New Mexico Register / Volume
XXXII, Issue 22 / November 30, 2021
This is an
amendment to 16.60.3 NMAC, Sections 9, 12, 14 and 15, effective 12/12/2021.
16.60.3.9 INITIAL
CERTIFICATE/LICENSE REQUIREMENTS:
A. An applicant for initial
certification/licensure shall demonstrate to the board's satisfaction that he:
(1) [is of good moral character and]
lacks a history of dishonest or felonious acts;
(2) meets the education, experience and
examination requirements of the board; and
(3) passes the American institute of
certified public accountants ethics examination with a score of ninety percent
or higher.
B. [Moral character requirements]
Integrity requirement: The board
may assess [moral character requirements] integrity based upon
applicant-provided [character] references and background checks to
determine an applicant's history of dishonest or felonious acts. The board may request the presence at a board
meeting of an applicant for whom it has unanswered questions.
C. Criminal history background
check: Pursuant to Section 61-28B-8.1 of
the act, all applicants for initial issuance or reinstatement of a certificate
and license in New Mexico shall be required to be fingerprinted to establish
positive identification for a state and federal criminal history background
check. Applicants can submit
fingerprints through the board approved live scan location prescribed by the
New Mexico Department of Public Safety (DPS).
(1) The applicant will register online, through the approved live scan
website, with the board’s Originating Agency Identification (ORI) number and
make payment with registration. After
the process is complete, the applicant will receive a registration confirmation.
(2) The applicant shall take their
registration confirmation to an approved live scan facility and conduct the
electronic fingerprinting process.
(3) Results will be sent to the board
electronically. The board shall not
issue a certificate or license until the applicant’s background check has been
successfully completed.
(4) Out-of-State applicants, who are
unable to visit an approved live scan fingerprinting facility, may follow the
same registration process and submit a hardcopy fingerprint card to the
approved live scan facility. The results
will be sent to the board electronically.
The board shall not issue a certificate or license until the applicant’s
background check has been successfully completed.
D. Education and examination
requirements: Education and examination
requirements are specified in Section 8 of the act and are further delineated
in Part 2 of board rules. An applicant
who has passed the uniform CPA examination prior to July 1, 2004, is exempt
from the 150-semester-hour requirement.
E. Experience required:
Applicants documenting their required experience for issuance of an
initial certificate pursuant to Subsection H of Section 7 of the act, and after
July 1, 2004 Subsection H of Section 8 of the act shall:
(1) provide
documentation of experience in providing any type of services or advice using
accounting, attest, management advisory, financial advisory, tax or consulting
skills; acceptable experience shall include experience gained through
employment in industry, government, academia or public practice;
(2) have
their experience verified by an active, licensed CPA as defined in the act or
by an active, licensed CPA from another state; the board shall consider and
evaluate factors such as complexity and diversity of the work in determining
acceptability of experience submitted:
(a) one
year of experience or it’s 2,000 hour equivalent shall consist of full or
part-time employment that extends over a period of no more than three years and
includes no fewer than 2,000 hours of performance of services described above;
(b) the
CPA verifying an applicant’s experience must be employed by, or a consultant
to, or provide professional services to, the same organization as the
applicant;
(c) experience
documented in support of an initial application must be obtained within the
seven years immediately preceding passing of the examination or within seven
years of having passed the examination upon which the application is based;
this does not apply to applicants who qualified and sat for the examination during
or prior to the November 2001 administration;
(d) any
licensee requested by an applicant to submit evidence of the applicant’s
experience and who has refused to do so shall, upon request of the board,
explain in writing or in person the basis for such refusal; the board may
require any licensee who has furnished evidence of an applicant’s experience to
substantiate the information;
(e) the
board may inspect documentation relating to an applicant’s claimed experience;
any applicant may be required to appear before the board or its representative
to supplement or verify evidence of experience.
F. Certificate and license
issuance: upon receipt of a complete
application packet and successful completion of a fingerprint background check
[that revealed no arrests], board staff are authorized to approve and
issue a certificate and license to an applicant for whom no licensing issues
are present. Pursuant to Section I of
16.60.2.13 NMAC, uniform CPA examination scores must be approved by the board’s
administrative staff prior to the issuance of a certificate and license to an
applicant who sat for the uniform CPA examination as a New Mexico candidate.
