Section § 5000

Explanation

This law creates the California Board of Accountancy within the Department of Consumer Affairs, consisting of 15 members. Seven of these members are accountants licensed by the board, while the other eight are public members who are not licensed accountants. The Governor appoints four public members and all seven licensed accountants, ensuring a mix from the accounting profession. The Senate Committee on Rules and the Speaker of the Assembly each appoint two public members. This law is valid until January 1, 2029, when it is set to be repealed, and at that time, the board will be reviewed by the Legislature's policy committees, focusing on new licensing requirements and relevant issues.

(a)CA Business & Professions Code § 5000(a) There is in the Department of Consumer Affairs the California Board of Accountancy, which consists of 15 members, 7 of whom shall be licensees, and 8 of whom shall be public members who shall not be licentiates of the board or registered by the board. The board has the powers and duties conferred by this chapter.
(b)CA Business & Professions Code § 5000(b) The Governor shall appoint four of the public members, and the seven licensee members as provided in this section. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint two public members. In appointing the seven licensee members, the Governor shall appoint individuals representing a cross section of the accounting profession.
(c)CA Business & Professions Code § 5000(c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed.
(d)CA Business & Professions Code § 5000(d) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. However, the review of the board shall be limited to reports or studies specified in this chapter and those issues identified by the appropriate policy committees of the Legislature and the board regarding the implementation of new licensing requirements.

Section § 5000.1

Explanation

This law states that the California Board of Accountancy's top priority is to protect the public when handling matters like licensing and discipline. If public protection conflicts with other goals, protecting the public should come first.

Protection of the public shall be the highest priority for the California Board of Accountancy in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

Section § 5000.5

Explanation

This rule sets criteria for public members on the state board. It says that a public member cannot be a current or former license holder of the board or have family ties to one. They also can't work for or have financial interests in accounting, bookkeeping, or tax preparation businesses. Public members must also fulfill other requirements outlined in a different section.

No public member shall be a current or former licensee of the board or an immediate family member of a licensee, or be currently or formerly employed by a public accounting firm, bookkeeping firm, or firm engaged in providing tax preparation as its primary business, or have any financial interest in the business of a licensee. Each public member shall meet all of the requirements for public membership on the board as set forth in Chapter 6 (commencing with Section 450) of Division 1.

Section § 5001

Explanation

This law describes the qualifications for members of a board related to accountancy in California. Most board members must be practicing accountants for at least five years before their appointment. They also need to be U.S. citizens who have lived in California for at least five years and have good character. After being appointed, members must take an oath of office. However, the Governor can appoint one board member who is a teacher in a college or university accounting program without requiring that person to have a practice history.

(a)CA Business & Professions Code § 5001(a) Except as provided in subdivision (b), each member of the board, except the public members, shall be actively engaged in the practice of public accountancy and shall have been so engaged for a period of not less than five years preceding the date of his appointment. Each member shall be a citizen of the United States and a resident of this state for at least five years next preceding his appointment, and shall be of good character. Within 30 days after their appointment, the members of the board shall take and subscribe to the oath of office as prescribed by the Government Code and shall file the same with the Secretary of State.
(b)CA Business & Professions Code § 5001(b) One licensee member appointed by the Governor may be an active educator within a program that emphasizes the study of accounting within a college, university, or four-year educational institution.

Section § 5002

Explanation
Board members are appointed for four-year terms and can serve until their successors are appointed or one year after their term ends. If a spot opens up, a new person with the same license as the departing member is appointed to fill the remaining term. Members cannot serve more than two terms in a row. The Governor can remove any non-public member whose license is invalid, revoked, or suspended, and can also remove any member for neglecting their duty or other valid reasons after a hearing.
Each member shall be appointed for a term of four years and shall hold office until the appointment and qualification of his successor or until one year shall have elapsed since the expiration of the term for which he was appointed, whichever first occurs.
Vacancies occurring shall be filled by appointment for the unexpired term of a person licensed in the same capacity as the person being replaced. No person shall serve more than two terms consecutively. The Governor shall remove from the board any member, except a public member, whose permit to practice has become void, revoked or suspended. The Governor may, after hearing, remove any member of the board for neglect of duty or other just cause.

