2005 Nevada Revised Statutes - Chapter 656 — Certified Court Reporters

CHAPTER 656 - CERTIFIED COURT REPORTERS

GENERAL PROVISIONS

NRS 656.010 Shorttitle.

NRS 656.020 Legislativedeclaration.

NRS 656.030 Definitions.

CERTIFIED COURT REPORTERS BOARD OF NEVADA

NRS 656.040 Creation.

NRS 656.050 Appointmentand qualifications of members.

NRS 656.070 Compensationof members and employees.

NRS 656.080 Officers;meetings.

NRS 656.090 Publicmeetings; executive sessions. [Repealed.]

NRS 656.100 Recordsof Board; report to Governor.

NRS 656.105 Confidentialityof certain records of Board; exceptions.

NRS 656.110 Dutyto administer chapter; power to appoint committees and employ persons;expenditures.

NRS 656.120 Sealof Board; collection of fees.

NRS 656.130 Issuanceof subpoenas; adoption of regulations.

NRS 656.140 Boardto aid profession.

LICENSING; CERTIFICATION; FEES

NRS 656.150 Applicationfor certificate; passage of examination and payment of fee required forissuance.

NRS 656.155 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or certificate; duty of Board. [Effective until the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 656.155 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or certificate; duty of Board. [Effective on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings andexpires by limitation 2 years after that date.]

NRS 656.160 Examinationof applicant.

NRS 656.170 Timeof examination; documentary evidence of qualifications.

NRS 656.180 Requirementsfor certification.

NRS 656.185 Courtreporting firm: License required; application.

NRS 656.186 Courtreporting firm: Appointment of designated representative.

NRS 656.187 Courtreporting firm: Renewal of license; reinstatement of expired license.

NRS 656.200 Renewalof certificate; continuing education or training; suspension of certificate;reinstatement.

NRS 656.205 Continuingeducation programs developed and conducted by Board; reasonable fee; Boardprohibited from refusing to renew or restore certificate for failure to attendprogram developed and conducted by Board.

NRS 656.220 Fees.

NRS 656.230 Depositand use of Boards money.

DISCIPLINARY ACTION

NRS 656.240 Groundsfor denial, suspension or revocation of certificate: False representation;contempt of court; conviction of certain crimes.

NRS 656.250 Groundsfor denial, suspension or revocation of certificate: Miscellaneous grounds.

NRS 656.253 Denial,suspension or revocation of license.

NRS 656.255 Suspensionof license or certificate for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of license or certificate.[Expires by limitation 2 years after the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 656.257 Probation;administrative fine.

NRS 656.260 Holderof license or certificate to notify Board of change of name or address; courtreporting firm to report certain changes to Board; penalty.

NRS 656.270 Suspensionof license or certificate for mental illness.

NRS 656.280 Investigations;procedure upon refusal to issue license.

NRS 656.290 Subpoenas;witnesses; restoration of suspended license or certificate; reinstatement ofrevoked license or certificate.

NRS 656.300 Practicewithout certificate and conducting business without license declared publicnuisance; injunctive relief; apportionment of costs.

MISCELLANEOUS PROVISIONS

NRS 656.310 Useof certain designation and abbreviation; inclusion of certificate number ontranscripts and business cards.

NRS 656.320 Courtreporters must hold current certificate.

NRS 656.330 Certificationprerequisite to action for compensation for services.

NRS 656.335 Courtreporter to retain certain notes for 8 years.

UNLAWFUL ACTS; PENALTIES

NRS 656.340 Unlawfulto practice without license or approval of Board.

NRS 656.350 Penaltyfor violation of chapter.

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GENERAL PROVISIONS

NRS 656.010 Shorttitle. This chapter is known and may be citedas the Nevada Certified Court Reporters Law.

(Added to NRS by 1973, 1314; A 1993, 1404)

NRS 656.020 Legislativedeclaration.

1. It is hereby declared to be the policy of theLegislature to:

(a) Encourage proficiency in the practice of courtreporting as a profession;

(b) Promote efficiency in court and general reporting;and

(c) Extend to the courts and public the protectionafforded by a standardized profession by establishing a standard of competencyfor those engaged in it.

2. The practice of court reporting in the State ofNevada is declared to affect the public health, safety and welfare and issubject to regulation and control in the public interest.

