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Investigation Process
BOARD AUTHORITY: The
Board of Accountancy adopts ethics rules, technical standards, and licensing
requirements for CPAs, CPA-Inactive certificateholders, and CPA firm owners. The Board regulates and licenses
CPAs, CPA-Inactive certificateholders, firm owners, and CPA firms. Additionally, the Board restricts
non-CPAs from using certain terms (for example, "audit" or
"compilation") or titles (for example "certified
accountant" or "public accountant") which are likely to be
confused with CPA.
The authority of the Board is limited to taking disciplinary action which
may include: suspending, revoking, or refusing to renew a CPA certificate,
an individual CPA license, or a CPA firm license; requiring Continuing
Professional Education; requiring outside review of a CPA's work; or
requiring full restitution. The Board does not have authority to make
judicial determinations, nor do the Board's remarks constitute legal
opinion.
FILING A COMPLAINT: Complaints may be filed in writing
to the Executive Director, Washington State Board of Accountancy, PO Box 9131, Olympia, WA
98507-9131. The Board offers a Complaint
Form for your possible use. It is not necessary to use this
form. You may submit your complaint in a letter with supporting
documents enclosed. Oral complaints will only be investigated if other sources (for example,
Yellow Page listing, court actions) indicate a violation has occurred.
The Executive Director performs a preliminary review of each
complaint filed and determines whether the complaint (1) falls within the Boards
authority (2) is exempted from investigation by Board policy, and/or (3) merits
investigation. If, for one of the reasons noted above, the Executive Director determines
the complaint will not be investigated by the agency, the complainant will be notified of
that determination by mail.
Please be advised, the Washington State Board of
Accountancy is required to comply with the Public
Disclosure Act, Chapter 42.56 RCW. This act establishes a strong state mandate in
favor of disclosure of public records. State law allows state agencies to withhold only
very limited information. These exemptions are listed in the Public Records sections of
the Public Disclosure Act. Additionally, the Board has a policy regarding Public Inquiries. The information you
submit to the Board, including personal information, may ultimately be subject to
disclosure as a public record.
INVESTIGATION: If the Executive Director determines an
investigation is appropriate the complainant will be notified by mail when the
investigation is to begin. The Executive Director assigns the complaint a case number and
generally assigns the case to the Director of Investigations. A copy of the
complaint may be sent to the alleged violator with a request to respond. Board rules
permit the alleged violator 20 days to respond to the Boards inquiry. If the alleged
violator does not respond by the end of the 20-day period, the individual will be sent a
final notice requesting a response within 20 days.
The Director of Investigations generally performs
investigative activities; however, if specialized knowledge is required an investigator on
contract with the agency may be asked to investigate the case under supervision of the
Director of Investigations. A routine case involves gathering facts from the complainant
and alleged violator and one or more of the following: Court system, other regulatory
agencies, witnesses, and professional standards setting groups.
At the completion of the investigation, the Director of
Investigations forwards a written investigation report to the Executive Director.
The Executive Director will consult with a Board Member and assess whether cause
exists to continue the investigation, propose a settlement, or move to hearings. If not,
the Board will close the case. Case files are not open to the public until the
investigation is complete. As a result, complainants and alleged violators can not be
fully advised during the course of the investigation.
To minimize disruption to all individuals involved, the
agency seeks to facilitate case investigation and resolution. However, cases take an
average of six months depending on complexity, witness cooperation, and agency caseload
and funding.
DISCIPLINARY HEARINGS: If the Executive Director and a
Consulting Board Member agree that a violation probably occurred they may propose a
settlement or schedule a hearing before the Board. The hearing process is initiated when
the Executive Director files a Statement of Charges with the Board. Hearings proceed in
much the same manner as a court hearing, except that the Board Chair presides and rules of
evidence may be eased.
The Board will render its findings and, if deemed
appropriate, set sanctions and penalties after the hearing. Penalties may range from
fines, agency legal and investigative cost reimbursement, restitution, required continuing professional
education, required review of work, suspension or revocation of the violator's CPA license
and/or certificate. The CPA may appeal the Board's actions to a Superior Court. |