Section § 5003

Explanation
The board has three officers: a president, a vice president, and a secretary-treasurer.
The officers of the board are a president, vice president and a secretary-treasurer.

Section § 5004

Explanation
Each year at their annual meeting, the board selects a president, vice president, and secretary-treasurer from among its own members to serve for one year. These officers start their roles right after the meeting where they're elected.
The president, vice president, and secretary-treasurer shall be elected by the board for a term of one year from among its members at the time of the annual meeting. The newly elected president, vice president, and secretary-treasurer shall assume the duties of their respective offices at the conclusion of the annual meeting at which they were elected.

Section § 5006

Explanation

The current board officers will stay in their positions until new officers are chosen and ready to take over.

The officers of the board shall continue in office until their successors are elected and qualify.

Section § 5007

Explanation

This section outlines who should lead board meetings if the usual leader isn't available. The president runs the meetings, but if they're not there, the vice president takes over. If neither can do it, then the secretary-treasurer steps in. If all of them are unavailable, the president can pick another board member to lead the meeting. Besides, the board decides what other responsibilities these officers have.

The president shall preside at all meetings of the board, and in the event of the president’s absence or inability to act, the vice president shall preside. If both the president and vice president are absent or unable to act, the secretary-treasurer shall preside at meetings of the board. The president may designate a board member who is not an officer to preside at a meeting of the board if all officers of the board are absent or unable to act at that meeting. Other duties of the president, vice president, and the duties of the secretary-treasurer, shall be such as the board may prescribe.

Section § 5008

Explanation

This law requires the board to prepare a report about its activities, including any changes to the rules and regulations, and share this with all license holders at least twice a year. They can do this by sending emails or posting the information on their website.

The board shall, from time to time, but not less than twice each year, prepare and distribute to all licensees, a report of the activities of the board, including amendments to this chapter and regulations adopted by the board, and may likewise distribute reports of other matters of interest to the public and to practitioners. The board may meet this requirement by electronically distributing these materials via email or making them available on the board’s internet website.

Section § 5009

Explanation

This law states that the board is responsible for keeping a list of all licensed professionals, including important details they deem necessary. This list should be accessible to both the licensees and the general public.

The board shall compile and maintain, or may have compiled and maintained on its behalf, a register of licensees that contains information that the board determines is necessary for the purposes for which the board was established. The board shall make the register available to any licensee and to the public.

Section § 5009.5

Explanation

This law states that the email addresses provided by individuals applying for or holding licenses with a board are not public records and cannot be shared with others, even if requested under the California Public Records Act. The only exception to this rule is if a court orders the disclosure of the email addresses.

In the interest of protecting the privacy of applicants and licensees, an email address provided by applicants or licensees to the board pursuant to this chapter shall not be considered a public record and shall not be disclosed pursuant to Section 27 or pursuant to a request under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), unless required pursuant to a court order by a court of competent jurisdiction.

Section § 5010

Explanation

This law gives a board the power to create, change, or remove rules to effectively manage its operations and duties. These changes must follow a specific process outlined in another section of the government code.

The board may adopt, repeal, or amend such regulations as may be reasonably necessary and expedient for the orderly conduct of its affairs and for the administration of this chapter. The regulations shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 5011

Explanation

This section states that the board is responsible for deciding where its main office will be. It also allows the board to set up additional branch offices in different places if needed.

The board shall designate the location of its principal office and may establish branch offices in other locations.

Section § 5012

Explanation

This law simply states that there is a requirement for the board to have an official seal.

The board shall have a seal.

Section § 5013

Explanation

This law requires the board to maintain detailed records of everything it does, including actions by its committees. In court cases, whether civil or criminal, these records can be used as evidence. If the records are certified correct by the board's executive officer and have the board's official seal, they are assumed to be accurate unless proven otherwise.