(Added to NRS by 1973, 1315; A 1993, 1404)

NRS 656.030 Definitions. As used in this chapter, unless the context otherwiserequires:

1. Board means the Certified Court Reporters Boardof Nevada.

2. Certificate means a certified court reporterscertificate issued under the provisions of this chapter.

3. Court reporter means a person who is technicallyqualified and registered under this chapter to practice court reporting.

4. Court reporting firm means a person who, forcompensation, provides or arranges for the services of a court reporter orprovides referral services for court reporters.

5. Designated representative of a court reportingfirm means the person designated to act as the representative of a courtreporting firm pursuant to NRS 656.186.

6. License means a license issued under theprovisions of this chapter to conduct business as a court reporting firm.

7. Licensee means a person to whom a license hasbeen issued.

8. Practice of court reporting means reporting bythe use of any system of manual or mechanical shorthand writing:

(a) Grand jury proceedings;

(b) Court proceedings;

(c) Pretrial examinations, depositions, motions andrelated proceedings of like character; or

(d) Proceedings of an administrative agency if thefinal decision of the agency with reference thereto is subject to judicialreview.

9. Stenographic notes means the original manually ormechanically produced notes in shorthand or shorthand writing taken by a courtreporter while in attendance at a proceeding to report the proceeding.

(Added to NRS by 1973, 1315; A 1993, 1404; 2001, 1008; 2005, 191)

CERTIFIED COURT REPORTERS BOARD OF NEVADA

NRS 656.040 Creation. The Certified Court Reporters Board of Nevada, consistingof three members, is hereby created.

(Added to NRS by 1973, 1315; A 1993, 1405)

NRS 656.050 Appointmentand qualifications of members. The members ofthe Board must be appointed by the Governor as follows:

1. One member of the Board must be an active member ofthe State Bar of Nevada.

2. Two members of the Board, except members of thefirst Board appointed, must be holders of certificates and must have beenactively engaged as court reporters within this state for at least 5 yearsimmediately preceding their appointment.

(Added to NRS by 1973, 1315; A 1993, 1405)

NRS 656.070 Compensationof members and employees.

1. Each member of the Board is entitled to receive:

(a) A salary of not more than $80 per day, as fixed bythe Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a ratefixed by the Board, while engaged in the business of the Board. The rate mustnot exceed the rate provided for state officers and employees generally.

2. While engaged in the business of the Board, eachemployee of the Board is entitled to receive a per diem allowance and travelexpenses at a rate fixed by the Board. The rate must not exceed the rateprovided for state officers and employees generally.

3. The expenses of the members and employees of theBoard and the expenses of the Board must be paid from the fees collectedpursuant to the provisions of this chapter and the expenses must not exceed theamount so collected.

(Added to NRS by 1973, 1315; A 1985, 446, 1882; 1989,1707)

NRS 656.080 Officers;meetings.

1. Annually the Board shall designate a Chairman and aVice Chairman from its membership.

2. The Board shall hold such meetings as may benecessary for the purpose of transacting its business.

3. All members of the Board shall be present for thetransaction of business.

(Added to NRS by 1973, 1316)

NRS 656.090 Publicmeetings; executive sessions. Repealed. (Seechapter 277, Statutesof Nevada 2005, at page 979.)

 

NRS 656.100 Recordsof Board; report to Governor.

1. The Board shall keep a full and accurate record ofits official actions and all proceedings, and of all resolutions, regulationsand orders issued or adopted.

2. Except as otherwise provided by law, the records ofthe Board shall be open to inspection by the public.

3. The Board shall, on or before December 1 of eachyear, submit to the Governor a full and true report of its transactions duringthe preceding year. The report shall include a complete statement of thereceipts and expenditures of the Board during the period.

(Added to NRS by 1973, 1316)

NRS 656.105 Confidentialityof certain records of Board; exceptions.

1. Except as otherwise provided in this section, acomplaint filed with the Board, all documents and other information filed withthe complaint and all documents and other information compiled as a result ofan investigation conducted to determine whether to initiate disciplinary actionagainst a person are confidential, unless the person submits a writtenstatement to the Board requesting that such documents and information be madepublic records.

