REVISIONS TO RULES OF OK. ST. BD. OF EXAMINERS OF CERTIFIED SHORTHAND REPORTERS
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REVISIONS TO RULES OF OK. ST. BD. OF EXAMINERS OF CERTIFIED SHORTHAND REPORTERS
2003 OK 107
Case Number: SCAD-2003-92
Decided: 12/09/2003
THE SUPREME COURT OF THE STATE OF OKLAHOMA
ADMINISTRATIVE DIRECTIVE
Pursuant to the authority granted to the Supreme Court by 20 O.S. § 1502, the revisions to The Rules of the Oklahoma State Board of Examiners of Certified Shorthand Reporters (Appendix B) are hereby approved and become effective January 1, 2004.
DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 8th day of December, 2003.
/S/CHIEF JUSTICE
ALL JUSTICES CONCUR.
APPENDIX "A"
RULES OF THE OKLAHOMA
STATE BOARD OF EXAMINERS
CERTIFIED SHORTHAND REPORTERS
RULE
1.
Administration
2. Times and Place
of Holding Examinations
3.
Eligibility
4.
Dictation Speeds Test
Requirements
5.
Transcripts - Supplies
6.
Required Accuracy
7.
Time
8. Identity of
Candidates
9. Turning in of
Transcripts and Notes
10. Property of the
Board
11. Standards for Scoring
Transcripts
12. Notification of Results
of Examination
13. Destruction of
Papers
14.
Enrollment
15. Certificates -
Abbreviations - Seal
16. Duplicate
Certificates
17. Change of
Name
18.
Roll
19.
Reciprocity
20. Renewal
Fees
21.
Repealed Continuing Education
Rule 1. Administration
The examination of a candidate who seeks enrollment as a certified shorthand reporter shall be under the direction and control of the Board.
Rule 2. Time and Place of Holding Examinations
a. An examination for the qualification of candidates for certificates shall be conducted at least once a year at a specific time and location selected by the Board.
b. Candidates who have been found by the Board to be qualified for the examination, pursuant to the statute(s) and these rules shall governing the practice of court reporting and these rules, to sit for examination, shall be notified in writing of the time and place of such examination not later than thirty (30) days preceding prior to the examination date.
Rule 3. Eligibility
Every candidate who seeks to be examined for enrollment as a certified shorthand reporter shall:
a. Prove to the satisfaction of the Board that he/she is:
1. of legal
age;
2. meets the requisite standards of
ethical fitness;
3. and has at least a high
school education, or the equivalent thereof.
This information shall be furnished to the Board by a sworn, notarized affidavit.
b. Submit to the Secretary of the Board, or a designee, a properly completed application form provided by the Board, accompanied by such evidence, statements or documents as therein required by the Board, including an examination fee receipt from the Clerk of the Supreme Court showing payment of $35.00 by Oklahoma residents or $75.00 by out-of-state residents the fees required by the Board and approved by the Supreme Court.
c. Declare that he/she is a writer of shorthand by one of the accepted methods set forth in 20 O.S.2003 §1503 and;
e. Academic dishonesty during the examination process will result in the
A candidate who has previously failed an examination may be re-examined at any subsequent regular examination upon giving the Board notice via the standard application. The application must be accompanied by the examination fee as set by the Board and approved by the Supreme Court. of $35.00 for Oklahoma residents or $75.00 by out-of-state residents. Applicants are no longer not allowed to rollover previous testing fees upon failure to pass an examinationor any portion thereof.
A candidate who has successfully completed the written knowledge portion of the examination may retain this credit for that portion of the examination for two (2) years from the date passed and will not be required to retake that portion of the examination during the two (2) year period. There will be no reduction in examination fee for any applicant retaining credit for the written knowledge portion of the examination.
Rule 4. Dictation Speeds Test Requirements
The examination for certified shorthand reporter shall consist of:
a. A two-voice question and answer dictation of testimony at 200 words per minute for five minutes. Questions and answers will not be read nor counted as words, but must be appropriately indicated in the transcript.
b. A five-minute dictation of literary material at 180 words per minute. The applicant will have two hours to transcribe both the question and answer dictation and the literary dictation. One hour will be given for the transcription of the question and answer dictation and one hour will be given for the transcription of the literary dictation.
c. Proof of Passing the Registered Professional Reporter Examination of the National Court Reporters Association or an equivalent test as authorized by the Supreme Court, pursuant to the requirements of 20 O.S. 2003 §1503B(1) may be substituted for the literary material and question and answer portions of the examination.
d. A written knowledge test of not less than twenty-five (25) multiple- choice questions and/or true and false questions relating to Oklahoma law and court rules. This section of the examination will be administered in forty-five (45) minutes. Applicants will be provided with the study aids from which the test questions will be taken.