The board shall keep records of all proceedings and actions by and before the board and before its committees. In any proceeding in court, civil or criminal, copies of those records certified as correct by the executive officer of the board under seal of the board shall be admissible in evidence and shall be prima facie evidence of the correctness of the contents thereof.

Section § 5015

Explanation

This law allows the board to hire clerks, examiners, and other help as needed to do its work, and to pay them salaries and cover their necessary expenses, unless there's a rule in Section 159.5 that says otherwise.

The board may employ clerks, examiners and, except as provided by Section 159.5, other assistants in the performance of its duties, and pay salaries and necessary expenses.

Section § 5015.6

Explanation

This law allows the board to appoint someone as an executive officer who isn't part of the regular government employee system. This person will perform certain powers and duties assigned by the board. However, this rule will only be valid until January 1, 2029, after which it will be canceled.

The board may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.
This section shall remain in effect only until January 1, 2029, and as of that date is repealed.

Section § 5016

Explanation

This law section explains that more than half of the board members need to be present for any official meeting to proceed. Meetings must follow the notification rules of the Bagley-Keene Open Meeting Act. The board is required to meet at least twice a year, and these meetings can be called by the president and executive officer. If any two board members want a special meeting, they can ask the executive officer to arrange it.

A majority of the board shall constitute a quorum for the transaction of any business at any meeting of the board. Notice of each meeting of the board shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). The board shall meet at the call of the president and executive officer, but not less than twice each year. Any two members of the board may request the executive officer to call a special meeting, and the executive officer, upon receiving that notice, shall call a meeting pursuant to the procedure prescribed herein.

Section § 5017

Explanation

In California, meetings of the board must generally be open to the public. However, there are exceptions where the board can have private meetings, known as executive sessions. These private meetings can be used to discuss decisions based on evidence from certain proceedings or to handle things like preparing and grading exams. These exceptions ensure that sensitive discussions around decision-making and exams can happen without public interference.

All meetings of the board shall be open and public, except that the board may hold executive sessions to deliberate on the decision to be reached upon the evidence introduced in a proceeding conducted in accordance with Chapter 5 (commencing with Section 11500), Part 1, Division 3, Title 2, of the Government Code.
The members of the board may hold executive sessions to prepare, approve, grade, or administer examinations and shall have jurisdiction or vote over these functions of preparing, approving, grading, or administering examinations in executive session as provided for in Section 11126 of the Government Code.

Section § 5017.1

Explanation

Once the board approves the minutes from its public meetings, it has to put them online within 10 days. These minutes must stay on the website for at least three years. Just having a link to the minutes online meets this rule.

The board shall post, within 10 days of board approval, the finalized minutes from meetings of the board that are open and public pursuant to Section 5017 on the board’s internet website. The minutes shall remain on the board’s internet website for at least three years. Providing a link on the internet website to the minutes shall satisfy this requirement.

Section § 5017.5

Explanation

This law section requires the board to stream their public meetings online with either live audio or video. If technical issues prevent them from doing this, it's not a violation as long as they tried their best to make it work. Even if the live stream fails, the board can still meet and make decisions. Recordings of these meetings need to be available on their website for at least three years, and just providing a link to the recording fulfills this obligation.

(a)CA Business & Professions Code § 5017.5(a) The board shall provide a live audio or video broadcast, on its internet website, of each of its board meetings that are open and public.
(b)Copy CA Business & Professions Code § 5017.5(b)
(1)Copy CA Business & Professions Code § 5017.5(b)(1) If technical failure prevents the board from providing a live broadcast as specified in subdivision (a), that failure shall not constitute a violation of this section if the board exercised reasonable diligence in providing a live broadcast.
(2)CA Business & Professions Code § 5017.5(b)(2) Failure to provide a live broadcast of its board meetings due to technical failure shall not prohibit the board from meeting and taking actions.
(c)CA Business & Professions Code § 5017.5(c) The recording of the live audio or video broadcast shall remain on the internet website for at least three years. Providing a link on the internet website to the recording of the live audio or video broadcast shall satisfy this requirement.

