of License by Licensee

(1)Resigning licenses that are not the subject of pending complaints or Board investigations. A certified public accountant or public accountant may resign and surrender a license issued under ORS 673.040, 673.100 and 673.150, by submitting a written resignation, together with the original certificate or license issued to the Board office. All resignations are effective upon the Board's receipt of the written resignation and certificate. In the event that a person wishes to reapply for a license to practice public accountancy after such a resignation, the person will be required to meet all requirements for initial licensure of ORS Chapter 673 and OAR chapter 801.

(2)Resigning licensees that are the subject of pending complaints or Board investigation. If a licensee is the subject of a complaint filed with the Board or a Board investigation, or if disciplinary proceedings are pending against a licensee, the resignation by such licensee shall be treated as and deemed to be a revocation for cause. A resignation under this section is not effective unless and until approved by the Board. A licensee who resigns under this section will be required to provide written notification to all clients of the effective date of resignation, together with a copy of the Final Order and provide the Board with a list of addresses of each client notified. A licensee may also be required to secure advance approval by the Board of any written notice of resignation to clients under this section.

(a) The Board may refuse to accept a resignation under this provision if the written resignation does not include a written acknowledgment by the resigning licensee of the following:

(A) That the licensee is required to return the CPA or PA wall certificate and wallet license card to the Board.

(B) That the licensee has knowledge of any pending investigation or disciplinary proceedings and does not wish to contest or defend the matter.

(C) If required by the Board, that the licensee has provided written notice of resignation under this section to all clients and informed all clients of where client records and work papers will be stored and of the clients' right to secure copies of all such records and work papers at no cost to the client.

(D) A resigning licensee of a registered firm is required to give written notice to only those firm clients for which the resigning licensee was the sole or primary CPA on an engagement, an engagement leader or the client relationship manager.

(E) That the licensee agrees to comply with any and all terms or conditions imposed by the Board.

(b) Unless otherwise expressly provided by the Board in writing, a resignation under this section will be treated as a revocation for cause and reflected accordingly in Board records and communications.

(c) The licensee understands that, in the event the licensee submits a subsequent application to be licensed to practice public accountancy, the licensee shall not be entitled to a reconsideration or re-examination of the facts, complaints, or instances of misconduct upon which investigations or disciplinary proceedings were pending at the time of the resignation.

(d) Upon any subsequent application to practice public accountancy, the licensee must meet all requirements of ORS Chapter 673 and OAR chapter 801 and reinstatement of a license following resignation under this provision is discretionary with the Board.

(3)Requirements upon resignation. Upon resignation, a former licensee is required to:

(a) Surrender the CPA certificate or PA license to the Board;

(b) Take all reasonable steps to avoid foreseeable harm to any client, including but not limited to providing written notice of resignation under this section to all clients and inform all clients of where client records and work papers will be stored and of the clients' right to secure copies of all such records and work papers at no cost to the client;

(c) Maintain client records per OAR 801-030-0030 for a period of at least seven years, notify clients of the location of their records for collection or return such records to the client; and

(d) Continue to comply with the requirements of OAR Chapter 801 Division 030 pertaining to confidential information and client records.

(e) For the purpose of subsection (b) above and unless otherwise required by the Board, a resigning licensee of a registered firm is required to give written notice to only those firm clients for which the resigning licensee was the sole or primary CPA on an engagement, an engagement leader, or the client relationship manager.

(4) Unless otherwise ordered by the Board, any pending investigation or disciplinary proceeding shall be closed upon acceptance of the licensee's resignation under subsection (2) above.

(5) Formal acceptance by the Board of a resignation is not required unless the licensee is currently or has been the subject of a complaint or disciplinary investigation.

Or. Admin. Code § 801-010-0115

AB 2-1996, f. & cert. ef. 9-25-96; BOA 6-1999, f. 12-21-99, cert. ef. 1-1-00; BOA 4-2001, f. 12-28-01, cert. ef. 1-1-02; BOA 3-2002, f. 12-27-02, cert. ef. 1-1-03; BOA 4-2003, f. 12-23-03 cert. ef. 1-1-04; BOA 2-2008, f. 12-30-08, cert. ef. 1-1-09; BOA 3-2010, f. 12-15-10, cert. ef. 1-1-11; BOA 3-2011, f. 12-28-11, cert. ef. 1-1-12; BOA 1-2017, f. & cert. ef. 1/4/2017; BOA 1-2019, amend filed 12/19/2019, effective 1/1/2020

Statutory/Other Authority: ORS 670.310 & 673.410

Statutes/Other Implemented: ORS 673.410