G. Swearing
in ceremony: Every new licensee must participate
in a swearing in ceremony before the board within one year from the date of the
issuance of the initial license.
Swearing in ceremonies may be held two times per year in locations to be
determined by the board or the board’s administrative staff. Upon good cause presented in writing prior to
the expiration of the one-year period of initial licensure, the board may
extend the period for being sworn in or arrange an alternate method for the
licensee to be sworn in. If an extension
for good cause is granted, the licensee shall arrange with the board’s
administrative staff to present him or herself for swearing in before the board
within the time prescribed by the board.
Failure to appear at a swearing in ceremony before the board may result
in the imposition of a fine or other disciplinary action, as deemed appropriate
by the board.
H. Replacement
wall certificates and licenses to practice:
Replacement wall certificates and licenses to practice may be issued by
the board in appropriate cases and upon payment by the CPA or RPA of the fee as
set by the board. A certificate/license
holder is specifically prohibited from possessing more than one wall
certificate and more than one license to practice as a CPA or RPA. When a replacement wall certificate or
license to practice is requested, the certificate/license holder must return
the original certificate/license or submit a [notarized affidavit] statement
describing the occurrence that necessitated the replacement certificate or
license.
I. Renewal
requirements: Certificates/licenses for
individuals will have staggered expiration dates based on the individual's
birth month. Deadline for receipt of
certificate/license renewal applications and supporting continuing professional
education affidavits or reports is no later than the last day of the CPA or RPA
certificate/license holder's birth month or the next business day if the
deadline date falls on a weekend or holiday.
(1) The
board may accept a sworn affidavit as evidence of certificate/license holder
compliance with CPE requirements in support of renewal applications.
(2) Renewal
applications and CPE reports received after prescribed deadlines shall include
prescribed delinquency fees.
(3) Applications
will not be considered complete without satisfactory evidence to the board that
the applicant has complied with the continuing professional education
requirements of Subsection E of Sections 9 and Subsection A of Section12 of the
act and of these rules.
(4) The
board shall send renewal application notices no less than 30 days prior to the
renewal deadline.
J. [Expedited
licensure/ certification by reciprocity for military spouses licensed in
another jurisdiction:] The purpose of this part is to expedite licensure
for military service members, their spouses, their dependent children and for
veterans pursuant to Section 61-1-34 NMSA 1978.
(1) [If
a military service member, the spouse of a military service member, or a recent
veteran submits an application for a license or certification and is a
qualified applicant pursuant to this part, the board shall expedite the
processing of such application and issue the license as soon as
practicable. The terms “military service
member” and “recent veteran” are defined in the Uniform Licensing Act, NMSA
1978, Section 61-1-34. Any qualified
veteran applicant seeking expedited licensure pursuant to this section shall
submit a copy of form DD214, Certificate of Release or Discharge from Active
Duty, with the application.] Applications for registration shall
be completed on a form provided by the board.
(2) The
applicant shall provide a complete application that includes the following information:
(a) applicant’s full name;
(b) current mailing address;
(c) current electronic mail address, if
any;
(d) date of birth;
(e) background check, if required; and
(f) proof as described in subsection (3)
below.
(3) The
applicant shall provide the following satisfactory evidence as follows:
(a) applicant is currently licensed and
in good standing in another jurisdiction, including a branch of the United
States armed forces;
(b) applicant has met the minimal
licensing requirements in that jurisdiction and the minimal licensing
requirements in that jurisdiction are substantially equivalent to the licensing
requirements for New Mexico; and
(c) the following documentation:
(i) for military service member: copy of military orders;
(ii) for spouse of military service
members: copy of military service member’s
military orders, and copy of marriage license;
(iii) for spouses of deceased military
service members: copy of decedent’s DD
214 and copy of marriage license;
(iv) for dependent children of military
service members: copy of military service member’s orders listing dependent
child, or a copy of military orders and one of the following: copy of birth certificate, military service
member’s federal tax return or other governmental or judicial documentation
establishing dependency;
(v) for veterans (retired or
separated): copy of DD 214 showing proof
of honorable discharge.
(4) The
license or registration shall be issued by the board as soon as practicable but
no later than thirty days after a
qualified military service member, spouse, dependent child, or veteran files a
complete application and provides a background check if required for a license, and any required fees.
