It took years of determination and drive to earn your degree and even more perseverance to obtain your certified public accountant's license. This credential is the key to your livelihood, so if there is a threat to your license, you must fight to keep it. If a client, a coworker, or a member of the public files a formal complaint about you with the state of Oklahoma, it can wreak havoc on your career. The state can institute disciplinary action and take your CPA license away. There is a lot at risk, so even if an accusation of wrongdoing seems trivial, you should not ignore it. You need to defend yourself, and the best way to fight for your license and your vocation is by having a skilled and knowledgeable law firm in your corner.
The Lento Law Firm and its Professional License Defense Team are all set to guide you through Oklahoma's disciplinary process, which can be stressful and hard to understand. The team has vast experience helping CPAs and other service professionals who face allegations of misconduct. An attorney from the Professional License Defense Team is ready to meet with you to hear your version of events and answer your questions. The attorney will explain what will happen with the case, discuss your options, and strive to reach the best possible outcome. Experience is important, and the Lento Law Firm knows what to do. The firm can help no matter where you are in Oklahoma. The Lento Law Firm and its Professional License Defense Team can help if you are in Enid, Muskogee, Oklahoma City, Tulsa, or anywhere else in the state, or anywhere else in the country. Get in touch with us at 888-535-3686 or use this online form to contact us.
CPA Licensing in Oklahoma
The Oklahoma Accountancy Board handles the licensing process for CPAs in the state. Anyone who wishes to obtain a license must first pass the Uniform CPA Exam. To take the exam, an individual has to apply and meet certain eligibility requirements since Oklahoma aims to protect consumers by regulating the practice of accounting. Anyone who provides false eligibility information to the board in order to take the exam will be subject to disciplinary action. Further, applicants seeking exam approval must undergo a criminal background check. The check determines whether the applicant has committed an offense that would prevent them from holding a license. Oklahoma maintains a rather large list of offenses that prevent licensure. The list includes, for example:
- Assault and battery;
- Blackmail;
- Bribery;
- Failure to provide for a child;
- Fraudulent insurance claims;
- Human trafficking;
- Identity theft;
- Murder and manslaughter;
- Perjury; and
- Theft or destruction of records.
Exam applicants must disclose to the board whether they have ever been arrested, charged with a crime, pled guilty or no contest to a crime, or been convicted. They must also disclose whether they have ever had a CPA license or other professional credential canceled, revoked, or suspended. If an applicant makes one of these disclosures, they must attach a written explanation.
When an applicant has been convicted of, or pled guilty or no contest to, a crime that is on the board's list of disqualifying offenses, they must provide documentation about the charges as well as the court's final judgment in the case. The board might approve an application that discloses a criminal history. The board will look at the nature of the crime, how much time has elapsed, and other relevant factors. If the board believes conditional approval would protect the public, it may negotiate with the applicant for a consent order. The order will outline the terms and conditions for application approval.
If someone with a criminal history is interested in obtaining a CPA license but is concerned that a past offense may prevent licensure, Oklahoma allows them to find out in advance. This process allows an individual to learn whether the time and expense of pursuing a CPA license will be worthwhile. The individual can submit a criminal history eligibility form and attach a copy of their criminal record along with an explanation of what happened and the sentence imposed. The individual can include a statement discussing their current circumstances and what has changed since the conviction. They can also submit evidence of their rehabilitation, as well as statements from references. The board will review the request and make an initial determination based on the information provided. The board's determination will set forth whether the individual appears eligible for licensure or whether there is a disqualifying offense. In some situations, the board will discuss actions the person may take to remedy what appears to be a temporary disqualification.
Applying for a CPA License in Oklahoma
Once an individual has passed the exam, they can apply to the board for a CPA license. As part of the process, an applicant must take the American Institute of Certified Public Accountants' professional ethics class. The course covers the ethical principles that are necessary for maintaining honesty, objectivity, and professional conduct in the accounting field.
The board will issue a CPA license to an individual of good character. An individual of good character is someone who does not have a history of dishonest acts and has not been convicted of, or pled guilty or no contest to, a felony. The board can refuse to issue a license to someone who does not meet this requirement. If this is the case, the board will notify the license applicant, who can appeal the decision.
Once licensed, a CPA must take continuing professional education classes and register with the board. A CPA must also renew their license every year. If a CPA does not renew their license within 30 days of its expiration date, the license is automatically revoked.
Standards of Practice for CPAs in Oklahoma
Licensed CPAs in Oklahoma have a duty to follow state and federal laws as well as the American Institute's Rules of Professional Conduct. The rules are based on the idea that members of both the public and business community rely on professional competence in accountancy. The rules are intended to enforce a CPA's obligations to improve professional skills, keep client affairs confidential, follow generally accepted accounting principles, and promote sound financial reporting. For example, the rules provide that a CPA should:
- Use professional judgment to identify possible conflicts of interest;
- Refrain from knowingly misrepresenting facts;
- Perform professional services competently;
- Exercise care in the performance of projects; and
- Acquire enough relevant data to afford a reasonable basis for conclusions and recommendations.
