Indiana Administrative Code (Last Updated: December 20, 2016) |
Title 872. INDIANA BOARD OF ACCOUNTANCY |
Article 872IAC1. GENERAL PROVISIONS |
Rule 872IAC1-6. Peer Review |
Section 872IAC1-6-13. Informal dispute resolution
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(a) This section addresses informal dispute resolution that may be taken by the board as the result of a dispute between the administering entity or a reviewer and the firm being reviewed.
(b) This section does not increase or diminish hearings that may be required by IC 4-21.5-3 or other applicable statute and is not providing for hearings under IC 4-21.5-3. A dispute that has been addressed in an informal dispute resolution may still be a topic of a hearing under IC 4-21.5-3. In the event of such a hearing, the participation of the board and its members in an informal dispute resolution shall be considered a preliminary determination under IC 4-21.5-3-13(c).
(c) When a dispute occurs regarding the peer review report or corrective actions, or both, required as the result of a peer review, the administering entity shall notify the board in writing within thirty (30) days of the notification from the firm subject to the peer review report corrective action, or both. The notification to the board from the administering entity, a copy of which shall be sent to the firm, shall include the name of the firm and the peer review report and the correction action, as appropriate, and a discussion memorandum addressing the dispute. The board shall:
(1) set the matter for an informal hearing;
(2) notify the parties to the dispute;
(3) provide the parties with an opportunity to present evidence at hearing; and
(4) make a determination on the dispute.
(d) The board's determination in an informal dispute resolution shall govern how the administering entity and reviewer proceed regarding the issues involved but in no way limit the firm from arguing to the contrary in any proceeding under IC 4-21.5-3 and the determination shall not be considered to be final in any way for a proceeding under IC 4-21.5-3.
(e) The board may delegate an informal dispute resolution under this section to one (1) of its members. (Indiana Board of Accountancy; 872 IAC 1-6-13; filed Dec 5, 2008, 10:29 a.m.: 20081231-IR-872070306FRA; readopted filed Nov 12, 2010, 10:07 a.m.: 20101208-IR-872100410RFA; filed Jan 2, 2013, 3:43 p.m.: 20130130-IR-872120264FRA)
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