Rule 5. Transcripts - Supplies
a. The test transcript is to be typewritten and Each candidate shall furnish all supplies and equipment necessary for taking to take and transcribing transcribe the test, with the exception of transcription paper. Prior to each examination the Board will advise applicants of the permitted computer and\or word processing equipment that may be used to transcribe the examination.
Rule 6. Required Accuracy
In order to pass the examination, candidates applicant will be required to attain 95 percent accuracy, which is defined as a maximum of fifty (50) errorson the question and answer portion of the skills examination and a maximum of forty-five (45) errors on the literary portion of the skills examination. A passing score on the written knowledge portion of the examination is seventy (70) percent or better.
Time for transcription of the skills portions of the test shall be one two (2) hours.The time for the written knowledge portion of the examination will be forty-five (45) minutes.
Rule 8. Identity of Candidates
The identity of each candidate applicant shall be and shall remain unknown to the Board until after the final results are announced. Before the commencement of the examination, an identifying number shall be assigned to each candidate applicant. by the Secretary of the Board. The candidate applicant shall enter such number and date on each group of papers used in the examination and shall not enter his/her name at any place on the examination papers. Failure to follow these procedures will result in automatic failure of the examination.
Rule 9. Turning in of Transcripts and Notes
Each candidate applicant, upon completion of the transcription of his/hers notes, shall turn in the transcript with the diskette record, if any, and the notes to the Board. Each candidate applicant who commences but does not finish the assigned examination shall turn in his/hers the notes, together with the diskette record, if any, and the portion of the transcript, he/she that has been finished completed. Each applicant An applicant who does not transcribe his/hers their notes shall turn in his/hers the notes and the diskette record, if any, before leaving the examination room. Computerized records not on diskette shall be erased by the applicant prior to leaving the examination room.
Rule 10. Property of the Board
Notes, examination papers, computer diskettes and transcripts shall become the property of the Board.
Rule 11. Standards for Scoring Transcripts
The following guidelines will be used by the Board in scoring transcripts:
a. One error will be counted for,
1. Each wrong word or
wrong form thereof,
2.
Each omitted, added or misplaced
word,
3. Each misspelled
word or proper name in common
use,
4. Each omitted
capital letter clearly
needed,
5. Each incorrect
number as it is
spoken,
6. Each improper
designation of either the Q or
A,
7. Each contraction
error, unless the difference in sound is not easily discernible,
and
8. Each
transposition of one or more words.
b. Five errors will be counted for an aggregate of punctuation errors, which reflect an absence of knowledge on the part of the candidate on the basic rules of punctuation.
c. Each segment of a hyphenated word is subject to one error.
d. Each error will be indicated by a (_) (¼) right above it and in case of omitted or added words, the number of omissions or additions will precede the check mark.
e. When five errors are assessed for an aggregate of punctuation errors, that fact shall be indicated by the Board at the top of the first page of the test.
f. The following will not be counted as errors:
1. X-ing out of one
or more complete words, if done by
typewriter,
2.
Hyphenation errors, including wrong end-of-line word
division,
3. Spacing
errors,
4. Optional
spelling of a word as indicated in a standard
dictionary,
5.
Misspelling or phonetic spelling of unusual proper names, unless the correct
spelling has been given prior to the test,
and
6. Punctuation errors
not falling into the classification of 11(b.)
above.
Rule 12. Notification of Results of Examination
a. Each
candidate who completes the test shall be notified in writing by the Secretary
of the Board whether he/she has passed or failed within thirty (30)
days from the date of the
examination.
b.
A candidate who completes the test, but fails to pass and who desires to
inspect his/her examination papers, shall address a request in writing
to that effect to the Secretary of the Board within thirty (30) days of the
date appearing on the notification of the results of the examination.
c. If one of the skills
examinations was a failing score, the second portion of the skills examination
is not graded and will not be sent to the applicant.
d.
The written knowledge portion of the
examination will not be returned to the applicant.
Rule 13. Destruction of Papers
The examination papers of all candidates shall be destroyed ninety (90) days following the date written notice of the result of the examination has been mailed to the examinees.