(5) Military
service members and veterans shall not pay and the board shall not charge a licensing
fee for the first three years for a license issued pursuant to this rule.
(6) A license issued
pursuant to this section shall be valid for the time period that is specified in
the Act.
[(2)] (7) A license issued pursuant to this section
shall not be renewed automatically, and shall be renewed only if the licensee
satisfies all requirements for the issuance and renewal of a license pursuant
to the 1999 Public Accountancy Act, including Section 61-28B-9 NMSA 1978 and
Subsection I of 16.60.3.9 NMAC.
(8) As
a courtesy, the board, will send via electronic mail license renewal
notifications to licensees or registrants before the license expiration date to
the last known email address on file with the board. Failure to receive the
renewal notification shall not relieve the licensee or registrant of the
responsibility of timely renewal on or before the expiration date.
[16.60.3.9 NMAC - Rp
16 NMAC 60.4.8.2 & 16 NMAC 60.4.8.3, 2/14/2002; A, 1/15/2004; A, 6/15/2004;
A, 12/30/2004; A, 4/29/2005; A, 7/29/2005; A, 11/30/2007; A, 6/30/2008; A,
2/27/2009; A, 1/17/2013; A, 12/1/2014;A, 9/15/2015; A, 10/1/2020; A,
12/12/2021]
16.60.3.12 REINSTATEMENT REQUIREMENTS:
A. Requests to reinstate a certificate/license that lapsed
or expired as a result of non-renewal shall meet all board prescribed
requirements for reinstatement including the current year’s renewal fee and
continuing professional education. An
individual whose certificate/license has been subject to board disciplinary
action pursuant to the Uniform Licensing Act, Sections 61-1-1 to 61-1-31 NMSA
1978, may, upon application in writing and for good cause, request
reinstatement of the certificate/license after completion of all requirements
contained in the board’s original order or agreement.
B. A reinstatement application pursuant to Section 21 of the
act and this rule will be processed by the board upon the basis of the
materials submitted in support thereof and supplemented by such additional
inquiries as the board may require. Upon
receipt of a complete reinstatement application packet and successful
completion of a fingerprint background check [that revealed no arrests],
board staff are authorized to reinstate a certificate and license to an
applicant for whom no licensing issues are present. If the individual has not held an active
license in any jurisdiction within the five years preceding the date of
application for reinstatement, the approval of the board will be required. For reinstatement of a certificate/license, a
hearing may be held, and the board may, at its discretion, impose terms and
conditions on an application following procedures the board may find suitable
for the particular case.
C. The reinstatement request shall set out in writing the
reasons constituting good cause for the relief sought and shall be accompanied
by at least two supporting recommendations, under oath, from practitioners who
have personal knowledge of the activities of the applicant since board
disciplinary action was imposed. In
considering a reinstatement application, the board may consider all activities
of the applicant since the disciplinary action from which relief is sought was
imposed; the offense for which the applicant was disciplined; the applicant’s
activities during the time the certificate/license was in good standing; the
applicant’s rehabilitative efforts; restitution to damaged parties in the
matter for which the penalty was imposed; and the applicant’s general
reputation for trust and professional probity.
D. No application for reinstatement will be considered while
the applicant is under sentence for any criminal offense, including any period
during which the applicant is on court-imposed probation or parole.
[16.60.3.12 NMAC -
Rp 16 NMAC 60.4.11, 2/14/2002; A, 12/30/2005; A, 1/17/2013; A 10/1/2020; A,
12/12/2021]
16.60.3.14 SUBSTANTIAL EQUIVALENCY/INTENT
TO PRACTICE REQUIREMENTS:
A. Effective
B. The board may
rely on NASBA, AICPA, or other professional bodies approved as acceptable to
the board to provide qualification appraisal in determining whether an
applicant's qualifications are substantially equivalent to New Mexico's
requirements.
C. A person exercising
the practice privilege afforded by Section 26 of the act shall be deemed to
have:
(1) submitted
to the personal and subject matter jurisdiction and disciplinary authority of
the board;
(2) agreed
to full compliance with the act and related board rules; and
(3) consented
to appointment of the state board that issued the license as agent upon whom
process may be served in an action or proceeding by the New Mexico public
accountancy board against the licensee.