2. The charging documents filed with the Board toinitiate disciplinary action pursuant to chapter622A of NRS and all documents and information considered by the Board whendetermining whether to impose discipline are public records.

3. An order that imposes discipline and the findingsof fact and conclusions of law supporting that order are public records.

4. The provisions of this section do not prohibit theBoard from communicating or cooperating with or providing any documents or otherinformation to any other licensing board or any other agency that isinvestigating a person, including, without limitation, a law enforcementagency.

(Added to NRS by 2003, 3477; A 2005, 806)

NRS 656.110 Dutyto administer chapter; power to appoint committees and employ persons;expenditures.

1. The Board shall administer the provisions of thischapter.

2. The Board may appoint such committees as itconsiders necessary or proper, and may employ, prescribe the duties of and fixthe salary of an Executive Secretary who may be employed on a part-time orfull-time basis, and may also employ such other persons as may be necessary.

3. All expenditures described in this section must bepaid from the fees collected under this chapter.

(Added to NRS by 1973, 1316; A 2003, 439)

NRS 656.120 Sealof Board; collection of fees. The Board shall:

1. Adopt a seal which must be affixed to all licensesand certificates issued by the Board.

2. Charge and collect from all applicants for licensesand certificates the fees provided for in this chapter.

3. Charge and collect from all persons renewinglicenses and certificates the renewal fees provided for in this chapter.

(Added to NRS by 1973, 1316; A 2001, 1009)

NRS 656.130 Issuanceof subpoenas; adoption of regulations.

1. The Board may issue subpoenas for the attendance ofwitnesses and the production of relevant books and papers.

2. The Board may adopt such regulations as arenecessary to carry out the provisions of this chapter.

(Added to NRS by 1973, 1316; A 1981, 103; 2001, 1009; 2003, 439)

NRS 656.140 Boardto aid profession. The Board may aid in allmatters pertaining to the advancement of the practice of court reporting,including but not limited to all matters that may advance the professionalinterests of certified court reporters and such matters as concern theirrelations with the public.

(Added to NRS by 1973, 1316; A 1993, 1405)

LICENSING; CERTIFICATION; FEES

NRS 656.150 Applicationfor certificate; passage of examination and payment of fee required forissuance.

1. Each applicant for a certificate must file anapplication with the Executive Secretary of the Board at least 30 days beforethe date fixed for examination. The application must be accompanied by therequired fee and all information required to complete the application.

2. No certificate may be issued until the applicanthas passed the examination prescribed by the Board and paid the fee as providedin NRS 656.220.

(Added to NRS by 1973, 1318; A 1985, 1882; 1997,2185; 2003, 440; 2005, 2801, 2807)

NRS 656.155 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or certificate; duty of Board. [Effective until the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. In addition to any other requirements set forth inthis chapter:

(a) An applicant for the issuance of a license orcertificate shall include the social security number of the applicant in theapplication submitted to the Board.

(b) An applicant for the issuance or renewal of alicense or certificate shall submit to the Board the statement prescribed bythe Division of Welfare and Supportive Services of the Department of Health andHuman Services pursuant to NRS 425.520.The statement must be completed and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license or certificate; or

(b) A separate form prescribed by the Board.

3. A license or certificate may not be issued orrenewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2185; A 2001, 1009; 2005, 2802, 2807, 2811)

NRS 656.155 Payment of child support: Submissionof certain information by applicant; grounds for denial of license orcertificate; duty of Board. [Effective on the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings and expires by limitation 2 yearsafter that date.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a license orcertificate shall submit to the Board the statement prescribed by the Divisionof Welfare and Supportive Services of the Department of Health and HumanServices pursuant to NRS 425.520. Thestatement must be completed and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license or certificate; or

(b) A separate form prescribed by the Board.

3. A license or certificate may not be issued orrenewed by the Board if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy thearrearage.

(Added to NRS by 1997, 2185; A 2001, 1009; 2005, 2802, 2807, 2811, effective onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 656.160 Examinationof applicant.

1. Every person who files an application for anoriginal certificate must personally appear before the Board for an examinationand the answering of such questions as may be prepared by the Board to enableit to determine the trustworthiness of the applicant and his competency toengage in the practice of court reporting in such a manner as to safeguard theinterests of the public.

