7406 - Limited permits and temporary practice permits. - New York Statutes

§ 7406. Limited permits and temporary practice permits. 1. Limited permits. On recommendation of the board, the department may issue a limited permit to an applicant of good moral character, who is the holder of a certificate, license or degree in a foreign country constituting a recognized qualification for the performance in such country of the acts set forth in section seventy-four hundred one of this article, provided the applicant has professional qualifications that are determined by the board to be significantly comparable to the licensure requirements for certified public accountancy pursuant to this article, and the applicant resides or has a place for the regular transaction of business within the state, and equal recognition is granted by the foreign country concerned to certified public accountants or public accountants licensed in the United States. Such limited permit shall be valid for a period of two years and may be renewed on recommendation of the board. Such permit shall authorize the applicant to use only the title or designation under which he or she is generally known in his or her own country, followed by the name of the country from which he or she received his or her certificate, license or degree, notwithstanding the provisions of subdivision two of section seventy-four hundred eight of this article. 2. Temporary practice permits. a. On recommendation of the board, a certified public accountant, licensed by another state which the board of regents has determined to have significantly comparable certified public accountant licensure requirements, or whose individual licensure qualifications are verified by the department to be significantly comparable to New York's requirements, and in good standing, who intends to perform the services in subdivisions one and two of section seventy-four hundred one of this article may temporarily practice public accountancy in this state, if the certified public accountant: (1) holds a valid license to practice public accountancy in the other state, (2) practices public accountancy in another state that is his or her principal place of business, and (3) obtains from the department a temporary practice permit. b. The temporary practice permit allows such certified public accountant, who meets the requirements of paragraph a of this subdivision to practice public accountancy in this state. Each temporary practice permit shall allow the holder to practice in this state for an aggregate total of one hundred eighty days during the twelve month period beginning on the effective date of the permit. c. Applications for the temporary practice permit shall be submitted to the department through an electronic means as prescribed by the commissioner. After the department renders a timely initial determination that the applicant has submitted the information necessary to verify that the requirements of paragraph a of this subdivision are satisfied, applications for temporary practice permits shall be processed by the department within thirty days. During such thirty day processing period, the applicant may practice; provided, however, that if the application is denied the applicant shall cease the practice of public accountancy in the state of New York. d. Any certified public accountant who practices in this state pursuant to this section, and any firm that employs such certified public accountant to provide such services in New York, consents to all of the following as a condition of the exercise of such temporary practice privilege: (1) to the personal and subject matter jurisdiction and disciplinary authority of the board of regents;(2) to comply with this article, the rules of the board of regents and the regulations of the commissioner; and (3) to the appointment of the secretary of state or other public official acceptable to the department, in the certified public accountant's state of licensure or the state in which the firm has its principal place of business, as the certified public accountant or firm's agent upon whom process may be served in any action or proceeding by the department against such certified public accountant or firm. e. No more than one temporary practice permit may be issued to any individual applicant provided that each permit may be renewed by the department up to three times such that an individual shall practice for no more than four years within a five year time period under the provisions of this section. Such renewals may be granted upon receipt of written notice from the permit holder, provided that the applicant remains in good standing and in compliance with all applicable laws, rules and regulations. f. (1) A person who wishes to practice public accountancy in this state but does not meet the requirements of paragraph a of this subdivision is subject to the full licensing and registration requirements of this article. (2) In the event the license from the other state of the certified public accountant's principal place of business is no longer valid or in good standing, or that the certified public accountant has had any final disciplinary action taken against his or her license by the licensing or disciplinary authority of any other state concerning the practice of public accountancy, the certified public accountant shall cease offering to perform or performing such services in this state individually and on behalf of his or her firm. g. (1) Notwithstanding subparagraph two of paragraph a of this subdivision or any other inconsistent law or rule to the contrary, a certified public accountant licensed by another state and in good standing who obtains a temporary practice permit under this section and files an application for licensure under section seventy-four hundred four of this article on or before the expiration date of such temporary practice permit may continue to practice under such permit for a period coterminous with the period during which his or her application for licensure remains pending with the department. (2) Nothing in this section shall limit the applicability of section seventy-four hundred seven of this article. h. Fees. The fee for each limited permit and temporary practice permit and each renewal shall be established in regulation by the board of regents.