D. A person
exercising the practice privilege afforded by Section 26 of the act shall cease
offering or rendering professional attest services in New Mexico in the event
the license from the state of the person’s principal place of business is no
longer valid.
E. An individual
who qualifies for practice privileges pursuant to Section 26 of the act may
offer or render professional services whether in person or by mail, telephone,
or electronic means without the need to notify the board or remit a fee.
F. Pursuant to the
Uniform Accountancy Act, an individual entering into an engagement to provide
professional services via a web site pursuant to Section 23 shall disclose, via
any such web site, the individual’s principal state of licensure, license
number, and an address as a means for regulators and the public to contact the
individual regarding complaints, questions, or regulatory compliance.
G. Reporting [moral
character] integrity violations.
(1) Any
individual using practice privileges in New Mexico shall notify the board
within 30 days of any occurrence described in board rule Subsection B of 16.60.5.11
NMAC.
(2) Any
licensee of New Mexico using practice privileges in another state shall notify
the New Mexico board and the state board of any other state in which said licensee
uses practice privileges within 30 days of any occurrence described in board
rule Subsection B of 16.60.5.11 NMAC, which includes Subsection A of 16.60.5.14
NMAC.
[16.60.3.14 NMAC -
N, 2/14/2002; A, 7/30/2004; A, 7/29/2005; A, 6/30/2008; A, 1/17/2013; A,
12/12/2021]
16.60.3.15 CONTINUING
PROFESSIONAL EDUCATION (CPE) REQUIRED TO OBTAIN OR MAINTAIN AN
"ACTIVE" CPA LICENSE:
A. The following requirements of continuing professional
education apply to certificate/license renewals and reinstatements pursuant to
Subsection E of Sections 9 and Subsection A of Section 12 of the act. An applicant for certificate/license renewal
shall show completion of no less than 120 clock hours of CPE, complying with
these rules during the 36-month period ending on the last day of the
certificate/license holder's birth month.
(1) Any
applicant seeking a license/certificate or renewal of an existing license shall
demonstrate participation in a program of learning meeting the standards set
forth in the statement on standards for continuing professional education (CPE)
programs jointly approved by NASBA and AICPA or standards deemed comparable by
the board. An initial license is the
first license issued to an individual.
CPE reporting will begin on the first day following the licensee’s
initial expiration date (birth month) for license renewal. No CPE will be required for the period
between issue date and first expiration date (birth month).
(2) Each
person holding an active CPA certificate/license issued by the board shall show
completion of no less than 120 hours of continuing professional education
complying with these rules during the preceding 36-month period ending on the
last day of the certificate/license holder's birth month, with a minimum of 20
hours completed in each reporting year. For any CPE
reporting period which begins on or after January 1, 2010, continuing
professional education must include a minimum of four hours of ethics education
during the 36-month period after January 1, 2010. Licensees
shall report CPE completion on board prescribed forms including a signed
statement indicating they have met the requirements for participation in the
CPE program set forth in board rules.
(3) The
board may, at its discretion, accept a sworn affidavit as evidence of
certificate/license holder compliance with CPE requirements in support of
renewal applications in lieu of documented evidence of such. Reciprocity and reinstatement applications
shall require documented evidence of compliance with CPE provisions.
(4) Deadline
for receipt of license renewal applications and supporting CPE reports or
affidavits is no later than the last day of the certificate/license holder's
birth month. Renewal applications and
supporting CPE affidavits or reports shall be postmarked or hand-delivered no
later than the renewal deadline date or the next business day if the deadline
date falls on a weekend or holiday.
(5) In
the event that [a] renewal [applicant has] applicants have
not completed the requisite CPE by the renewal deadline, he [shall] may
provide a written explanation for failure to complete CPE and [shall also]
may submit a written request for an extension for completion of the
required CPE prior to license expiration date.
(a) The
approval of an extension request is not automatic. The board has the discretion to grant or deny
a request.
(b) The
request for extension shall include documentation of the extenuating
circumstances that prevented him from completing the CPE. A written plan of action to remediate the
deficiency must accompany the renewal application and extension request.
(c) If
a request for extension is received in the board office after the expiration
date of the license, the license shall be renewed, and the file shall be
referred to the board for possible disciplinary action.
