§ 7409. Mandatory continuing education. 1. a. Each certified public
accountant and public accountant required under article one hundred
thirty of this title to register triennially with the department to
practice in the state shall comply with the provisions of the mandatory
continuing education requirements except as set forth in paragraphs (b)
and (c) of this subdivision. Such certified public accountants and
public accountants who do not satisfy the mandatory continuing education
requirements shall not practice until they have met such requirements,
they have paid all applicable fees, and they have been issued a
registration or conditional registration certificate.

b. In accordance with the intent of this section, adjustments to the
mandatory continuing education requirement may be granted by the
department for reasons of health certified by a physician, for extended
active duty with armed forces of the United States, or for other good
cause acceptable to the department which may prevent compliance.

c. Certified public accountants or public accountants not engaged in
practice as defined in section seventy-four hundred one of this article,
shall be exempt from the mandatory continuing education requirement upon
the filing of a written statement with the department declaring such
status pursuant to subdivision four of section sixty-five hundred two of
this title. Any certified public accountant or public accountant who
resumes practice during the triennial registration period shall notify
the department prior to resuming practice and shall pay the current
mandatory continuing education fee and shall meet such mandatory
continuing education requirements as shall be prescribed by regulations
of the commissioner.

2. a. During each year of the triennial registration period beginning
September first, nineteen hundred ninety and ending September first,
nineteen hundred ninety-three and each registration period thereafter
but ending on the period that ends on December thirty-first, two
thousand ten, an applicant for registration shall have the option of:
(1) completing a minimum of forty contact hours of acceptable formal
continuing education in recognized areas of study, or (2) completing a
minimum of twenty-four contact hours of acceptable formal continuing
education concentrated in any one of the following three subject areas:
auditing, accounting, or taxation.

b. For applicants whose triennial registration date occurs on or after
January first, two thousand nine, for each calendar year beginning with
the two thousand nine calendar year, an applicant for registration shall
have the option of (1) completing a minimum of forty contact hours of
acceptable formal continuing education in recognized areas of study
pursuant to subdivision four of this section, or (2) completing a
minimum of twenty-four contact hours of acceptable formal continuing
education concentrated in any one of the recognized areas of study
pursuant to subdivision four of this section; provided, however, that
any continuing education contact hours earned between September first,
two thousand eight and December thirty-first, two thousand eight may be
credited toward the minimum contact hours required for the calendar year
beginning January first, two thousand nine.

c. A certified public accountant or public accountant who has not
satisfied the mandatory continuing education requirements shall not be
issued a triennial registration certificate by the department and shall
not practice unless and until a registration or conditional registration
certificate is issued as provided in subdivision three of this section.
No hourly credits may be transferred from one year to a subsequent year
except as provided in paragraph b of this subdivision. The individual
certified public accountant or public accountant shall determine the
selection of courses or programs of study pursuant to subdivision four
of this section.

3. The department, in its discretion, may issue a conditional
registration to a certified public accountant or public accountant who
fails to meet the continuing education requirements established in
subdivision two of this section but who agrees to make up any
deficiencies and take any additional education which the department may
require. The fee for such a conditional registration shall be the same
as, and in addition to, the fee for the triennial registration. The
duration of such conditional registration shall be determined by the
department. Any certified public accountant or public accountant who is
notified of the denial of registration for failure to submit evidence,
satisfactory to the department, of required continuing education and who
practices public accountancy without such registration, may be subject
to disciplinary proceedings pursuant to section sixty-five hundred ten
of this title.

4. As used in subdivision two of this section, "acceptable formal
continuing education" shall mean formal programs of learning which
contribute to the growth in the professional knowledge and professional
competence of the licensee which meet the standards prescribed by
regulations of the commissioner. Recognized areas of study shall include
but not be limited to: accounting, attest, auditing, taxation, advisory
services, specialized knowledge and applications related to specialized
industries, and such other areas appropriately related to the practice
of accounting as may be acceptable to the department. To fulfill the
mandatory continuing education requirement, programs must be taken from
sponsors approved by the department, pursuant to the regulations of the
commissioner.

5. The mandatory continuing education fee shall be determined by the
regents, shall be payable on or before the first day of each triennial
registration period, and shall be paid in addition to the triennial
registration fee required by section seventy-four hundred four of this
article.