Section 41020.5 Of Article 2. Accounting Regulations, Budget Controls And Audits From California Education Code >> Division 3. >> Title 2. >> Part 24. >> Chapter 1. >> Article 2.
41020.5
. (a) If the Controller determines by two consecutive
quality control reviews pursuant to Section 14504.2, or if 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 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.
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 or county superintendent of schools, the determination of
the Controller or 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 or 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 or 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 and county office of
education of those certified public accountants or public accountants
determined to be ineligible under this section. School districts 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 the 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 shall not preclude the California Board of
Accountancy from taking any disciplinary action it deems appropriate
under other provisions of law.