STATE OF MARYLAND BOARD OF PUBLIC ACCOUNTANCY MINUTES DATE: October 6, 2009 LOCATION: 500 North Calvert Street Baltimore, Maryland 21202 Third Floor Conference Room MEMBERS IN ATTENDANCE Tim Murphy Ella Pierce Raymond C. Speciale Muhammad A. Khan ABSENT Thomas Chambers H. Terry Hancock Marjorie Root DLLR OFFICIALS/STAFF: Dennis L. Gring, Executive Director Linda L. Rhew, Administrative Officer Matthew Lawrence, Counsel Norbert Fenwick, CPE Consultant OTHERS PRESENT: Mary Beth Halpern, MACPA Shirley Buchanan, MSA Bobby Buchanan, MSA The October 6, 2009 meeting of the Maryland Board of Public Accountancy was called to order by Acting Chairman Tim Murphy at 9:15 AM. Upon a motion (I) by Ms. Pierce, and seconded by Mr. Speciale, the minutes of the September 1, 2009 meeting were approved, with amendments, unanimously. Executive Director’s Report Mr. Gring reported that 96 examination candidates passed the CPA Examination in the July/August 2009 period. The total number of passing candidates for the year is 268. Maryland candidates sat for 965 examination sections in the 3rd quarter. Candidates performed best on the Audit and Attestation section of the exam with a 59.4% pass rate. Candidate passing rates for the other sections of the exam were Financial Accounting and Reporting (55.9%), Regulation (50.4%) and Business Environment and Concepts (49.0%). Mr. Gring reported that participation in the NASBA Accountancy Licensing Database has been slowed due to security issues with the DLLR firewall. The Department IT department is working to resolve this issue as soon a possible. Mr. Gring also reviewed the project task list with the Board. CPA Board Minutes October 6, 2009 Page 2 CPA Examination Appeal The Board considered the appeal of an examination candidate denial (EA 10-01). Upon a motion (II) by Ms. Pierce and seconded by Mr. Khan, the Board affirmed the denial due to the applicant’s lacking of three semester hour course in ethics. Education Report Mr. Speciale reported two (2), regular reciprocal application approvals during the period September 1, 2009 through October 6, 2009. Upon a motion (III) by Mr. Khan, and seconded by Ms. Pierce, the Board unanimously approved the Education Report. Experience Committee Report Ms. Pierce presented the Experience Committee Report. Thirty (30) Maryland applicants and 17 reciprocal (4 in 10) applicants were approved during the period September 1, 2009 through October 6, 2009. Upon a motion (IV) by Mr. Speciale, and seconded by Mr. Khan, the Experience Committee Report was unanimously approved. New Business Upon a Motion (V) by Ms. Pierce, and seconded by Mr. Khan, the Board approved the request of Craig Rezac for a one-time exception to the peer review requirement. Upon a Motion (VI) by Mr. Speciale, and seconded by Mr. Khan, the Board granted a 90-day extension for Richard Vogt to file his peer review acceptance letter. Upon a Motion (VII) by Ms. Pierce, and seconded by Mr. Khan, the Board approved the request of Francis J. Kenney for a one-time exception to the peer review requirement. Upon a Motion (VIII) by Mr. Speciale, and seconded by Ms. Pierce, the Board established $1,000 as the amount of civil penalty to be assessed in a consent agreement involving a licensees misrepresentation of continuing professional education credits claimed on a renewal application. Licensees will maintain the right to a hearing in lieu of signing the consent agreement. Mr. Speciale explained the Board’s evaluation policy regarding foreign education that appears on U.S. collegiate transcripts. He said that any foreign course that appears on a U.S. transcript must also be evaluated by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES). Mr. Speciale also advised the Board that if a student passes a college department examination, for the purpose of demonstrating proficiency in introductory course work, the credit awarded is acceptable to the Board. CPA Board Minutes October 6, 2009 Page 3 Upon a motion (IX) by Mr. Speciale, and seconded by Ms. Pierce, the Board unanimously adopted the requirement that an applicant submitting CLEP credits to meet the education requirements for exam candidacy or licensure also provided documentation of the official CLEP transcript in addition to appearing on the transcript of a regionally accredited institution of higher learning. Upon a motion (X) by Ms. Pierce, and seconded by Mr. Khan, the Board denied the request of Nkosi Nantambu to extend the effective date of the Notice to Schedule for the CPA Examination. Executive Session The Board upon a motion (XI) by Ms. Pierce, and seconded by Mr. Khan, went into Executive Session at 10:30 AM in the 3rd Floor Conference Room, 500 N. Calvert Street, Baltimore, Maryland 21202. The purpose of this session was to consult with counsel. This session is permitted to be closed pursuant to State Government Title Section 10-508(a), (7). Upon completion of the session, the Board resumed its public meeting at 10:32 AM Complaint Committee Report Mr. Murphy reported the Board received 6 complaints during the period September 1, 2009 7, 2009 through October 6, 2009. Five complaints were closed: CPAS 10-0007, CPAS 100009, CPAS 10-0010, CPAS 10-0011, and CPAS 09-0012. Upon a motion (XII) by Mr. Khan, and seconded by Mr. Speciale, the Board approved the Complaint Committee Report. Upon a motion (XIII) by Ms. Pierce and seconded by Mr. Khan, the Board adjourned the meeting at 10:33 AM. NEXT MEETING Tuesday, November 3, 2009, 500 North Calvert Street, Third Floor, 9:00 AM __ ___ With corrections __X___ Without corrections _______________________________________ Chairman ____________________ Date