Rule 14. Enrollment
a. All examinees who successfully pass the CSR examination and have otherwise been found and approved by the Board to be fit and proper persons, in accordance with the statutes and these rules, shall be recommended by the Board to the Supreme Court for official enrollment as certified shorthand reporters.
b. All persons who successfully pass all three four elements of the CP or CM examinations (three (3) skills elements and one (1) written knowledge element) of the RPR (Registered Professional Reporter) or RMR (Registered Merit Reporter) examinations given by the Board or recognized by the Board and who are certified shorthand reporters employed by the State of Oklahoma shall be recommended by the Board to the Supreme Court for official enrollment as certificate of proficiency or certificate of merit shorthand reporters Registered Professional Reporters or Registered Merit Reporters. All persons who pass the one (1) element of the CRR (Certified Realtime Reporter) examination or the written knowledge element of the RDR (Registered Diplomate Reporter) examinations given by the Board or recognized by the Board and who are certified shorthand reporters employed by the State of Oklahoma shall be recommended by the Board to the Supreme Court for official enrollment as Certified Realtime Reporters or Registered Diplomate Reporters.
Rule 15. Certificates - Abbreviations - Seals
Each person enrolled by the Supreme Court as a certified shorthand reporter or licensed shorthand reporter shall thereupon receive an appropriate certificate signed by the Chief Justice of the Supreme Court and attested by the Clerk. In addition thereto, each person enrolled as a certified shorthand reporter shall be entitled to use the abbreviation C.S.R. after his/her name, and those who are residents of the State of Oklahoma shall receive from the Board, without additional charge, a stamp/seal with his/her name and the words "Oklahoma Certified Shorthand Reporter" embossed thereon. Each person enrolled as a licensed shorthand reporter shall be entitled to use the abbreviation L.S.R. after his/her name and those who are residents of the State of Oklahoma shall receive from the Board, without additional charge, a stamp/seal with his/her name and the words "Oklahoma Licensed Shorthand Reporter" embossed thereon.
Rule 16. Duplicate Certificates
Upon the written request of a certificate holder, accompanied by an affidavit showing to its satisfaction the loss, mutilation or destruction of his/her original certificate, the Board may authorize the issuance of a duplicate certificate.
Rule 17. Change of Name or Address
Whenever the certificate holder changes his/her name according to law and presents evidence satisfactory to the Board, upon surrender of the original certificate, the Board shall authorize the issuance of a duplicate certificate setting forth the name of the certificate holder as changed.
It is the responsibility of each certified, licensed or acting shorthand reporter to notify the Board or the Administrative Office of the Courts of any change of name or address.
Rule 18. Roll
The Secretary of the Board or the Administrative Office of the Courts shall keep a current roll of certified, licensed shorthand reporters, official or unofficial, regular or temporary or acting shorthand reporters. All mailings by the Board or the Administrative Office of the Courts concerning certificate or license renewal fees, continuing education or a possible disciplinary violation shall be made to the most recent address that the license or certificate holder has provided to the Board or the Administrative Office of the Courts.
Rule 19. Reciprocity
It shall be the responsibility of the Board to recommend to the Supreme Court for approval the court reporter tests deemed equivalent to the Registered Professional Reporter Examination of the National Court Reporters Association (NCRA), pursuant to 20 O.S. § 1503. A person holding a current certificate from another state who has passed an examine holder of a Certificate of Proficiency or Certificate of Merit issued by indicating that he/she has passed an test approved by the Supreme Court or who is the holder of current Registered Professional Reporter (RPR) or Registered Merit Reporter (RMR) status with the National Shorthand Reporters Association, may be enrolled without examination as an Oklahoma certified shorthand reporter upon satisfying the Board that his credential are in proper order and that he is a resident of Oklahomawill not be required to take the skills examinations required by 20 O.S. 2003 § 1503 B. 1. The applicant must, prior to certification, pass the Oklahoma written knowledge portion of the examination.
Rule 20. Renewal Fees
b. On July 1st of each year dues period, all certificates or licenses, which have not been renewed by the payment of the annual renewal fee, shall expire be suspended by the Supreme Court of Oklahoma.
c. A expired suspended license may be reinstated at any time within the following six four months, up to and including December October 31st, by payment of the delinquent renewal fees and any delinquent payment fee as set by the Board, with the approval of the Supreme Court. After that time, an expired certificate or license shall not be subject to reinstatement without re-examination be revoked by the Supreme Court of Oklahoma and shall not be subject to reinstatement without examination.
Rule 21. Continuing Education
a. All court reporters certified, licensed, or the holder of a temporary certificate as an acting court reporter by the Supreme Court of Oklahoma must complete a total of four (4) hours of continuing education per calendar year.
All official court reporters and all court reporters temporarily employed by the District Courts of Oklahoma, the Workers' Compensation Court and the Corporation Commission must complete one (1) hour of continuing education per calendar year on Oklahoma Court Rules and Procedures. This shall be included in the required four (4) hours of continuing education.
b. Reporters are exempt from this requirement if they file a verified oath requesting exemption with the Board and said exemption is approved by the board. The oath shall include one of the following grounds for exemption:
i.
