New Jersey Administrative Code

A licensee or the licensee's firm shall not knowingly misrepresent facts, and when engaged in the practice of public accounting, including the rendering of tax and management advisory services, shall not subordinate the licensee's judgment to others. In tax practice, a licensee o…

A licensee or the licensee's firm shall not undertake any engagement for the performance of professional services which the licensee cannot reasonably expect to complete with due professional competence, including compliance, where applicable, with N.J.A.C. 13:29-3.5 and 3.6. Not…

A licensee or the licensee's firm shall not in the performance of professional services permit the licensee's name to be used in conjunction with any forecast of future transactions in a manner which may reasonably lead to the belief that the licensee vouches for the achievabilit…

(a) A licensee or the licensee's firm shall not permit the licensee's name to be associated with financial statements in such a manner as to imply that the licensee is acting as an independent public accountant with respect to such financial statements unless the licensee has com…

(a) A licensee or the licensee's firm shall not express an opinion that financial statements are presented in conformity with generally accepted accounting principles (GAAP) if such financial statements contain any departure from such accounting principles which has a material ef…

(a) A licensee or the licensee's firm shall not without the consent of the licensee's client disclose any confidential information pertaining to the licensee's client obtained in the course of performing professional services. (b) This rule shall not: 1. Relieve a licensee of any…

(a) A contingent fee is a fee established for the performance of any service pursuant to an arrangement in which no fee will be charged unless a specified finding or result is attained, or in which the amount of the fee is otherwise dependent upon the finding or result of such se…

Notes N.J. Admin. Code § 13:29-3.9 As amended, R.1982 d.407, eff. 11/15/1982. See: 14 N.J.R. 895(a), 14 N.J.R. 1309(b). Deleted old text concerning name of practice and added new text concerning discreditable acts. Amended by R.2000 d.222, eff. 6/5/2000. See: 32 N.J.R. 987(a), 32…

(a) An individual whose principal place of business is not in New Jersey shall be entitled to practice as a certified public accountant in the State, consistent with the requirements of this subchapter and N.J.S.A. 45:2B-50.1, without having to obtain a license, notify the Board …

(a) A firm that does not have an office in New Jersey shall register with the Board and pay the fee set forth in N.J.A.C. 13:29-1.5, if the firm performs the following attest services for a client having its home office in this State: 1. A financial statement audit or other engag…

For purposes of this subchapter, the following term shall have the following meaning, unless the context clearly indicates otherwise. "Home office" means the location specified by the client as the address to which the services described above are directed. Notes N.J. Admin. Code…

(a) Pursuant to N.J.S.A. 45:2B-67, the Board establishes a Peer Review Program (Program) to monitor licensee compliance with applicable accounting and auditing standards adopted by generally recognized standard-setting bodies. The purpose of the Program is to improve the quality …

The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise: "Firm" means a sole proprietorship, a professional corporation, a partnership, a limited liability company, a limited liability partnersh…

(a) The Board adopts the 2009 "Standards for Performing and Reporting on Peer Reviews," promulgated by the American Institute of Certified Public Accountants (AICPA), as its minimum standards for review of firms' non-SEC issuer practices. The Standards are incorporated in this su…

(a) Participation in the Peer Review Program is required of each firm licensed with the Board that performs any attest service or any accounting and/or auditing engagements, including audits, reviews, compilations, forecasts, projections or special reports performed under profess…

(a) A firm, including a succeeding firm, that receives two consecutive review ratings of pass with deficiencies or fail in a system or engagement review or any combination thereof shall have an accelerated review within 18 months of the firm's last review. (b) If an accelerated r…

(a) A firm shall submit to the Board the following peer review documents: 1. A copy of the accepted report if the firm received a peer review rating of pass; 2. A copy of the accepted report and letter of response if the firm received a peer review rating of pass with deficiencie…

(a) The Board shall annually appoint a standing committee to be known as the Peer Review Oversight Committee (the Committee) to assist the Board in the administration of the Peer Review Program. The Committee shall be responsible for the following: 1. Monitoring sponsoring organi…

(a) To qualify as a sponsoring organization, an entity shall submit a peer review administration plan to the Board for review and approval. The plan of administration shall: 1. Establish a program to communicate to firms participating in the peer review program the latest develop…

(a) Any documents submitted in accordance with the rules in this subchapter shall have deleted the name of the client, the client's address and other identifying factors, provided that the deletion does not render the type or nature of the entity or organization undeterminable. F…

All licensees subject to the provisions of N.J.S.A. 45:2B-42 et seq. shall comply with the provisions of this subchapter relating to continuing professional education (CPE). These rules apply to all licensees registered by the Board of Accountancy in order to enhance the professi…

(a) Program developers shall specify the level of knowledge to be imparted under the continuing professional education program in order to provide sufficient information to potential participants and sponsors. As an illustration, a program may be described as having the objective…

(a) In addition to the requirements of N.J.A.C. 13:29-6.6, continuing professional education program sponsors shall comply with the following requirements: 1. Disclosure to prospective participants: The program sponsor shall disclose in advance to prospective participants the obj…

Failure of a sponsor to comply with the requirements for continuing professional education programs, as set forth in N.J.A.C. 13:29-6.6, and responsibilities of program sponsors, as set forth in N.J.A.C. 13:29-6.11, may result in the suspension of the preapproved status for progr…

Notes N.J. Admin. Code § 13:29-6.13 Recodified to N.J.A.C. 13:29-6.12 by R.2008 d.367, effective 12/15/2008. See: 40 N.J.R. 593(a), 40 N.J.R. 6982(a). Section was "Sponsor's failure to comply with continuing education responsibilities".