Section § 5018

Explanation

This section allows the board to create, update, or remove rules for professional conduct to ensure high integrity within the profession. Every licensed professional will receive a copy of these rules at least 30 days before a public hearing is held to discuss any objections to them. All licensees must follow the standards set by the California Board of Accountancy.

The board may by regulation, prescribe, amend, or repeal rules of professional conduct appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession. In addition to the requirements contained in Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code, a copy of the rules shall be provided to every holder of a license under this chapter at least 30 days prior to a date named for a public hearing held for the purpose of receiving and considering objections to any of the proposed provisions. Every licensee of the California Board of Accountancy in this state shall be governed and controlled by the rules and standards adopted by the board.

Section § 5019

Explanation

When someone applies for a certificate or registration, they must confirm that they've read and understood the professional conduct rules set by the board.

Every applicant, when subscribing to an application for certificate or registration, shall acknowledge the fact that the applicant has read and understands the rules of professional conduct adopted by the board.

Section § 5020

Explanation

This law allows the board to set up an advisory committee of up to 13 licensees to provide technical advice and help the board with certain functions. However, this committee only gives advice, cannot start any disciplinary actions, and can only report their findings back to the board or the board's executive officer if they are directed to do so.

The board may, for the purpose of obtaining technical expertise, appoint an enforcement advisory committee of not more than 13 licensees to provide advice and assistance related to the functions specified in Section 5103. The committee shall act only in an advisory capacity, shall have no authority to initiate any disciplinary action against a licensee, and shall only be authorized to report its findings from any investigation or hearing conducted pursuant to this section to the board, or upon direction of the board, to the executive officer.

Section § 5021

Explanation

Members of both the enforcement advisory and qualifications committees serve two-year terms.

The members of the enforcement advisory and qualifications committees shall hold office for two years.

Section § 5022

Explanation

If you apply to become a certified public accountant (CPA) and are unhappy with the qualifications committee's decision about your application, you can appeal to the board. The board might give you an oral or written test to help decide if you meet the requirements.

The qualifications committee shall make recommendations and forward its report to the board for action on any matter on which it is authorized to act. An applicant for registration as a certified public accountant who is aggrieved by any action taken by the committee with respect to their qualifications may appeal to the board in accordance with rules or regulations prescribed by the board. The board on the appeal may give an oral or written examination as an aid in determining whether the applicant is qualified under the terms of this chapter.

Section § 5023

Explanation
The board can set up a qualifications committee made up of certified public accountants to help in two ways: by reviewing the qualifications of people applying to become certified public accountants, and by recommending to the board those applicants who meet the necessary requirements.
The board may establish a qualifications committee of its own certified public accountant members or other certified public accountants of the state in good standing, to perform the following advisory duties:
(a)CA Business & Professions Code § 5023(a) To examine the qualifications of all applicants for the license of certified public accountant.
(b)CA Business & Professions Code § 5023(b) To recommend to the board applicants for the certified public accountant license who fulfill the requirements of this chapter.

Section § 5024

Explanation

This law allows the board to establish advisory committees to provide recommendations on specific matters. These committees can include board members and non-members.

The board may create and appoint advisory committees, consisting solely of board members or consisting of board members and other persons who are not board members, for the purpose of making recommendations on matters as may be specified by the board.

Section § 5025.1

Explanation

This law allows the board to hire accountants as consultants and experts to help with investigations and legal matters. These contracts don't follow certain government procedures, but they need to meet specific standards. The board can choose to hire these experts without opening the job to everyone (sole source basis). If these experts get sued for their work with the board, the board will cover their legal defense and any judgment against them, similar to protections given to public employees. Every year, the board must report the details of these contracts to the legislature, including the cost and effectiveness.