2. In determining competency, the Board shalladminister an examination to determine whether the applicant has:

(a) A good understanding of the English language,including reading, spelling, vocabulary, and medical and legal terminology;

(b) Sufficient ability to report accurately any of thematters comprising the practice of court reporting consisting of material readat not less than 180 words per minute or more than 225 words per minute; and

(c) A clear understanding of the obligations owed by acourt reporter to the parties in any reported proceedings and the obligationscreated by the provisions of this chapter and any regulation adopted pursuantto this chapter.

(Added to NRS by 1973, 1317; A 1985, 1882; 1993,1405; 2003, 440; 2005, 192)

NRS 656.170 Timeof examination; documentary evidence of qualifications.

1. Examinations must be held no less than twice a yearat such times and places as the Board may designate.

2. No person may be admitted to the examination unlesshe first presents satisfactory evidence to the Board that he has:

(a) Received a passing grade on the National CourtReporters Associations examination for registered professional reporters;

(b) A certificate of satisfactory completion of aprescribed course of study from a school for court reporters which includesEnglish grammar, reading, spelling and vocabulary, medical and legalterminology, transcription, and court reporting at 200 words per minute with anaccuracy of 97.5 percent;

(c) A certificate as a registered professional reporteror a certificate of merit from the National Court Reporters Association;

(d) A valid certificate or license to practice courtreporting issued by another state; or

(e) One year of continuous experience as a full-timecourt reporter using any system of manual or mechanical shorthand writing.

(Added to NRS by 1973, 1317; A 1985, 1883; 1993,1405)

NRS 656.180 Requirementsfor certification. An applicant for acertificate of registration as a certified court reporter is entitled to acertificate if he:

1. Is a citizen of the United States or lawfullyentitled to remain and work in the United States;

2. Is at least 18 years of age;

3. Is of good moral character;

4. Has a high school education or its equivalent;

5. Satisfactorily passes an examination administeredby the Board pursuant to NRS 656.160;

6. Pays the requisite fees; and

7. Submits all information required to complete anapplication for a certificate of registration.

(Added to NRS by 1973, 1317; A 1975, 66; 1977, 1568;1993, 1406; 1997, 2186; 2005,192, 2803, 2807)

NRS 656.185 Courtreporting firm: License required; application.

1. It is unlawful for any person to conduct businessas a court reporting firm or to advertise or put out any sign or card or otherdevice which may indicate to members of the public that he is entitled toconduct such a business without first obtaining a license from the Board.

2. Each applicant for a license as a court reportingfirm must file an application with the Executive Secretary of the Board on aform prescribed by the Board.

3. The application must:

(a) Include the federal identification number of theapplicant;

(b) Include the name of the person who will beappointed as the designated representative of the court reporting firm and suchother identifying information about that person as required by the Board;

(c) Be accompanied by the required fee; and

(d) Include all information required to complete theapplication.

4. To obtain a license pursuant to this section, anapplicant need not hold a certificate of registration as a certified courtreporter.

(Added to NRS by 2001, 1007; A 2001, 1013; 2003, 440; 2005, 192, 193, 2803)

NRS 656.186 Court reporting firm: Appointment of designated representative.

1. Each court reporting firm shall appoint one personaffiliated with the court reporting firm to act as the designatedrepresentative for the firm. The person so appointed must:

(a) Hold a certificate; or

(b) Pass an examination administered by the Boardpursuant to subsection 2.

2. The Board shall administer an examination todetermine whether a designated representative of a court reporting firmunderstands:

(a) The ethics and professionalism required for thepractice of court reporting; and

(b) The obligations owed by a court reporter to theparties in any reported proceedings and the obligations created by theprovisions of this chapter and any regulation adopted thereto.

3. The Board may adopt regulations to carry out theprovisions of this section and to establish additional subject areas to beincluded in the examination administered by the Board pursuant to this section.

(Added to NRS by 2005, 191)

NRS 656.187 Court reporting firm: Renewal of license; reinstatement of expired license.

1. A license as a court reporting firm expires on June30 of each year and may be renewed if, before that date, the licensee submitsto the Board:

(a) An application for renewal on a form prescribed bythe Board;

(b) If the designated representative of a court reportingfirm does not hold a certificate, evidence that the designated representativeof the court reporting firm has completed the requirements for continuingeducation established by the Board;

(c) The required fee for renewal; and

(d) All information required to complete the renewal.

