Tennessee Code Annotated

Title 62: Professions, Businesses and Trades

Chapter 1: Tennessee Accountancy Act of 1998

Part 1: General Provisions

TCA 62-1-105: Board officers -- Meetings -- Procedure -- Records -- Executive director -- Rules -- Promotion of improved accounting standards.

(a)  The board shall elect a chair, vice chair and secretary annually from its members. A quorum for the transaction of board business shall consist of a majority of the members. The board shall meet at such places within the state and at such times that are required for the proper administration of this chapter. Members of the board shall be given reasonable notice of each regular or special meeting of the board.

(b)  The board shall, by a vote of two-thirds (2/3) of its members, adopt rules of procedure governing the conduct of matters before the board. The board shall, before April 30 of each year, publish and make available a roster of all certified public accountants, all public accountants, all holders of valid permits to practice and all currently registered offices. The board may also publish from time to time reports on the activities of the board, including information it deems relevant to the public interest. The board shall maintain an accurate record of all proceedings before the board, including, but not limited to, minutes detailing what transpired and action taken at board meetings, records of all complaints received, whether oral or written and disposition of each complaint, specific reasons for denials of applicants to become certified or licensed and reasons for revocations, suspensions and other disciplinary actions taken by the board.

(c)  (1)  The board shall have an executive director, who shall be a certified public accountant with an active certificate in the state. The executive director shall be appointed by the board, and compensation for the executive director shall be established by the board. The board shall retain and establish the qualifications and compensation for investigators and other staff requiring professional qualifications. The executive director and all members of the board's staff requiring professional qualifications shall serve at the pleasure of the board. The board shall determine annually in advance its expenditures for equipment, peer review and other professional programs and participation in the activities of the National Association of State Boards of Accountancy. The expenditures so established, together with all other expenses of the board, shall be budgeted by the board not to exceed the fees received by the board, including the accrual of fees previously received. The commissioner of finance and administration shall inform the board annually, for budgeting purposes, the allocation of overhead to the board. The executive director of the board shall have an adequate staff, including part-time personnel, as determined by the board and shall be responsible for the daily operations of the board, including, but not limited to:

          (A)  Maintenance and security of all necessary records and files;

          (B)  Ensuring adequate meeting space for board meetings;

          (C)  Implementation of board policies and procedures;

          (D)   Informing the board as to state policies and procedures; and

          (E)  Any other matters delegated by the board.

     (2)  Any expenditure by the board under this section shall be subject to approval by the commissioner of finance and administration, pursuant to the board's annual budget submitted to the commissioner of commerce and insurance and approved by the commissioner of finance and administration.

(d)  The board may appoint committees from within or without the board, which shall be compensated in the manner provided in this chapter.

(e)  The board may adopt rules governing its administration and enforcement of this chapter and the conduct of licensees, including, but not limited to:

     (1)  Rules governing the board's meetings and the conduct of its business;

     (2)  Rules of procedure governing the conduct of investigations and hearings by the board;

     (3)  Rules specifying the educational and experience qualifications required for the issuance of certificates under § 62-1-107 and the continuing professional education required for renewal of certificates under § 62-1-107;

     (4)  Rules of professional conduct directed to controlling the quality and probity of services by licensees and dealing, among other things, with independence, integrity and objectivity, competence and technical standards, responsibilities to the public, and responsibilities to clients;

     (5)  Rules governing the manner and circumstances of use of the titles "certified public accountant" and "CPA";

     (6)  Rules regarding peer review that may be required to be performed under this chapter;

     (7)  Rules on substantial equivalence to implement § 62-1-117;

     (8)  Rules setting fees, including late fees, for examination, reexamination, certification, licensure, certificate renewal, licensure renewal, registration, registration renewal, peer review and other necessary fees; and

     (9)  Other rules that the board may deem necessary or appropriate for implementing the provisions and the purposes of this chapter.

(f)  The board shall join professional organizations and associations to promote the improvement of the standards of the practice of accounting and for the protection and welfare of the public. In order to be informed about the operations and practices of other boards of accountancy desiring reciprocal exchange and in order to be advised regarding the progress of accountancy throughout the country and to promote uniformity in the regulation of accountancy, the board, executive director and staff shall, at the discretion of the board, travel and attend national and regional meetings of the National Association of State Boards of Accountancy (NASBA) and other appropriate professional meetings at the expense of the board. Travel shall be subject to and in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.

History: [Acts 1980, ch. 518, § 5; 1984, ch. 676, § 5; 1989, ch. 443, § 3; 1992, ch. 960, §§ 1, 2; 1994, ch. 674, §§ 5, 6; 1995, ch. 424, § 1; 1998, ch. 700, §§ 2, 3; 1999, ch. 65, § 1; 2002, ch. 654, §§ 1-3.]