CHAPTER 285
HB 543 - FINAL VERSION
25mar03... 0848h
05/08/03 1389s
24jun03... 2080CofC
2003 SESSION
10/09
HOUSE BILL 543
AN ACT relative to increasing the membership of the board of accountancy and relative to appeals of board decisions.
COMMITTEE: Executive Departments and Administration
This bill provides for the appointment of 2 new members to the board of accountancy. The bill also clarifies the appeal procedure for decisions of the board.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25mar03... 0848h
05/08/03 1389s
24jun03... 2080CofC
03-0934
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Three
AN ACT relative to increasing the membership of the board of accountancy and relative to appeals of board decisions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
285:1 Board of Accountancy; Two Members Added. Amend RSA 309-B:4, I(a) to read as follows:
I.(a) There is hereby created the New Hampshire board of accountancy, which shall have responsibility for the administration and enforcement of this chapter. The board shall consist of [5] 7 members, all of whom shall be residents of this state appointed by the governor with the approval of council. [Three] Four members shall be holders of certificates under RSA 309-B:5 or corresponding provisions of prior law; one member shall be a public accountant who is a holder of a currently valid registration, and [one member] 2 members shall be [a] public [member] members, who [is] are not, and never [was, a member] were, members of the accounting profession, or the [spouse] spouses of such [a person] persons, but who [has] have, or [has] have had, professional or practical experience in the use of accounting services and financial statements so as to be qualified to make judgments about the qualifications and conduct of persons and firms subject to regulation under this chapter. The one position to be occupied by a public accountant shall instead be occupied by a public member after the number of public accountants holding currently valid public accountant registrations drops below 25.
285:2 Board of Accountancy; Appeals. Amend RSA 309-B:12, X to read as follows:
X. Any person or firm adversely affected by any order of the board entered after a hearing under this section may appeal such order by filing a written petition with the superior court in the county in which the respondent resides or, if not a resident of this state, in the county in which the respondent has a place of business or resident agent. [The petition shall be filed within 30 days after the entry of the order. The respondent shall exhaust all applicable administrative procedures before periodical review may commence. The procedures for review and the scope of the review shall be as specified in RSA 541-A, the New Hampshire Administrative Procedure Act.] An appeal shall not suspend the order of the board unless the court orders otherwise. The record of the hearing of the board's action shall be presented to the superior court for its review pursuant to the procedures and standards of RSA 541. The superior court may affirm, reverse, or modify the board's order or may order a trial de novo. A trial de novo shall be pursuant to the board's rules and the rules of evidence shall not apply.
285:3 Effective Date. This act shall take effect 60 days after its passage.
(Approved: July 18, 2003)
(Effective Date: September 16, 2003)