The reporter attained the age of sixty-five (65) before or during the
calendar year for which the reporter seeks an exemption;
ii. The reporter is a
member of the armed forces on full-time active duty during the entire calendar
year for which the reporter seeks an
exemption;
iii. The reporter has
provided written verification by a licensed physician that a medical condition
has prevented the court reporter from working as a court reporter and
completing continuing education for the calendar year for which the reporter
seeks an exemption.
c. The following standards will govern the approval of continuing education programs by the Board.
d. The program must have significant intellectual or practical content and its primary objective must be to increase the court reporter's professional competence as a reporter.
e. The program must be offered by a sponsor having substantial, recent experience in offering continuing court reporter education of demonstrated ability to organize and present effectively continuing court reporter education. Demonstrated ability arises partly from the extent to which individuals with court reporter and/or legal training or educational experience are involved in the planning, instruction and supervision of the program.
f. The program itself must be conducted by an individual or group qualified by practical or academic experience. The program including the named advertised participants must be conducted substantially as planned, subject to emergency withdrawals and alterations.
g. Thorough, high quality, readable, and carefully prepared written materials must be made available to all participants at or before the time the course is presented, unless the absence of such materials is recognized as reasonable and approved by the Board. A mere outline without citations or explanatory notations will not be sufficient.
h. The program must be conducted in a comfortable physical setting, conducive to learning and equipped with suitable writing surfaces.
i. Approval may be given for programs where audiovisual recorded or reproduced material is used. Television video programs and motion picture programs with sound shall qualify for CE credit in the same manner as a live CE program provided: (a) the original CE program was approved for CE credit as provided in these regulations or the visual recorded program has been approved by the Board under these rules, and (b) each person attending the visual presentation is provided written material as provided above and there are a minimum of five (5) persons enrolled and in attendance at the presentation of the visually recorded program.
j. Programs that cross academic lines may be considered for approval except for that portion of the education that must be on Oklahoma Court Rules and Procedures.
k. Continuing legal education programs sponsored by the following organizations are presumptively approved for credit, provided that the standards set out in these Rules are met:
l. Approved seminars may be advertised in informational brochures and program materials provided by the sponsoring body. The organizations whose programs are presumptively approved shall give adequate notice that a program or seminar it conducts is not approved for CE credit in the event the program or seminar does not meet the standards set forth above. The Board may at any time re-evaluate and grant or revoke presumptive approval of a provider.
m. Any organization not included paragraph k above, desiring approval of a course or program shall apply to the Board by submitting an application in letter form with supporting documentation at least ninety (90) days prior to the date for which the course or program is scheduled. The Secretary of the Board will advise the applicant in writing by mail whether the program is approved or disapproved.
n. The application required by paragraph m, above, must contain the following information, in written form:
1. The location of
the training;
2. The date of the
training;
3. A complete agenda of the
training, to include the faculty;
4.
The number of hours of training to be
dedicated to Oklahoma Court rules and procedures must be clearly indicated in
the request for approval of continuing education credit.
o. A court reporter desiring approval of a course or program which has not otherwise been approved shall apply to the Board by submitting an application in letter form with supporting documentation as follows:
(i) If approval is requested before the course or program is presented the application and supporting documentation shall be submitted at least sixty (60) days prior to the date for which the course or program is scheduled.
(ii) If approval is requested after the applicant has attended a course or program the application and supporting documentation shall be submitted within ninety (90) days after the date the course or program was presented or prior to the end of the calendar year in which the course or program was presented, whichever is earlier.
The Secretary of the Board shall advise the court reporter by mail whether the program is approved or disapproved. If the course is approved, the court reporter(s) attending the course for credit must arrange with the provider to provide directly to the Board a list of attendees as provided in paragraph q below. No verification of attendance will be accepted directly from the court reporter.
p. The provider of an approved continuing education program may announce or indicate as follows:
This course has been approved by the State Board of Examiners of Certified Shorthand Reporters for ________ hours of CE credit.
q. The Board or the Administrative Office of the Courts, upon approval of a continuing education program or the announcement of a continuing education program by an approved sponsor, may submit to the program provider a list of name and address information for court reporters as listed on the Roll of Certified, Licensed or Acting Court Reporters or mailing labels for those reporters. It is the responsibility of the sponsor to notify court reporters of the training and to request the mailing labels.
r. Within thirty days (30) days following an approved continuing education program the sponsor or accrediting entity shall furnish to the Board and/or the Administrative Office of the Courts an alphabetized list of attendees. No other verification of attendance at any continuing education program will be accepted. No verification of attendance may be made directly by the court reporter to the Board.