2. The Board shall adopt regulations requiring adesignated representative of a court reporting firm who does not hold acertificate to participate in continuing education or training as a conditionto the renewal or reinstatement of a license of a licensee. If a designatedrepresentative of a court reporting firm fails to comply with suchrequirements, the Board may suspend or revoke the license of the licensee.

3. A license that expires pursuant to the provisionsof this section may be reinstated if the applicant:

(a) Complies with the provisions of subsection 1; and

(b) Submits to the Board the required fee forreinstatement.

(Added to NRS by 2001, 1008; A 2001, 1013; 2005, 193, 2803)

NRS 656.200 Renewalof certificate; continuing education or training; suspension of certificate;reinstatement.

1. To renew a certificate of registration a courtreporter must:

(a) Apply to the Board for renewal;

(b) Pay the annual renewal fee prescribed by the Board;

(c) Submit evidence to the Board of his completion ofthe requirements for continuing education established by the Board; and

(d) Submit all information required to complete therenewal.

2. The Board shall adopt regulations requiring courtreporters to participate in continuing education or training as a prerequisiteto the renewal or restoration of a certificate. If a court reporter fails tocomply with the requirements, the Board may suspend or revoke his certificate.

3. The failure of any court reporter to submit allinformation required to complete the renewal or pay in advance the annualrenewal fee which may be fixed by the Board as necessary to defray the expenseof administering the provisions of this chapter results in the suspension ofthe reporters right to engage in the practice of court reporting. Thesuspension must not be terminated until all required information has beensubmitted and all delinquent fees have been paid.

4. A court reporter whose certificate of registrationhas been suspended because of his failure to submit all required information orpay the renewal fee:

(a) May within 2 years thereafter have his certificatereinstated without examination upon submission of all required information andpayment of the fees set forth in paragraph (e) of subsection 1 of NRS 656.220.

(b) While he was on active military duty or in trainingbefore induction, may have his certificate renewed without payment of any feeif he files an application for renewal, an affidavit of such service with theBoard within 2 years after the termination of the service and all informationrequired to complete the renewal.

(Added to NRS by 1973, 1318; A 1985, 1883; 1993,1406, 1413; 1995, 570; 1997, 2186; 2001, 1009; 2005, 2804, 2807)

NRS 656.205 Continuingeducation programs developed and conducted by Board; reasonable fee; Boardprohibited from refusing to renew or restore certificate for failure to attendprogram developed and conducted by Board.

1. The Board may:

(a) Develop and conduct programs of continuingeducation relating to the practice of court reporting.

(b) Charge and collect a reasonable fee from personswho attend such a program.

2. The Board shall not refuse to renew or restore thecertificate of a court reporter who does not attend such a program but whootherwise complies with the requirements for continuing education prescribed bythe Board.

(Added to NRS by 2001, 1008)

NRS 656.220 Fees.

1. The fees required by this chapter are fixed by thefollowing schedule:

(a) The fee for filing an application for anexamination must be fixed by the Board annually at not more than $250 and notless than $90.

(b) The fee for the original issuance of a certificatemust be fixed by the Board annually at not more than $250 and not less than$150.

(c) For a certificate issued after July 1, 1973, thefee is an amount equal to the renewal fee in effect on the last regular renewaldate before the date on which the certificate is issued, except that if thecertificate will expire less than 1 year after its issuance, then the fee is 50percent of the renewal fee in effect on the last regular renewal date beforethe date on which the certificate is issued. The Board may by regulationprovide for the waiver or refund of the initial certificate fee if the certificateis issued less than 45 days before the date on which it will expire.

(d) The annual renewal fee for a certificate must befixed by the Board annually at not more than $250 and not less than $150. Everyholder of a certificate desiring renewal must pay the annual renewal fee to theboard on or before May 15 of each year.

(e) For the renewal of a certificate which wassuspended for failure to renew, the fee is an amount equal to all unpaidrenewal fees accrued plus a reinstatement fee that must be fixed by the Boardannually at not more than $125 and not less than $75.

(f) The fee for the original issuance of a license as acourt reporting firm is $250.

(g) The fee for the annual renewal of a license as acourt reporting firm is $175.

