N.Y. Education Law § 7409: Mandatory continuing education

§ 7409. Mandatory continuing education. 1. a. Each certified public

accountant and public accountant required under article one hundred

thirty of this title to register triennially with the department to

practice in the state shall comply with the provisions of the mandatory

continuing education requirements except as set forth in paragraphs (b)

and (c) of this subdivision. Such certified public accountants and

public accountants who do not satisfy the mandatory continuing education

requirements shall not practice until they have met such requirements,

they have paid all applicable fees, and they have been issued a

registration or conditional registration certificate.

b. In accordance with the intent of this section, adjustments to the

mandatory continuing education requirement may be granted by the

department for reasons of health certified by a physician, for extended

active duty with armed forces of the United States, or for other good

cause acceptable to the department which may prevent compliance.

c. Certified public accountants or public accountants not engaged in

practice as defined in section seventy-four hundred one of this article,

shall be exempt from the mandatory continuing education requirement upon

the filing of a written statement with the department declaring such

status pursuant to subdivision four of section sixty-five hundred two of

this title. Any certified public accountant or public accountant who

resumes practice during the triennial registration period shall notify

the department prior to resuming practice and shall pay the current

mandatory continuing education fee and shall meet such mandatory

continuing education requirements as shall be prescribed by regulations

of the commissioner.

2. a. During each year of the triennial registration period beginning

September first, nineteen hundred ninety and ending September first,

nineteen hundred ninety-three and each registration period thereafter

but ending on the period that ends on December thirty-first, two

thousand ten, an applicant for registration shall have the option of:

(1) completing a minimum of forty contact hours of acceptable formal

continuing education in recognized areas of study, or (2) completing a

minimum of twenty-four contact hours of acceptable formal continuing

education concentrated in any one of the following three subject areas:

auditing, accounting, or taxation.

b. For applicants whose triennial registration date occurs on or after

January first, two thousand nine, for each calendar year beginning with

the two thousand nine calendar year, an applicant for registration shall

have the option of (1) completing a minimum of forty contact hours of

acceptable formal continuing education in recognized areas of study

pursuant to subdivision four of this section, or (2) completing a

minimum of twenty-four contact hours of acceptable formal continuing

education concentrated in any one of the recognized areas of study

pursuant to subdivision four of this section; provided, however, that

any continuing education contact hours earned between September first,

two thousand eight and December thirty-first, two thousand eight may be

credited toward the minimum contact hours required for the calendar year

beginning January first, two thousand nine.

c. A certified public accountant or public accountant 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 a registration or conditional registration

certificate is issued as provided in subdivision three of this section.

No hourly credits may be transferred from one year to a subsequent year

except as provided in paragraph b of this subdivision. The individual

certified public accountant or public accountant shall determine the

selection of courses or programs of study pursuant to subdivision four

of this section.

3. The department, in its discretion, may issue a conditional

registration to a certified public accountant or public accountant who

fails to meet the continuing education requirements established in

subdivision two of this section 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 certified public accountant or public accountant who is

notified of the denial of registration for failure to submit evidence,

satisfactory to the department, of required continuing education and who

practices public accountancy without such registration, may be subject

to disciplinary proceedings pursuant to section sixty-five hundred ten

of this title.

4. As used in subdivision two of this section, "acceptable formal

continuing education" shall mean formal programs of learning which

contribute to the growth in the professional knowledge and professional

competence of the licensee which meet the standards prescribed by

regulations of the commissioner. Recognized areas of study shall include

but not be limited to: 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. To fulfill the

mandatory continuing education requirement, programs must be taken from

sponsors approved by the department, pursuant to the regulations of the

commissioner.

5. The mandatory continuing education fee shall be determined by the

regents, shall be payable on or before the first day of each triennial

registration period, and shall be paid in addition to the triennial

registration fee required by section seventy-four hundred four of this

article.