s. On or before February 15th of each year, every person with the status of certified, licensed or acting court reporter granted by the Supreme Court of Oklahoma shall submit a report on a form as prescribed by the Board or the Administrative Office of the Courts all information concerning such court reporter's completion of, or approved substitute for, the minimum hours of instruction for the proceeding calendar year.
t. Sponsors of the seminars or courses qualifying for Mandatory Continuing Court Reporter education credits shall keep records of attendance for a period of two (2) years following the date of the course or seminar.
u. Failure to complete the continuing education and to document the completion of same may result in the suspension, revocation, or cancellation of the court reporters' license or certificate by the Board, upon approval of the Supreme Court.
APPENDIX "B"
RULES GOVERNING DISCIPLINARY
PROCEEDINGS OF
THE STATE BOARD OF EXAMINERS OF
CERTIFIED SHORTHAND
REPORTERS
Rule
1.
Persons to whom rules
apply
2. Grounds for
discipline
3. Administrative
suspension for nonpayment of renewal
fee
4. Administrative
Suspension for failure to obtain the required hours of Continuing
Education
5.
Complaints
6. Formal
proceedings, how commenced
7.
Hearings
8. Transmittal of
recommendation and review by Supreme
Court
9.
Reinstatement
Rule 1. Persons to Whom Rules Apply
These rules shall apply to all persons certified or who are enrolled as court reporters under the rules of the Board of Examiners of Official Certified Shorthand Reporters, 20 O.S. § 2003, Ch. 20. App., all persons certified or licensed as court reporters by the Oklahoma Supreme Court, and all persons holding the status of acting court reporter, regular or temporary. 20 O.S. § 2003, Section 106.3B(c). All of the foregoing persons are collectively referred to as "court reporters."
Rule 2. Grounds for Discipline
The Board shall on complaint, or as otherwise hereafter provided, conduct proceedings, on reasonable notice, the object of which are is to recommend to the Supreme Court discipline of any court reporter, where it shall be determined there exists any of the following grounds.
a. Conviction of a felony, or of a misdemeanor involving moral turpitude Final conviction of a criminal offense which indicates a clear and rational likelihood that the reporter will not properly discharge the responsibilities of a person licensed or certified as a court reporter, pursuant to 20 O.S. 2003 § 1501 et. seq. or serving as a Court Reporter pursuant to 20 O.S. 2003 Section 106.3B;
b. The intentional misrepresentation of any fact in obtaining enrollment licensure under Rule 14, 20 O.S. 1991, Ch. 20, App.or the gross negligence of any applicant in representing as true any such facts ultimately determined to be false;
c. Any intentional violation of, or noncompliance with or gross negligence in complying with any rule or directive of the Supreme Court;
d. Fraud, gross incompetence, or gross or habitual neglect of duty;
e. Intentional violation of duties, gross or habitual neglect of duties as prescribed by statute, 20 O.S. 1991, Section 106.4, or any other duties prescribed by law or rule of the Board Engaging in the practice of shorthand reporting using a method for which the reporter is not certified;
f. Engaging in the practice of shorthand reporting while certification is suspended;
g. Nonpayment of renewal dues and/or delinquent fees;
h. Failure to obtain the required number of hours of continuing education in any calendar year;
i. A violation of 20 O.S. Section 1513.
Rule 3. Administrative Suspension for Nonpayment of Renewal Fee
Suspension of a court reporter for nonpayment of renewal fees shall be as provided in Rules of the State Board of Examiners of Official Certified Shorthand Reporters, and as set forth below. 20 O.S. § 2003, Ch. 20, App., Rule 20. The formal disciplinary procedures provided for by these rules have no application to suspensions based solely on nonpayment of renewal dues.
a. The Board will administratively suspend by transmitting to the Supreme Court a list of those persons who have not paid their renewal dues by July 1st of each odd-numbered year dues period, and further the Board will notify all such persons, by certified mail, return receipt requested, to the last known address of the person provided to the Secretary or the Board or the Administrative Office of the Courts that they have been suspended for nonpayment of renewal dues
b. Payment of such renewal dues, and/or delinquent fees at any time within the next six(6) four (4) months shall entitle such person to reinstatement without hearing.
c. At the end of the succeeding six four (4) months, or January 1st October 31 of the following same year, the licenses and certificates of those who have not paid their renewal dues and/or delinquent fees shall be revoked administratively without further notice. In order to obtain a reinstatement, all parties must comply with the provisions of Rule8 9 hereof.