(h) The fee for the reinstatement of a license as acourt reporting firm is $175.

2. In addition to the fees set forth in subsection 1,the Board may charge and collect a fee for any other service it provides. Thefee must not exceed the cost incurred by the Board to provide the service.

(Added to NRS by 1973, 1318; A 1985, 1884; 1993,1406; 2001, 1010;2005, 194)

NRS 656.230 Depositand use of Boards money. All money cominginto the possession of the Board must be kept or deposited by the ExecutiveSecretary of the Board in banks, credit unions or savings and loan institutionsin the State of Nevada to be expended for payment of compensation and expensesof Board members and for other necessary or proper purposes in theadministration of this chapter.

(Added to NRS by 1973, 1318; A 1975, 182; 1999, 1542)

DISCIPLINARY ACTION

NRS 656.240 Groundsfor denial, suspension or revocation of certificate: False representation;contempt of court; conviction of certain crimes. TheBoard may refuse to issue or to renew or may suspend or revoke any certificatefor any one or a combination of the following causes:

1. If the applicant or court reporter has by falserepresentation obtained or sought to obtain a certificate for himself or anyother person.

2. If the applicant or court reporter has been foundin contempt of court, arising out of his conduct in performing or attempting toperform any act as a court reporter.

3. If the applicant or court reporter has beenconvicted of a crime related to the qualifications, functions andresponsibilities of a certified court reporter.

4. If the applicant or court reporter has beenconvicted of any offense involving moral turpitude.

The judgmentof conviction or a certified copy of the judgment is conclusive evidence ofconviction of an offense.

(Added to NRS by 1973, 1319; A 1985, 1884; 1993,1407; 2003, 2732)

NRS 656.250 Groundsfor denial, suspension or revocation of certificate: Miscellaneous grounds. The Board may refuse to issue or renew or may suspend orrevoke any certificate if the court reporter in performing or attempting toperform or pretending to perform any act as a court reporter has:

1. Willfully failed to take full and accuratestenographic notes of any proceedings;

2. Willfully altered any stenographic notes taken atany proceedings;

3. Willfully failed accurately to transcribe verbatimany stenographic notes taken at any proceedings;

4. Willfully altered a transcript of stenographicnotes taken at any proceedings;

5. Affixed his signature to any transcript of hisstenographic notes or certified to the correctness of such a transcript unlessthe transcript was prepared by him or was prepared under his immediatesupervision;

6. Demonstrated unworthiness or incompetency to act asa court reporter in such a manner as to safeguard the interests of the public;

7. Professionally associated with or loaned his nameto another for the illegal practice by another of court reporting, orprofessionally associated with any natural person, firm, copartnership orcorporation holding itself out in any manner contrary to the provisions of thischapter;

8. Habitually been intemperate in the use ofintoxicating liquor or controlled substances;

9. Except as otherwise provided in subsection 10,willfully violated any of the provisions of this chapter or the regulationsadopted by the Board to enforce this chapter;

10. Violated any regulation adopted by the Boardrelating to:

(a) Unprofessional conduct;

(b) Agreements for the provision of ongoing services asa court reporter or ongoing services which relate to the practice of courtreporting;

(c) The avoidance of a conflict of interest; or

(d) The performance of the practice of court reportingin a uniform, fair and impartial manner and avoiding the appearance ofimpropriety.

11. Failed within a reasonable time to provideinformation requested by the Board as the result of a formal or informalcomplaint to the Board, which would indicate a violation of this chapter; or

12. Failed without excuse to transcribe stenographicnotes of a proceeding and file a transcript of the stenographic notes:

(a) Within the time required by law or agreed to bycontract; or

(b) Within any other reasonable time required forfiling the transcript.

(Added to NRS by 1973, 1319; A 1985, 1884; 1987,1574; 1993, 1407; 2003,440; 2005, 194)

NRS 656.253 Denial,suspension or revocation of license. The Boardmay refuse to issue or renew or may suspend or revoke a license if, afternotice and a hearing as required by law, the Board determines that the licenseehas committed any of the acts set forth in NRS656.240 or 656.250.

