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Notice of Public Comment on a Proposed Rule


Click here for the Notice of Public Comment Period to a Proposed Rule

With the passage of House Bill 118 on June 17, 2019, boards and licensing authorities were required to promulgate legislation to regulate and make consistent the consideration of prior criminal convictions in initial licensure determinations.  The proposed rule requires a rational nexus between prior criminal convictions considered by the licensing authority and the profession for which the initial licensure is sought.  In determinining whether a criminal conviction bears a rational nexus to the accounting profession, the Board shall consider: 

4.1.d.10.a. The nature and seriousness of the crime; 
4.1.d.10.b. The passage of time since the commission of the crime;
4.1.d.10.c. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the accounting profession; and
4.1.d.10.d. Any evidence of rehabilitation or treatment undertaken by the applicant.

The Public Comment Period ends at 5:00 p.m. on Sunday, September 22, 2019.

It also requires the Board to allow a potential applicant who has not previously applied for licensure to petition the board at any time for a determination of whether the individual's criminal record will disqualify him or her from obtaining a license. The applicant may submit with the petition evidence of rehabiliation, letters of reference, adn any other information the applicant deems relevant to show fitness and the ability to practice as a Certified Public Accountant.  It requires the Board to provide the applicant with such such determination within sixty (60) days.  The fee for the eligibility determination is $150.00 and upon acknowledgment of eligibility  the fee will be deducted from the applicable initial licensure application fee. 

All written comments should be directed to:

Or send via U.S. Mail to:
West Virginia Board of Accountancy
405 Capitol Street, Suite 908
Charleston, WV 25301

If you have questions, please contact the Board office at the email address above or by phone at (304) 558-3557.

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