d. Renewal fees shall be payable on or after the 1st day of January of each year dues period, or as directed by the State Board of Examiners of Certified Shorthand Reporters and as approved by the Supreme Court, and as provided in the Rules of the State Board of Examiners of Official Certified Shorthand Reporters, 20 O.S. § 2003, Ch. 20, App., Rule 20 . Failure of a court reporter to pay renewal fees on or before the first day of July of each odd-numbered year dues period, or as directed by the Board, shall result in the Board recommending to the Supreme Court the suspension of the court reporter's license or certificate. The order of the Supreme Court approving the recommendation of the Board shall operate to suspend the license or certificate of the court reporter without necessity of hearing. The court reporter shall be notified by certified mail to the last known address of the reporter as provided to the Secretary of the Board or the Administrative Office of the Courts, of the order of the Court. Within six (6) four (4) months of the order, but not later than the last day of December October of each odd-numbered year in which dues are payable, should the court reporter suspended for nonpayment of renewal fees pay all renewal fees and delinquent fees then due, the court reporter shall be administratively reinstated without need for application or hearing. The continued delinquency of renewal fees beyond one year ten months shall result in the revocation of the court reporter's license or certificate without further action of the Board or the Supreme Court. Thereafter, reinstatement of the court reporter shall be as provided in Rule 8 9 hereof.
Rule 4. Administrative Suspension for Failure to obtain the required hours of Continuing Education
Suspension of a certified/licensed, or acting court reporter, pursuant to 20 O.S. 2003 § 106.3B for failure to obtain the required hours of continuing education in any calendar year, defined as January 1 through December 31 of any year, shall be as provided in Rules of the State Board of Examiners of Official Shorthand Reporters and as set forth below. The formal disciplinary procedures provided for by these rules have no application to suspensions based solely on failure to obtain the required hours of continuing education.
a. The Board will administratively suspend by transmitting to the Supreme Court a list of those persons who have not filed a compliance report concerning the previous year's continuing education by February 15 of each year, and further the Board will notify all such persons, by certified mail, return receipt requested, to the last known address provided to the Secretary of the Board or the Administrative Office of the Courts, that they have been suspended for failure to obtain the required hours of continuing education.
b. Filing of a complete compliance report at any time within the next six (6) months shall entitle such person to reinstatement without hearing. In no case may continuing education hours be used for more than one calendar year's compliance report.The State Board of Examiners of Certified Shorthand Reports may set a reinstatement or delinquent filing fee with the approval of the Supreme Court.
c. At the end of the six months, or no later then December 31 of the same year, the licenses, certificates or acting status as a court reporter of those who have not fulfilled their continuing education requirement and filed a compliance report shall be revoked administratively without further notice. In order to obtain a reinstatement, all parties must comply with the provisions of Rule 9 hereof.
d. Continuing education compliance reports must be filed by February 15 of each year, setting forth the previous year's continuing education, as provided in the Rules of the State Board of Examiners of Official Shorthand Reporters. Failure of a court reporter to file a compliance report on or before the fifteenth day of February of each year shall result in the Board recommending to the Supreme Court the suspension of the court reporter's license or certificate. The order of the Supreme Court approving the recommendation of the Board shall operate to suspend the license or certificate of the court reporter without necessity of hearing. The court reporter shall be notified by certified mail to the last known address of the reporter as provided to the Secretary of the Board or the Administrative Office of the Courts of the order of the Court. Within six (6) months of the order, but not later than the last day of December of each year, should the court reporter suspended for failure to file a compliance report, file a documented and correct report, the court reporter shall be administratively reinstated without need for application or hearing. The continued delinquency in the filing of a compliance report beyond six months from the date of the order suspending the reporter's license or certificate shall result in the revocation of the court reporter's license or certificate without further action of the Board or the Supreme Court. Thereafter, reinstatement of the court reporter shall be as provided in Rule 9 here in.
Rule 5. Complaints
The procedure for filing a complaint against a court reporter and the investigation of such complaint shall be as follows:
a. The Board shall furnish forms for a request for investigation to each person who alleges misconduct of a court reporter. Each complaint shall be in writing, although not necessarily in the prescribed form, and signed by the complainant. A complaint may be filed by any person, including other court reporters, who has knowledge or information of misconduct of a court reporter.
b. Complaint shall be filed with the Secretary of the Board, who shall transmit copies to all members of the Board. The Board shall conduct preliminary investigation to determine whether there are facts sufficient to warrant formal disciplinary proceedings.