(Added to NRS by 2001, 1008; A 2005, 806)

NRS 656.255 Suspensionof license or certificate for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of license or certificate.[Expires by limitation 2 years after the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

1. If the Board receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of alicense or certificate issued pursuant to this chapter, the Board shall deemthe license or certificate issued to that person to be suspended at the end ofthe 30th day after the date on which the court order was issued unless theBoard receives a letter issued to the holder of the license or certificate bythe district attorney or other public agency pursuant to NRS 425.550 stating that the holder of thelicense or certificate has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

2. The Board shall reinstate a license or certificateissued pursuant to this chapter that has been suspended by a district courtpursuant to NRS 425.540 if the Boardreceives a letter issued by the district attorney or other public agencypursuant to NRS 425.550 to the personwhose license or certificate was suspended stating that the person whoselicense or certificate was suspended has complied with the subpoena or warrantor has satisfied the arrearage pursuant to NRS425.560.

(Added to NRS by 1997, 2185; A 2001, 1011; 2005, 2807, 2811)

NRS 656.257 Probation;administrative fine. In addition to or in lieuof suspending, revoking or refusing to issue or renew the certificate of acourt reporter pursuant to NRS 656.240or 656.250 or the license of a courtreporting firm pursuant to NRS 656.253,the Board may, by a majority vote:

1. Place the court reporter or court reporting firm onprobation for a period not to exceed 1 year; or

2. Impose an administrative fine against the courtreporter or court reporting firm in an amount not to exceed $5,000 for each violationfor which the administrative fine is imposed.

(Added to NRS by 2003, 439)

NRS 656.260 Holderof license or certificate to notify Board of change of name or address; courtreporting firm to report certain changes to Board; penalty.

1. A holder of a license or certificate shall notifythe Chairman or Executive Secretary of the Board in writing within 30 daysafter changing his name or address.

2. Any change of ownership or corporate officers of acourt reporting firm or of the designated representative of the court reportingfirm must be reported to the Chairman or Executive Secretary within 30 daysafter the change.

3. The Board may suspend or revoke a license orcertificate if the holder thereof fails so to notify the Board.

(Added to NRS by 1973, 1319; A 1985, 1885; 2001, 1011; 2005, 195)

NRS 656.270 Suspensionof license or certificate for mental illness. Theentry of a decree by a court of competent jurisdiction establishing the mentalillness of any person holding a license or certificate under this chapteroperates as a suspension of the license or certificate. Such a person mayresume his business or practice only upon a finding by the Board that theholder of the license or certificate has been determined to be recovered frommental illness by a court of competent jurisdiction and upon the Boardsrecommendation that the holder be permitted to resume his business or practice.

(Added to NRS by 1973, 1320; A 2001, 1011)

NRS 656.280 Investigations;procedure upon refusal to issue license.

1. The Board may upon its own motion and shall uponthe verified complaint in writing of any person setting forth facts which ifproven would constitute grounds for refusal, suspension or revocation as setforth in NRS 656.240 to 656.270, inclusive, investigate the actionsof any person who applies for, or holds or represents that he holds a licenseor certificate.

2. The Board shall, before refusing to issue anylicense or certificate, notify the applicant in writing of the reasons for therefusal. The notice must be served by delivery personally to the applicant orby mailing by registered or certified mail to the last known place of businessof the applicant.

3. The time set in the notice must not be less than 10nor more than 30 days after delivery or mailing.

4. The Board may continue the hearing from time totime.

(Added to NRS by 1973, 1320; A 1981, 103; 2001, 1011; 2005, 806)

NRS 656.290 Subpoenas;witnesses; restoration of suspended license or certificate; reinstatement ofrevoked license or certificate.

1. The Board may subpoena and bring before it anyperson in this State and take testimony orally or by deposition, or both, withthe same fees and mileage and in the same manner as prescribed in civil casesin courts of this State.

2. Any district court, upon the application of theaccused or complainant or of the Board may, by order, require the attendance ofwitnesses and the production of relevant books and papers before the Board inany hearing relative to the application for or refusal, recall, suspension orrevocation of a license or certificate, and the court may compel obedience toits order by proceedings for contempt.

3. At any time after the suspension of any license orcertificate, the Board may restore it to the accused without examination uponunanimous vote by the Board.

4. In a manner consistent with the provisions of chapter 622A of NRS, after the revocation ofany license or certificate, the Board may reinstate the license or certificatewithout examination upon unanimous vote by the Board.

