California § 41020.5

§ 41020.5.

(a) (1) If the Controller determines by two consecutive quality control reviews pursuant to Section 14504.2, or if the Superintendent, a chartering authority, or a county superintendent of schools determines, that audits performed by a certified public accountant or public accountant under Section 41020 were not performed in substantial conformity with provisions of the audit guide, or that the audit reports, including amended reports, submitted by February 15 following the close of the fiscal year audited, for two consecutive years do not conform to provisions of the audit guide as required by Section 14504, the Controller, the Superintendent, the chartering authority, or the county superintendent of schools, as appropriate, shall notify in writing the certified public accountant or public accountant and the California Board of Accountancy. (2) If the certified public accountant or public accountant does not file an appeal in writing with the California Board of Accountancy within 30 calendar days after receipt of the notification from the Controller, the Superintendent, the chartering authority, or the county superintendent of schools, the determination of the Controller, the Superintendent, the chartering authority, or the county superintendent of schools pursuant to this section shall be final. (b) If an appeal is filed with the California Board of Accountancy, the board shall complete an investigation of the appeal within 90 days of the filing date. On the basis of the investigation, the board may do either of the following: (1) Find that the determination of the Controller, the Superintendent, the chartering authority, or the county superintendent of schools should not be upheld and has no effect. (2) Schedule the appeal for a hearing, in which case, the final action on the appeal shall be completed by the board within one year from the date of filing the appeal. (c) If the determination of the Controller, the Superintendent, the chartering authority, or the county superintendent of schools under subdivision (a) becomes final, the certified public accountant or public accountant shall be ineligible to conduct audits under Section 41020 for a period of three years, or, in the event of an appeal, for any period, and subject to the conditions, that may be ordered by the California Board of Accountancy. Not later than the first day of March of each year, the Controller shall notify each school district, educational joint powers authority, charter school, and county office of education of those certified public accountants or public accountants determined to be ineligible under this section. School districts, educational joint powers authorities, charter schools and county offices of education shall not use the audit services of a certified public accountant or public accountant ineligible under this section. (d) For purposes of this section, “certified public accountant or public accountant” includes any person or firm entering into a contract to conduct an audit under Section 41020. (e) This section does not preclude the California Board of Accountancy from taking any disciplinary action it deems appropriate under other laws.