1. The Board may, in its sound discretion, solicit additional information from the complainant;
2. Interview or subpoena potential witnesses; and/or
3. Inform the court reporter involved of the nature of the complaint and afford the court reporter an opportunity to respond thereto in writing.
c. Should the Board vote not to commence formal disciplinary proceedings, the complainant and the court reporter involved shall be promptly so notified by the Secretary of the Board. The complainant may by Petition for Review filed with the Clerk of the Supreme Court not more than thirty (30) days from the date of the decision seek to have such decision reviewed, and such petition shall be processed by the Court as in other appeals from recommendations of the Board or as hereinafter provided.
Rule 6. Formal Proceedings, How Commenced
a. Upon an affirmative vote of the Board to commence formal disciplinary proceedings, the Secretary of the Board shall prepare a formal complaint. The formal complaint shall be styled:
BEFORE THE STATE BOARD OF EXAMINERS OF OFFICIAL
CERTIFIED
SHORTHAND REPORTERS
The State of Oklahoma ex rel. State Board
of
Examiners of Official
Certified Shorthand
Reporters,
Complainant, No.
v.
(Name of
Accused),
Respondent,
COMPLAINT
The Complaint shall state the specific facts constituting the alleged misconduct, whether prior misconduct has resulted in discipline, and whether prior investigations of misconduct are to be relied upon to enhance discipline. Any prior act or conduct relied upon to enhance discipline shall be so stated and set forth by specific allegation of fact. The complaint shall be attested by the Chairman of the Board.
b. Should the complaint allege as grounds for discipline thefinalconviction of a court reporter of a felony or of a misdemeanor involving moral turpitude, in any jurisdiction,of a criminal offense which indicates a clear and rational likelihood that the court reporter will not properly discharge his or her duties and responsibilities as a certified or licensed shorthand reporter, there shall be attached thereto a certified copy of the charges upon which such conviction was had and a certified copy of the judgment and sentence of conviction. Such documents, regardless of the pendency of an appeal, shall constitute the charge and be conclusive evidence of the commission of the crime upon which the judgment is based and shall suffice as the basis for discipline in accordance with these rules. Thereafter, the issues in a formal proceeding shall be limited to whether the misdemeanor conviction involves moral turpitude and the nature of the discipline imposed falls within the requirement that the conviction of the said crime will preclude the court reporter from performing his or her duties under the statutes and rules relating to court reporters.
If an appeal is perfected from the judgment of conviction and such judgment is reversed, the disciplinary proceedings based on such conviction shall be dismissed immediately and the court reporter involved restored to his/her former status. Nothing contained herein shall prevent the Board from initiating and conducting formal disciplinary proceedings upon charges identical to those set forth in a criminal complaint, indictment, or information, notwithstanding the pendency or final disposition of the criminal action.
c. The Secretary of the Board shall cause the complaint together with notice of a hearing before the Board thereon to be sent to the court reporter involved. Hearing before the Board shall not be set for earlier than thirty (30) days from date of mailing of the complaint and notice. The Board may in its discretion grant continuances for good causes shown.
d. Upon timely written request therefore, but not less than ten (10) days prior to hearing date, the court reporter involved is entitled to be provided with a list of all witnesses the Board reasonably anticipates may be called as witnesses against the court reporter and copies of all documentary evidence supporting the allegations of the complaint. (These will be submitted by the Attorney General or one of his staff.) The court reporter, not less than five (5) days prior to hearing, shall submit a list of all documentary evidence the court reporter intends to introduce as evidence in defense of the charges in the complaint or as to mitigation of discipline. The Board may in its discretion and for good cause shown modify time limits herein imposed.
Rule 7. Hearings
a. The Board, under signature of the Chairman on behalf of the Board, shall have power to issue subpoenas to compel the attendance of witnesses on behalf of the State or the court reporter involved. The Chairman shall preside over formal disciplinary hearings and, if necessary, rule on questions of procedure. A complete stenographic record of formal disciplinary hearings before the Board shall be kept.
b. The formal rules of evidence shall not apply to disciplinary hearings before the Board. Any evidence offered on behalf of the State Complaintant or the court reporter shall be received and considered unless clearly irrelevant to the proceedings. The court reporter shall have the right to appear personally or through counsel, cross-examine witnesses and present evidence on his/her own behalf. The State Complaintant shall have the burden of persuasion on the material elements of the Complaint. Hearings may be adjourned or continued to a date certain, as the Board in its discretion shall decide.
c. All proceedings before the Board shall be open and conducted in full compliance with the Open Meeting Law (25 O.S.2003 § 301, et seq.), except that the Board, when acting in its capacity as a quasi-judicial body, may adjourn to an executive session for purposes of deliberations only. All votes of the Board on disciplinary matters shall be publicly cast and recorded.
d. Decisions of the Board shall be in writing with findings of fact and conclusions of law as applicable. The decision of the Board shall reflect the votes of the members for or against the Board's recommendation. The written decision of the Board shall constitute its recommendation to the Supreme Court for or against discipline and shall state facts and circumstances of each case. If the recommendation is for discipline, the Board may recommend:
1. Suspension for a period of time up to one year; or
2. Cancellation of enrollment of a certified court reporter or revocation of the license of a licensed court reporter or of the status of acting court reporter.