(a)CA Business & Professions Code § 5025.1(a) The board may contract with and employ certified public accountants and public accountants as consultants and experts to assist in the investigation and prosecution of judicial and administrative matters.
(b)CA Business & Professions Code § 5025.1(b) Contracts made pursuant to this section are not subject to Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, except that the board shall apply the standards set forth in Section 19130 in awarding personal service contracts under this section.
(c)CA Business & Professions Code § 5025.1(c) Notwithstanding any other provision of law, the board may contract with these consultants and experts on a sole source basis.
(d)CA Business & Professions Code § 5025.1(d) If a person, not a regular employee of the board, is hired or under contract to provide expertise to the board in the evaluation of the conduct of a licensee, and that person is named as a defendant in a civil action for defamation, tortious interference with prospective business advantage, or other civil causes of action directly resulting from opinions rendered, statements made, or testimony given to the board, its committees, staff, legal counsel, or other representatives, or in any proceeding instituted by the board or to which the board is a party, the board shall provide for representation required to defend that person in that civil action and shall indemnify that person for any judgment rendered against him or her. This right of defense and indemnification shall be the same as, and no greater than, the right provided to a public employee pursuant to Section 825 of the Government Code. Nothing herein shall be construed as expanding or limiting any immunity from liability otherwise provided by law.
(e)CA Business & Professions Code § 5025.1(e) On or before June 1 of each year, the board shall report to the appropriate policy and fiscal committees of each house of the Legislature the terms of the contract or contracts entered into each fiscal year pursuant to this section. The report shall include the cost, services, terms and duration provided under each contract, the identity of the firms or individuals awarded any contract, and data demonstrating the cost effectiveness of the board’s sole-source contracting in the investigation and prosecution of the board’s enforcement programs.

Section § 5025.2

Explanation

This section explains that the California Board of Accountancy sometimes needs extra money for urgent enforcement and legal actions to protect the public. If the board unexpectedly needs more funds for these purposes, the Department of Finance can approve up to $2 million more in spending from the Accountancy Fund. The board needs to demonstrate that this extra money is necessary and that they couldn't predict the need for it ahead of time.

(a)CA Business & Professions Code § 5025.2(a) The Legislature finds that there are occasions when the California Board of Accountancy urgently requires additional expenditure authority in order to fund unanticipated enforcement and litigation activities. Without sufficient expenditure authority to obtain the necessary additional resources for urgent litigation and enforcement matters, the board is unable to adequately protect the public. Therefore, it is the intent of the Legislature that, apart from, and in addition to, the expenditure authority that may otherwise be established, the California Board of Accountancy shall be given the increase in its expenditure authority in any given current fiscal year that is authorized by the Department of Finance pursuant to the provisions of subdivision (b) of this section, for costs and services in urgent litigation and enforcement matters, including, but not limited to, costs for professional and consulting services and for the services of the Attorney General and the Office of Administrative Hearings.
(b)CA Business & Professions Code § 5025.2(b) Notwithstanding Control Section 27.00 of the annual Budget Act, Section 11006 of the Government Code, and the amount listed in the annual Budget Act for expenditure, the Department of Finance shall authorize up to two million dollars ($2,000,000) in additional expenditures for the California Board of Accountancy upon a showing by the board that those funds are necessary for public protection and that the shortfall was not anticipated. These additional expenditures shall be payable from the Accountancy Fund for purposes of the board’s litigation or enforcement activities in any given current fiscal year.

Section § 5025.3

Explanation

This law allows a board to set aside funds for a contract related to legal matters, such as lawsuits or enforcement. These funds can be used for up to two years after the end of the fiscal year when the contract was made. Importantly, these funds are approved for use continuously over this period, without concern for specific fiscal year boundaries, as long as they stay within the authorized time limit.

(a)CA Business & Professions Code § 5025.3(a) Whenever the board enters into a contract for litigation or enforcement purposes, including, but not limited to, contracts pursuant to Section 5025.1, funds may be encumbered in the fiscal year the contract is executed and expended at any time during the subsequent 24 months commencing with the last day of the fiscal year in which the contract is executed.
(b)CA Business & Professions Code § 5025.3(b) Notwithstanding Section 13340 of the Government Code, funds encumbered for a contract pursuant to subdivision (a) of this section are continuously appropriated without regard to fiscal year, however, the appropriation is limited to the period for which funds are authorized to be encumbered under subdivision (a).