(d) An
extension up to 60 days beyond the expiration date of the license may be
granted by board staff; extenuating circumstances beyond the control of the
licensee necessitating an extension beyond 60 days requires the approval of the
board. [Failure to complete the
required CPE within the extension period shall result in disciplinary action
against the licensee.]
(e) The
board may waive [this] a fine for good cause or require
community service acceptable to the board.
(f) If
all CPE requirements are not met [within 90 days beyond the] by the
expiration date of the license or granted extension date, the license
shall be subject to [cancellation] disciplinary action.
(6) Renewal
applications and CPE reports received after prescribed deadlines shall include
prescribed delinquency fees.
(7) Applications
will not be considered complete without satisfactory evidence to the board that
the applicant has complied with the CPE requirements of Subsection E of
Sections 9 and Subsection A of Section 12 of the act and of these rules.
(8) Reinstatement
applicants whose certificates/licenses have lapsed shall provide documented
evidence of completion of 40 hours of CPE for each year the certificate/license
was expired, not to exceed 200 hours. If
the license was expired for longer than 36 months, at least 120 of the hours
must have been earned within the preceding 36 months. For any post-2009 year for which the
certificate/license was expired, the continuing professional education must
include a minimum of four hours of ethics education during the 36 months
preceding reinstatement.
(a) The
length of expiration shall be calculated from the date the license expired to
the date the application for reinstatement was received by the board office.
(b) If
the license was expired for less than one year, documented evidence of 40 hours
of CPE earned within the 12 months immediately preceding the date of application
for reinstatement must be provided.
(c) If
the license was expired for longer than one year, for the purpose of
determining the number of CPE hours required, the length of expiration shall be
rounded down to the last full year if the partial year was less than six months
and rounded up to the next full year if the partial year was more than six
months.
B. Exemption from CPE requirements through change of
certificate/license status between inactive/retired and active status.
(1) Licensees
granted an exception by the board must place the word “inactive” adjacent to
their CPA title on any business card letterhead, or any other document or
device, with the exception of their CPA certificate, on which their CPA title
appears. Licensees granted the exception
who are at least 55 years of age may replace “inactive’ with “retired”. Any of these terms must not be applied in
such a manner that could likely confuse the public as to the current status of
the licensee.
(2) Licensees
granted the use of “inactive” or “retired” may volunteer their time to
nonprofit or governmental organizations, to the extent provided in the
statute. Licensees may not be
compensated for such volunteer work other than through reimbursement of actual
expenses.
(3) Licensees
have the responsibility to maintain professional competence relative to the
volunteer services they provide even though exempt from specific CPE
requirements of 16.60.3.15 NMAC.
C. Persons
requesting to change from "inactive" or "retired" to
"active" certificate/license status shall:
(1) complete
board-prescribed change-of-status forms and remit related fees; and
(2) provide
documented evidence of 40 hours of CPE for each year the certificate/license
was inactive, not to exceed 200 hours; if the license was inactive for longer
than 36 months, at least 120 of the hours must have been earned within the
preceding 36 months. For any post-2009
year for which the certificate/license was inactive, the continuing professional
education must include a minimum of four hours of ethics education during the
36 months preceding application for change of status to “active”.
(3) If
an individual has not held an active license within five years preceding the
date of the application for “change of status”, the approval of the board will
be required.
D. Hardship
exceptions: The board may make
exceptions to CPE requirements for reason of individual hardship including
health, military service, foreign country residence, or other good cause. Requests for such exceptions shall be subject
to board approval and presented in writing to the board. Requests shall include such supporting
information and documentation as the board deems necessary to substantiate and
evaluate the basis of the exception request.
E. Programs
qualifying for CPE credit: A program
qualifies as acceptable CPE for purposes of Subsection E of Sections 9 and
Subsection A of Section 12 of the act and these rules if it is a learning
program contributing to growth in professional knowledge and competence of a licensee. The program must meet the minimum standards
of quality of development, presentation, measurement, and reporting of credits
set forth in the statement on standards for continuing professional education
programs jointly approved by NASBA and AICPA, by accounting societies
recognized by the board, or such other standards deemed acceptable to the
board.