Rule 8. Transmittal of Recommendation and Review by Supreme Court
a. The decision of the Board, which constitutes its recommendation, shall be immediately transmitted to the Supreme Court, and copies thereof mailed to the court reporter involved. The record of the proceedings before the Board relative to any decision shall be transmitted to the Clerk of the Supreme Court not later than forty-five (45) days after the date of the Board's decision, unless an extension of time for preparation of the record is granted by order of the Supreme Court. The Secretary of the Board shall promptly notify the court reporter involved and the complainant of the completion and transmittal of the record.
b. Either the complainant or the court reporter may, within twenty (20) days of receipt of notice of completion and transmittal of the record, file their brief-in-chief contesting the Board's recommendation or any part thereof. Answer brief shall be filed ten (10) days after the filing of brief-in-chief. Reply briefs may be filed five (5) days after filing of answer briefs. Briefs shall be subject to the provisions of the Rules of the Supreme Court, Rules 10-24, 12 O.S., Ch. 15, App. 1, as amended and Rules of Appellate Civil Procedure, 12 O.S., Ch. 15, App. 2, Rule 1.28(b)-(f), as amended.
c. After filing of briefs the decision and recommendations of the Board shall stand submitted to the Supreme Court which may, in its sole discretion, adopt or reject such recommendations in whole or in part, remand with instructions or make such other disposition as the Supreme Court may deem proper, with or without oral argument or formal written opinion. Either party aggrieved by the decision of the Supreme Court may make application for rehearing as provided by the Rules of the Supreme Court, 12 O.S., Ch. 15, App. 1, Rule 28.
Rule 9. Reinstatement
a. Any court reporter who has been disciplined by suspension under order of the Supreme Court for a period of one (1) year or less shall be reinstated without further proceedings before the Board or order of the Supreme Court upon the filing of a verified application with the Secretary of the Board and a copy thereof with the Clerk of the Supreme Court, which shall state:
1. That the term of the suspension as ordered by the decision of the Supreme Court has expired;
2. That all costs of the formal disciplinary proceedings, including transcript costs, as well as renewal fees, have been paid by the applicant; and
3. That there does not is not currently pending before the Board any complaint of misconduct against the applicant.
4. That the applicant has not engaged in the practice of court reporting during the term of suspension.
Material deletions or misrepresentations in the application shall be grounds for discipline.
b. Any court reporter who has been disciplined by having had his/her enrollment canceled, who has had his/her license revoked or who has had his/her status of acting court reporter revoked by order of the Supreme Court after formal disciplinary proceedings, may seek reinstatement by filing a verified application with the Secretary of the Board and a copy with the Clerk of the Supreme Court, which application shall state:
1. The applicant's current home and business address, together with a narrative of his/her residence and employment history during the period of cancellation or revocation;
2. That the applicant has not, during the period of his/her cancellation or revocation, been finally convicted of a criminal offense which indicates a clear and rational likelihood that the reporter will not properly discharge the responsibilities of a person licensed pursuant to 20 O.S. §§ 1501 et. seq. and 20 O.S. §106.3B;
3. The names of at least five (5) persons who will testify as to the good moral character of the applicant;
4. That the applicant has paid all costs of the disciplinary proceedings resulting in his/her discipline, all renewal fees due but unpaid at the time of cancellation or revocation and will pay all costs attendant to processing of his/her application for reinstatement;
4. That the applicant has not engaged in the practice of court reporting during the term of suspension; and
5. That the applicant has taken and successfully passed the examination prescribed by the Board for certification of shorthand reporters.
Upon receipt of an application for reinstatement, the Secretary of the Board shall transmit copies of said application to all members of the Board. The Secretary shall thereafter cause said application to be set for hearing before the Board. Notice of hearing on the application shall be sent to the applicant and shall be published in the Oklahoma Bar Journal and in a newspaper of general circulation in the county of the residence of the applicant and, if different, also in the county of the applicant's residence at the time of his/her cancellation or revocation. The cost of such publication shall be included in the costs to be paid by the applicant. Said notice shall be published in one (1) issue of each such periodical and shall advise interested persons when and where the hearing will be conducted.
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