Cal. Code Regs. tit. 16 § 37.5

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 37.5 - Fingerprinting and Disclosure Requirements
(a) A licensee applying for renewal as a certified public accountant or public accountant who has not previously submitted fingerprints as a condition of licensure or for whom an electronic record of the licensee's fingerprints does not exist in the Department of Justice's criminal offender record identification database shall successfully complete a state and federal level criminal offender record information search conducted through the Department of Justice by the licensee's renewal date that occurs after December 31, 2013.
(1) A licensee shall retain for at least three years as evidence of having complied with subdivision (a) either a receipt showing that he or she has electronically transmitted his or her fingerprint images to the Department of Justice or, for those who did not use an electronic fingerprint system, a receipt evidencing that his or her fingerprints were recorded and submitted to the board.
(2) An applicant for renewal shall pay the actual cost of compliance with subdivision (a).
(3) As a condition of petitioning the board for reinstatement of a revoked or surrendered license, an applicant shall have complied with subdivision (a).
(4) The board shall waive the requirements of this section if the license is renewed in an inactive or retired status or if the licensee is actively serving in the United States military. The board shall not return a license to active status until the licensee has complied with subdivision (a).
(b) As a condition of renewal, a certified public accountant or public accountant licensee shall disclose on the renewal form whether he or she has submitted a record of fingerprints in compliance with subdivision (a).
(c) As a condition of renewal, an applicant for renewal as a certified public accountant or public accountant shall disclose on the renewal form whether he or she has been convicted, as defined in Section 490 of the Business and Professions Code, of any violation of the law in this or any other state, the United States, or other country, omitting traffic infractions under $1000 not involving alcohol, dangerous drugs, or controlled substances.
(d) As a condition of renewal, an applicant for renewal as a certified public accountant or public accountant shall disclose on the renewal form whether he or she has experienced the cancellation, revocation, or suspension of a certificate or right to practice by any other state or foreign body.
(e) Failure to provide all of the information required by this section renders an application for renewal incomplete and the license will not be renewed until the licensee demonstrates compliance with all requirements.

Cal. Code Regs. Tit. 16, § 37.5

1. New section filed 12-18-2012; operative 1-17-2013 (Register 2012, No. 51).

Note: Authority cited: Sections 144, 462 and 5010, Business and Professions Code. Reference: Sections 144, 462, 490, 5063, 5070.5 and 5100, Business and Professions Code; and Sections 11105(b)(10) and 11105(e), Penal Code.

1. New section filed 12-18-2012; operative 1-17-2013 (Register 2012, No. 51).