(1) The
following standards will be used to measure the hours of credit to be given for
acceptable CPE programs completed by individual applicants:
(a) an
hour is considered to be a 50-minute period of instruction;
(b) a
full one day program will be considered to equal eight hours;
(c) only
class hours or the equivalent (and not student hours devoted to preparation)
will be counted;
(d) one-half
credit increments are permitted after the first credit has been earned in a
given learning activity;
(e) Nano-learning
– The credit to be earned for a single nano-learning program is one
fifth-credit. Only a total of eight CPE
credit hours can be reported in a three year reporting cycle using
nano-learning credits.
(f) For
blended learning programs included in rule 16.60.3.15, the CPE credit must
equal the sum of the CPE credit determination for the various completed
components of the program.
(g) for
reporting periods on or after January 1, 2010, acceptable ethics topics may
include, but are not limited to, instruction focusing on the AICPA code of
professional conduct, the New Mexico occupational and professional licensing
code of professional conduct applicable to certified public accountants,
Treasury Circular 230, malpractice avoidance, organization ethics, [moral
reasoning] integrity, and the duties of the CPA to the public,
clients, and colleagues; ethics hours may be earned as part of any professional
development program otherwise qualifying under this rule, provided the ethics
content and the time devoted to such content are separately identifiable on the
program agenda.
(2) Service
as a lecturer, discussion leader, or speaker at continuing education programs
or as a university professor/instructor (graduate or undergraduate levels) will
be counted to the extent that it contributes to the applicant’s professional
competence in accountancy.
(3) Credit
as a lecturer, discussion leader, speaker, or university professor/instructor
may be allowed for any meeting or session provided that the session would meet
the continuing education requirements of those attending.
(4) Credit
allowed as a lecturer, discussion leader, speaker or university
professor/instructor will be on the basis of one hour of preparation and one
hour for each hour of presentation.
Credit for subject preparation may only be claimed once for the same
presentation.
(5) Authors
of published articles, books and other publications may receive credit for
their research and writing time to the extent it maintains or improves their
accountancy professional competence. For
the author to receive CPE credit the article, book or CPE program must be
formally reviewed by an independent subject matter expert or reviewed and
approved by the board. Not more than
fifty percent of the total CPE credits required for the CPE reporting period
can be claimed for author CPE credit.
The board will determine the amount of credit awarded.
(6) Credit
allowed under provisions for a lecturer, discussion leader, speaker at
continuing education programs, or university professor/instructor or credit for
published articles and books may not exceed one half of an individual’s CPE
requirement for a three year reporting period (shall not exceed 60 hours of CPE
credit during a 3-year reporting period).
(7) For
a continuing education program to qualify under this rule, the following
standards must be met:
(a) an
outline of the program is prepared in advance and preserved;
(b) the
program is at least one hour in length;
(c) a
qualified instructor conducts the program; and
(d) a
record of registration or attendance is maintained.
(8) The
following programs are deemed to qualify, provided the above are met:
(a) professional
development programs of recognized national and state accounting organizations;
(b) technical
sessions at meetings of recognized national and state accounting organizations
and their chapters; and
(c) no
more than four hours CPE annually may be earned for board meeting attendance.
(9) University
or college graduate-level courses taken for academic credit are accepted. Excluded are those courses used to qualify
for taking the CPA exam. Each semester
hour of credit shall equal 15 hours toward the requirement. A quarter hour credit shall equal 10 hours.
(10) Non-credit
short courses - each class hour shall equal one hour toward the requirement and
may include the following:
(a) formal,
organized in-firm educational programs;
(b) programs
of other accounting, industrial, and professional organizations recognized by
the board in subject areas acceptable to the board;
(c) formal
correspondence or other individual study programs which require registration
and provide evidence of satisfactory completion will qualify with the amount of
credit to be determined by the board.
(11) The
board may look to recognized state or national accounting organizations for
assistance in interpreting the acceptability of the credit to be allowed for
individual courses. The board will
accept programs meeting the standards set forth in the NASBA CPE registry,
AICPA guidelines, NASBA quality assurance service, or such other programs
deemed acceptable to the board.
(12) For
each three year reporting period, at least 96 of the hours reported shall be
courses, programs or seminars whose content is in technical fields of
study. Technical fields of study are
technical subjects that contribute to the maintenance and improvement of the
competence of a CPA in the profession of accountancy and that directly relate
to the CPA’s field of business.
Definitions of technical fields of study and non-technical fields of
study can be found in section 16.60.1.17 NMAC.
