326.259. Missouri state board of accountancy established, appointment, members, qualifications, terms, removal.

Missouri state board of accountancy established, appointment,members, qualifications, terms, removal.

326.259. 1. The "Missouri State Board of Accountancy" is herebyestablished and shall consist of seven members, one of whom shall be avoting public member, and shall have the functions, powers and dutiesprescribed in this chapter.

2. Each member of the board, except the public member, shall be alicensee pursuant to the laws of this state, and shall at the time of hisor her appointment be a citizen of the United States, a resident of thisstate for at least one year and have practiced continuously as a licenseefor a period of at least five years immediately preceding his or herappointment. At the time of his or her appointment, the public membershall be a citizen of the United States, a resident of this state for aperiod of one year, a registered voter, a person who is not and never was amember of any profession licensed or regulated pursuant to this chapter orthe immediate family member of such a person, and a person who does nothave and never has had a material financial interest in either providingprofessional services regulated by this chapter, or an activity ororganization directly related to any profession licensed or regulatedpursuant to this chapter.

3. Members of the Missouri state board of accountancy appointedpursuant to section 326.160 prior to August 28, 2001, shall serve theremainder of their terms. Thereafter, the members of the board, includingpublic members, shall be chosen by the governor with the advice and consentof the senate from lists submitted by the director of the division ofprofessional registration. The chair of the largest membership stateorganization of certified public accountants which is dedicated tomaintaining the high professional and ethical standards of accountants aswell as protection of the public may submit a list of five licensees to thedirector of the division of professional registration for consideration asa board member, other than the public member. To be considered by thedirector of the division of professional registration, the list shall besubmitted at least ninety days prior to the expiration of the term of theboard member or as soon as feasible after a vacancy on the board occurs.The duties of the public member shall not include the determination of thetechnical requirements for licensure, whether any person meets thetechnical requirements, or the technical competence or technical judgmentof a certified public accountant or applicant for licensure.

4. The term of office of each board member appointed shall be fiveyears. Vacancies shall be filled by the governor for the remainder of theunexpired term. No person shall serve more than two consecutive terms oreleven years, whichever is less; except that a member may hold office untilhis or her successor is appointed and qualified. Any member who has servedtwo complete consecutive terms shall be ineligible to be reappointed untilone year has lapsed. No member whose term has been terminated for anyreason, other than the term's expiration, shall be eligible forreappointment until the lapse of one year. An appointment to fill anunexpired term shall not be considered a complete term.

5. The governor may remove any member of the board for misconduct,incompetency or neglect of official duties after giving the member writtennotice of the charges and an opportunity to be heard.

(L. 2001 H.B. 567)