IDAPA 01 – BOARD OF ACCOUNTANCY
DOCKET NO. 01-0101-1900F
NOTICE OF OMNIBUS RULEMAKING – TEMPORARY AND PROPOSED FEE RULEMAKING
EFFECTIVE DATE: The effective date of the temporary rules listed in the descriptive summary of this notice is June 30, 2019.
AUTHORITY: In compliance with Sections 67-5221(1) and 67-5226, Idaho Code, notice is hereby given that this agency has adopted temporary rules, and proposed rulemaking procedures have been initiated. The action is authorized pursuant to Section 54-204(1) Idaho Code.
PUBLIC HEARING SCHEDULE: Oral comment concerning this rulemaking will be scheduled in accordance with Section 67-5222, Idaho Code.
DESCRIPTIVE SUMMARY: The following is the required finding and concise statement of its supporting reasons for adopting a temporary rule and a nontechnical explanation of the substance and purpose of the proposed rulemaking:
This temporary and proposed rulemaking adopts and re-publishes the following existing and previously approved and codified chapters under IDAPA 01, rules of the Idaho State Board of Accountancy:
IDAPA 01 • 01.01.01, Idaho Accountancy Rules (Chapter 2, Title 54, Idaho Code) – all rules except Sections/Subsections 004.04, 010.08, 012, 013, 014, 015, 016, 017, and 608. In addition, minor housekeeping edits were made.
TEMPORARY RULE JUSTIFICATION: Pursuant to Sections 67-5226(1) and 67-5226(2), Idaho Code, the Governor has found that temporary adoption of the rule is appropriate for the following reasons:
These temporary rules are necessary to protect the public health, safety, and welfare of the citizens of Idaho and confer a benefit on its citizens. These previously approved and codified rules implement the duly enacted laws of the state of Idaho, provide citizens with the detailed rules and standards for complying with those laws, and assist in the orderly execution and enforcement of those laws. The expiration of these rules without due consideration and processes would undermine the public health, safety and welfare of the citizens of Idaho and deprive them of the benefit intended by these rules. To further illustrate, third parties rely on the accuracy of the financial information issued by a certified public or licensed public accountant. To not have these rules in place would endanger third parties that rely on financial information from licensees for transactions such as a buy-sell, business valuations which can include stock prices for publicly traded companies and loans from banks. Furthermore, without the rules, there would not be a way for an individual to be licensed as a certified public accountant in the state which would cause individuals and the economy in general as those seeking licensing would be denied the opportunity to leverage their education and talents.
Any fee or charge imposed by the rules is necessary to avoid immediate danger. The fees or charges reauthorized in this rulemaking are currently existing and have been previously promulgated by the agency and reviewed and approved by the Legislature. These fees and charges are part of the dedicated fund portion of the state budget, which makes up a material portion of the FY2020 budget. The FY2020 budget has already been set by the Legislature and passed into law. That budget relies upon the existence of these fees and charges to meet the state’s obligations and provide necessary state services. Failing to reauthorize these fee rules would create immediate danger to the state budget, immediate danger to necessary state functions and services, and immediate danger of a violation of Idaho’s constitutional requirement that it balance its budget. The agency is a dedicated fund agency that receives no monies from the general fund. The agency relies primarily on the income from examination applications and licensing to fund operations. Without these fee rules, not only would the budget be set up for failure, it would also put the agency in peril which would create chaos in the financial markets in Idaho and abroad.
FEE SUMMARY: The preceding section and the attached rules provide a specific description of the fee or charge imposed or increased by this rulemaking. This rulemaking does not impose a fee or charge, or increase a fee or charge, beyond what was previously approved and codified in the prior rules. The fees included in this rulemaking involve examination and licensing, administrative and late fees for occurrences of late renewal, non-compliance with timely filing of Continuous Professional Education and non-compliance with firm registration and peer review.
FISCAL IMPACT: The following is a specific description, if applicable, of any negative fiscal impact on the state general fund greater than ten thousand dollars ($10,000) during the fiscal year: This rulemaking is not anticipated to have any fiscal impact on the state general fund because the FY2020 budget has already been set by the Legislature, and approved by the Governor, anticipating the existence of the rules and fees being reauthorized by this rulemaking.
NEGOTIATED RULEMAKING: Pursuant to Section 67-5220(2), Idaho Code, negotiated rulemaking was not feasible because of the need to adopt the rules as temporary, and because these existing chapters of IDAPA are being re-published and re-authorized. Negotiated rulemaking also is not feasible because of the need to implement these rules before they expire; the rules form the regulatory framework of the laws of this state and have been previously promulgated and reviewed by the legislature pursuant to the Idaho Administrative Procedures Act, Chapter 52, Title 67, Idaho Code; and because engaging in negotiated rulemaking for all previously existing rules will inhibit the agency from carrying out its ability to serve the citizens of Idaho and to protect their health, safety, and welfare.
INCORPORATION BY REFERENCE: Pursuant to Section 67-5229(2)(a), Idaho Code, incorporated material may be obtained or electronically accessed as provided in the text of the temporary and proposed rules attached hereto.
ASSISTANCE ON TECHNICAL QUESTIONS, SUBMISSION OF WRITTEN COMMENTS: For assistance on technical questions concerning the temporary and proposed rule, contact Kent A. Absec, Executive Director at (208) 334-2490.
Anyone may submit written comments regarding the proposed rulemaking. All written comments must be directed to the undersigned and must be delivered within twenty-one (21) days after publication of this Notice in the Idaho Administrative Bulletin. Oral presentation of comments may be requested pursuant to Section 67-5222(2), Idaho Code, and must be delivered to the undersigned within fourteen (14) days of the date of publication of this Notice in the Idaho Administrative Bulletin.
Dated this 6th day of May, 2019.
Kent A. Absec Executive Director Idaho State Board of Accountancy
3101 W. Main St., Suite 210
Boise, Idaho 83702
P.O. Box 83720 Boise, Idaho 83720-0002
Phone: (208) 334-2490