(a) Each applicant for a triennial license renewal is required to complete, during the preceding triennial period, 120 credits of continuing professional education, except as provided in (c) through (f) below. All applicants shall complete a minimum of 20 credits of continuing pr…

(a) The following subjects are acceptable for satisfaction of the required 60 credits of continuing professional education in technical subjects over the triennial period: 1. Accounting; 2. Auditing, including, but not limited to, review, compilation and attest standards; 3. Busi…

Each applicant for triennial license renewal shall complete, during the preceding triennial period, a four credit course on New Jersey law and ethics approved by the Board pursuant to N.J.A.C. 13:29-6.6(c). Notes N.J. Admin. Code § 13:29-6.3A New Rule, R.2002 d.293, effective 9/3…

Courses related to personal or professional development of the licensee, or courses directly associated with the administration of the licensee's practice, shall be accepted towards satisfaction of continuing professional education requirements. Included in this category are cour…

(a) The following qualify as continuing professional education programs provided they contain the subjects enumerated in N.J.A.C. 13:29-6.3 and 6.4 and meet the continuing professional education program criteria requirements as set forth in N.J.A.C. 13:29-6.6 or 6.6A. 1. Continui…

(a) In order to qualify as a continuing professional education sponsor in the subject matters set forth in N.J.A.C. 13:29-6.3 and 6.4, the sponsor shall submit an application form prescribed by the Board and obtain a sponsor number, except as provided in N.J.A.C. N.J.A.C. 13:29-6…

(a) Accredited universities and colleges, national and state professional organizations, and Federal and state government agencies that sponsor continuing professional education courses or programs, and continuing professional education sponsors registered with the National Assoc…

(a) Except for those sources of continuing professional education for which another system of credit calculation is set forth in this subchapter, a continuing professional education credit shall be equivalent to 50 minutes. The Board will accept partial credits of continuing prof…

(a) A licensee shall be primarily responsible for documenting satisfaction of continuing professional education requirements. Evidence to support fulfillment of continuing professional education requirements shall be maintained for a period of five years after the completion of e…

An individual who holds a valid and unrevoked license issued by any state or other political subdivision of the United States and who receives a license to practice in New Jersey under the appropriate provisions of N.J.S.A. 45:2B-42 et seq. and pursuant to N.J.A.C. 13:29-1A.8 sha…

(a) The following words and terms when used in this chapter shall have the following meanings, unless the context clearly indicates otherwise: "Arcade" means a place where a single player may play any one of a number of machines or devices, upon payment of a fee, to attempt to ob…

(a) Each application for license shall be submitted in duplicate in form prescribed by the Commission. The application requests information which includes the following: name and address of the applicant, type and location of the game, and identification of the business form. (b)…

(a) Each individual applicant, the officers, directors, and stockholders (including the officers, directors and stockholders of any corporation holding five percent or more of the capital stock) of any corporate applicant, as well as the partners or members as the case may be, of…

No license shall be issued to any applicant if any of the persons required by N.J.A.C. 13:3-1.11 to be fingerprinted in connection with the application are not of good moral character or have ever been convicted of a crime unless the disqualification resulting from such convictio…

(a) No license shall be issued in any municipality unless and until the issuance thereof has been authorized by a resolution duly adopted by the municipal governing body which resolution shall, among other things, specifically recite: 1. That the premises to be licensed are locat…

(a) Each license certificate shall indicate:1. The name of the licensee; 2. The address of the licensed premises; 3. The name and detailed description of the kind of game licensed; 4. The amount of fee paid; 5. A statement of the dates and the hours between which such game may be…

(a) After municipal approval and the Commission's approval, the license certificate shall be prepared in quadruplicate. (b) The original shall be delivered to the licensee. (c) One of the copies shall be delivered to the municipality to be made part of its licensing records. (d) …

(a) Any license may be amended, upon application to the municipal governing body, a copy of which application must be submitted to the Commission, if the subject matter of the proposed amendment could lawfully and properly have been included in the original license, and upon paym…

(a) In case of death, bankruptcy, receivership or incompetency of the licensee, or if for any other reason the operation of the business covered by the license shall devolve by operation of law upon a person other than the licensee, application for extension of the license for a …

(a) Whenever any change, including, but not limited to, a change of seasonal or permanent address, occurs in the information as set forth in any license application, the licensee shall file with the Commission and the municipal governing body a notice in writing of such change wi…

No license shall be issued in any municipality for a place where an agricultural fair and exhibition is held unless and until a photostatic or other copy of the certificate of the State Department of Agriculture has been submitted to the municipality evidencing that the fair and …

(a) No license shall be issued to authorize the operation and conduct of any amusement game unless the game is: 1. Played for amusement or entertainment; 2. One in which the person or player actively participates; 3. One in which the outcome is not in the control of the operator;…

No license shall be issued under the Amusement Games Licensing Law ( P.L. 1959, c.109) to authorize the holding, operation or conduct of any bingo game nor for any draw raffle. Notes N.J. Admin. Code § 13:3-1.3

No license shall be issued to authorize the holding, operation or conduct of any game not certified as permissible by the Legalized Games of Chance Control Commission pursuant to N.J.A.C. 13:3-7, Certification, and any license issued with respect to any certified game shall autho…

(a) No license shall be issued in any municipality unless and until an ordinance shall have been adopted by the municipal governing body: 1. Declaring that a recognized amusement park exists in the municipality or that the municipality is a seashore or other resort containing an …