(Added to NRS by 1973, 1320; A 1981, 104; 1993, 1408;2001, 1012; 2005, 195, 807)

NRS 656.300 Practicewithout certificate and conducting business without license declared publicnuisance; injunctive relief; apportionment of costs.

1. The practice of court reporting by any person whohas not been issued a certificate or whose certificate has been suspended orrevoked, or conducting a business as a court reporting firm without firstobtaining a license therefor or with a suspended or revoked license, is herebydeclared to be inimical to public health and welfare and to constitute a publicnuisance. The Attorney General of the State of Nevada, the district attorney ofany county in the State or any resident may maintain an action in the name ofthe State of Nevada perpetually to enjoin any person from so unlawfully practicingcourt reporting, or unlawfully conducting business as a court reporting firm,and from doing, committing or continuing such an unlawful act.

2. In all proceedings under this section, the courtmay apportion the costs among the parties interested in the suit, including thecosts of filing the complaint, service of process, witness fees and expenses,charges for a court reporter and reasonable attorneys fees.

3. The proceeding authorized by this section is inaddition to and not in lieu of criminal prosecutions or proceedings to revokeor suspend licenses or certificates as authorized by this chapter.

(Added to NRS by 1973, 1321; A 1993, 1408; 2001, 1012)

MISCELLANEOUS PROVISIONS

NRS 656.310 Useof certain designation and abbreviation; inclusion of certificate number ontranscripts and business cards.

1. Every person to whom a valid existing certificateof registration as a certified court reporter has been issued under thischapter must be designated as a certified court reporter and not otherwise, andany such registered certified court reporter may, in connection with hispractice of court reporting, use the abbreviation C.C.R. No person other thanthe holder of a valid existing certificate of registration under this chaptermay use the title or designation of certified court reporter, or C.C.R.,either directly or indirectly, in connection with his profession or business.

2. Every holder of a certificate shall place thenumber of his certificate:

(a) On the cover page and certificate page of alltranscripts of proceedings; and

(b) On all business cards.

(Added to NRS by 1973, 1317; A 1985, 1886; 1993,1409; 2003, 441)

NRS 656.320 Courtreporters must hold current certificate. Noperson may be appointed to the position of official reporter of any court inthis state except a court reporter who holds a current and valid certificateunder the provisions of this chapter.

(Added to NRS by 1973, 1321; A 1993, 1409)

NRS 656.330 Certificationprerequisite to action for compensation for services. Noaction or suit may be instituted, nor recovery therein be had, in any court of thisstate by any person for compensation for any act done or service rendered, thedoing or rendering of which is prohibited under the provisions of this chapter.

(Added to NRS by 1973, 1321)

NRS 656.335 Courtreporter to retain certain notes for 8 years. Acourt reporter shall retain his notes, whether or not transcribed, for 8 yearsif they concern any matter subject to judicial review. These notes must be keptin a manner which is reasonably secure against theft, tampering or accidentaldestruction.

(Added to NRS by 1987, 911; A 1993, 1409)

UNLAWFUL ACTS; PENALTIES

NRS 656.340 Unlawfulto practice without license or approval of Board.

1. Except as otherwise provided in subsection 2, it isunlawful for any person to practice court reporting or advertise or put out anysign or card or other device which might indicate to the public that he isentitled to practice as a court reporter without a certificate of registrationas a certified court reporter issued by the Board.

2. Any person may, with the approval of the Board,practice court reporting on a temporary basis when there is an acknowledgedunavailability of a certified court reporter. A person requesting the approvalof the Board to practice court reporting on a temporary basis shall submit tothe Board:

(a) Documentation or other proof that the person has atleast one continuous year of experience working full time in the practice ofcourt reporting; and

(b) A copy of:

(1) The certification as a registeredprofessional reporter issued to the person by the National Court ReportersAssociation;

(2) The certification as a registered meritreporter issued to the person by the National Court Reporters Association; or

(3) A valid certificate or license to practicecourt reporting issued to the person by another state.

(Added to NRS by 1973, 1316; A 1985, 1886; 1993,1409; 2005, 196)

NRS 656.350 Penaltyfor violation of chapter. A violation of anyprovision of this chapter is a misdemeanor.

(Added to NRS by 1973, 1321)

 

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