The rules also state that a CPA should not act in a way that discredits the accounting profession. Acts that can discredit the profession include:
- Engaging in employment discrimination or harassment;
- Soliciting or disclosing CPA exam questions and answers;
- Failing to file a tax return or pay an owed tax;
- Negligently preparing financial statements;
- Making false, misleading, or deceptive statements to market professional services; and
- Taking an employer's client files or proprietary information without permission upon the termination of employment.
Oklahoma law provides additional standards that CPAs must follow. The state says an accounting firm name cannot contain words, abbreviations, or other language that is misleading or may cause confusion as to the legal form or ownership of the business. In addition, Oklahoma prohibits a CPA from engaging in professional misconduct. The state considers the following acts to be professional misconduct:
- Violating or attempting to violate a state law governing accountancy;
- Committing a criminal act that reflects poorly on a CPA's integrity, trustworthiness, or fitness to practice;
- Participating in conduct involving dishonesty, fraud, deceit, misrepresentation, or the omission of a known material fact;
- Engaging in a pattern of repeated offenses, even minor ones, including those showing disregard for Oklahoma's laws governing accountancy;
- Stating or implying the ability to influence a government agency or official; and
- Receiving a censure, suspension, cancellation, or revocation from a state or federal agency regarding the right to practice before that agency.
Further, Oklahoma law says the board may penalize a CPA for the following acts:
- Fraud or deceit in obtaining a license;
- Dishonesty, fraud, or gross negligence in accountancy or related financial work;
- Conviction, plea of guilty, or plea of no contest to a felony in any state or federal court if the acts involved would have constituted a felony in Oklahoma;
- Conviction, plea of guilty, or plea of no contest in any jurisdiction to a misdemeanor involving dishonesty or fraud if the acts involved would have constituted a misdemeanor in Oklahoma; and
- Violation of any provision of Oklahoma law on accountancy.
If the board finds that a CPA has engaged in wrongdoing and takes disciplinary action, it only acts against the individual's license. The board does not award money or bring criminal charges. The board's interest is administrative, so it does not act within the civil or criminal court system.
Complaints Against CPAs in Oklahoma
In Oklahoma, anyone can file a complaint against a CPA. A business associate, a customer, or a member of the public can make a complaint. The filing party must identify themselves and explain to the board why they believe the CPA has committed wrongdoing. The filing party can attach documents that support their claim. The complaint must also list the names of anyone else who has a direct interest in the claim or has relevant information about it. The board will review the complaint and may take any of the following actions:
- End the matter because there is insufficient evidence, or no violation occurred;
- Attempt an informal resolution of the case;
- Conduct an investigation;
- Move toward a hearing on the case; or
- Hold off on the matter until receiving the results of an investigation or hearing by another state or federal agency.
If you are the subject of a complaint or believe you will be, do not try to take care of it yourself, and do not hesitate. Time is of the essence since board proceedings move quickly. The board follows time periods that are set by state law. You need skilled legal representation since your license may be on the line. The Lento Law Firm and its Professional License Defense Team have the necessary experience to combat allegations of misconduct. The team knows what to do.
If the board investigates an alleged violation, the information it obtains will remain confidential. If the board decides to hold a hearing on the complaint, it will notify the CPA, who will have the chance to defend against the accusations. Alternatively, the CPA can waive the right to a hearing and instead resolve the matter through a stipulation, settlement, or consent order. Note that the hearing record will be available to the public.
Disciplinary Penalties Against CPAs in Oklahoma
If, after a hearing, the board finds that a CPA committed misconduct, it can take several disciplinary steps. The board can:
- Revoke a license;
- Suspend a license for no more than five years;
- Issue a reprimand;
- Place a licensee on probation;
- Limit a CPA's scope of practice;
- Require successful completion of continuing professional education classes;
- Impose a fine not to exceed $10,000 for each separate offense; and
- Require the individual to pay the board's costs.
An individual can seek a rehearing from the board or ask for reconsideration of the decision. An individual can also appeal the board's decision, which involves moving the matter into the civil court system. However, there are time limits for these challenges to the board's decision. The best way to proceed is to have an experienced, informed attorney from the Lento Law Firm on your side from the start.
Hire The Lento Law Firm for Professional License Defense in Oklahoma
Sometimes, in spite of your best efforts, someone can become disgruntled and file a complaint about you with the board. If this happens, you need to be proactive and defend yourself because your occupation and reputation are at stake. The Lento Law Firm and its Professional License Defense Team will go all out for you. The team can help you anywhere in Oklahoma. From Norman to Stillwater to Tishomingo, the Lento Law Firm is your best choice for legal representation. Call 888-535-3686 and tell us about your case, or get in touch through this online form.