(13) Effective for CPE reporting periods ending on or after July 31, 2007,
for each three year reporting period, at least 24 of the hours reported shall
not include CPE sponsored by the licensee’s firm, agency, company, or
organization but may include all methods of CPE delivery, provided that each
hour meets the standards specified in paragraphs (1) through (10) of this
Subsection.
(14) For
each three year reporting period, credit will be allowed once for any single
course, program or seminar unless the individual can demonstrate that the
content of such course, program or seminar was subject to substantive technical
changes during the reporting period.
F. Programs not
qualifying for CPE:
(1) CPA
examination review or “cram” courses;
(2) industrial
development, community enhancement, political study groups or similar courses,
programs or seminars;
(3) courses,
programs or seminars that are generally for the purpose of learning a foreign
language;
(4) partner,
shareholder or member meetings, business meetings, committee service, and
social functions unless they are structured as formal programs of learning
adhering to the standards prescribed in this rule.
G. Continuing
professional education records requirements:
When applications to the board require evidence of CPE, the applicants
shall maintain such records necessary to demonstrate evidence of compliance
with requirements of this rule.
(1) Reinstatement
and reciprocity applicants shall file with their applications a signed report form
and statement of the CPE credit claimed.
For each course claimed, the report shall show the sponsoring
organization, location of program, title of program or description of content,
the dates attended, and the hours claimed.
(2) Responsibility
for documenting program acceptability and validity of credits rests with the
licensee and CPE sponsor. Such
documentation should be retained for a period of five years after program
completion and at minimum shall consist of the following:
(a) copy
of the outline prepared by the course sponsor along with the information
required for a program to qualify as acceptable CPE as specified in this rule;
or
(b) for
courses taken for scholastic credit in accredited universities and colleges, a
transcript reflecting completion of the course.
For non-credit courses taken, a statement of the hours of attendance,
signed by the instructor, is required.
(3) Institutional
documentation of completion is required for formal, individual
self-study/correspondence programs.
(4) The
board may verify CPE reporting information from applicants at its
discretion. Certificate
holders/licensees or prospective certificate holders/licensees are required to
provide supporting documentation or access to such records and documentation as
necessary to substantiate validity of CPE hours claimed. Certificate holders/licensees are required to
maintain documentation to support CPE hours claimed for a period of five years
after course completion/CPE reporting.
Should the board exercise its discretion to accept an affidavit in lieu
of a CPE report, the board shall audit certificate/license holder CPE rules
compliance of no less than 10 percent of active CPA/RPA licensees annually.
(5) In
cases where the board determines requirements have not been met, the board may
grant an additional period of time in which CPE compliance deficiencies may be
removed. Fraudulent reporting is a basis
for disciplinary action.
(6) An
individual who has submitted records of completion, or a sworn affidavit on
their renewal application as evidence of compliance with CPE requirements and
is found, as the result of a random audit, not to be in compliance will be
subject to a minimum $250.00 fine and any other penalties deemed appropriate by
the board as permitted by Subsection B of Section 20 of the act.
(7) The
sponsor of a continuing education program is required to maintain an outline of
the program and attendance/registration records for a period of five years
after program completion.
(8) Licensees
reporting of CPE must document their participation and retain evidence for a
period of five years after course completion. Documentation and/or evidence
must include, at minimum:
(a) sponsor
name and identification number;
(b) title
and description of content;
(c) date(s)
of completion;
(d) location;
(e) number
of credit hours; and
(f) name
of the registered licensee who completed the course.
(9) The
board may, at its discretion, examine certificate holder/licensee or CPE
sponsor documentation to evaluate program compliance with board rules. Non-compliance with established standards may
result in denial of CPE credit for non-compliant programs and may be a basis
for disciplinary action by the board for fraudulent documentation and representation
by a CPE sponsor or certificate holder/licensee of a knowingly non-compliant
CPE program.
[16.60.3.15 NMAC -
Rp 16 NMAC 60.6.6, 2/14/2002; A, 9/16/2002; A, 6/15/2004; A, 7/30/2004; A,
12/30/2004; A, 4/29/2005; A, 12/30/2005; A, 5/15/2006; A, 7/29/2007; A,
2/27/2009; A, 9/15/2010; A, 1/17/2013; A, 12/01/2014; A, 9/15/2015; A,
3/3/2017; A, 10/1/2020; A, 12/12/2021]