CODES MODULE, PART II - PowerPoint PPT Presentation

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  3. Title 16 • These are administrative rules written by the CSR Board that govern the profession of shorthand reporting. • Before January 1, 1988, this set of rules was called the California Administrative Code.

  4. 2400 Location of Offices • The principal office of the board shall be located in Sacramento, California.

  5. 2404 Delegation of Certain Functions • The legislature has given the CSR Board the power to investigate and discipline CSRs. • The board has given the Executive Officer of the CSR Board the power to establish and administer the procedures necessary to the disciplinary process.

  6. The executive officer has the following powers: • Receive and file formal charges against CSRs • Issue notices of hearings and statements • Receive and file notices of defense • Determine the time and place for hearings • Issue subpoenas • Set and calendar cases for hearing • Mail CSR board decisions • Perform other functions necessary to carry out the business of the board

  7. 2406 Use of License Numbers • A reporter shall list the reporter’s license number on the cover page and certificate page of each deposition, court transcript, or transcript of other legal proceedings. • The license number shall be included on any presentments to the public, including advertising, solicitation, business cards, stationery, and telephone listings.

  8. Questions on Sections 2404 and 2406 • Who determines the time and place of any hearings before the CSR Board? The Executive Officer

  9. Who has the authority to issue subpoenas for the CSR Board? The Executive Officer

  10. Is it unnecessary to list the license number of a CSR in any of the following places: advertising? arbitration proceedings? solicitations? depositions? No. It is mandatory.

  11. Multiple Choice • A licensee need not list his license number on • business card • personal stationery • certificate page of deposition • telephone listing Answer: B

  12. The executive officer may NOT, under 2404, • file notices of defense • file accusations • issue subpoenas • impose penalties Answer: D

  13. Reporters are licensed under • Code of Regulations • Business and Professions Code • Government Code • Consumer Code Answer: B

  14. True or False • Reporters are licensed under Chapter 13 of Division 3 of the Business and Professions Code. True

  15. The power of the CSR Board to set disciple hearings is granted under the Code of Regulations. False

  16. The Code of Regulations provides that the Executive Officer of the Board files accusations. False

  17. The executive officer is appointed to make decisions under Section 11518 of the Government Code. False

  18. A licensee need not list his number on his business card unless he is a professional corporation. False

  19. The license number of a CSR need not appear on court transcripts if the CSR is an official reporter. False

  20. 2407 Review of CSR Applications • The Board shall inform applicants in writing whether the application is complete within 30 days of receipt of the application and fee. • The Board will inform applicants who have resubmitted an application which was previously rejected for deficiencies within 5 days of receipt. • The decision of the Board concerning examination results will be given within 100 days of the receipt of the application.

  21. 2408 Processing Time • The processing time for written examination results from the receipt of application until the Board’s decision can vary from 30-100 days.

  22. 2411 Court Reporting Schools • A court reporting school must offer • Dictation class at 200 words per minute • Required transcription of at least five minutes of dictation at the student’s current speed • 215 hours of English • 125 hours of Medical • 175 hours of Legal • 25 hours of Technology • Instruction in court and depo procedures, ethics, legal research, and California codes • Apprenticeship

  23. 2418 Examination Application (a) • The application for examination must be made on a form prescribed by the board, accompanied by any documents required and fee. • The application must be filed at least 45 days prior to the next examination.

  24. 2418 Examination Application (b) • To be eligible for examination, an applicant must present proof of having met one of the requirements in Section 8020 of the Business & Professions Code within 5 years of the application date.

  25. The applicant must meet one of the following requirements of Section 8020 of the Business and Professions Code : • One year of reporting experience • Completion of study at a licensed court reporting school • An NCRA certificate • A passing grade on the state hearing reporter’s examination • An accepted out-of-state license

  26. 2418 Examination Application (c) • An applicant seeking to qualify by work experience must have at least one year of experience making verbatim records of depositions, arbitrations, hearings, or other proceedings using machine shorthand.

  27. The following types of experience are not accepted by the board: • Captioning • Reporting classroom lectures, conferences, police or similar reports • Transcription of tapes, such as police reports, medical dictation or similar materials • One year means at least 1400 hours engaged in making verbatim records

  28. 2418 Examination Application (d) • A person seeking to qualify under subsection (b) of Section 8020 must be enrolled and attending classes at the school through which the applicant qualifies for not less than 45 days.

  29. 2418 Examination Application (e) • A person seeking to qualify under subsection (b) of Section 8020 must be provide a certificate evidencing completion of the court reporting school. • The certificate shall also attest that the applicant has passed a four-voice, 15-minute test given at 200 words per minute with 97.5% accuracy.

  30. 2419 Exam Time and Place; Fees • Qualified applicants will be notified in writing of the time and place of their assigned examination. • An applicant who no-shows for the exam has abandoned his application. He must reapply for the next exam. • Likewise, an applicant who fails to finish the exam or does not pass the exam must file a new application for the next exam.

  31. If the candidate is unable to take the exam due to illness or due to good cause, the applicant may petition the board before the exam or within 10 days afterward to have his application fee credited toward the next exam. • Otherwise, there shall be no cash or other refund of any application fee to an applicant.

  32. 2420 Passing Grade and Credit • The examination consists of three parts: (1) English, (2) Professional Practice, and (3) Dictation/ Transcription (Machine/Skill). • The passing grade of the Dictation/ Transcription part is 97.5%. • The passing grade of the written knowledge parts is 70%.

  33. All applicants must pass all three parts of the exam within 3 consecutive calendar years or 6 consecutive exams, whichever is greater. • An applicant who passes part of the exam will receive credit for that portion and has the right to be reexamined for the remaining parts. The remaining parts must be passed within the designated time period. • The time period may be extended by the board for one year (2 exams) under extraordinary extenuating circumstances which prevented retaking of the exam.

  34. 2421 Identifying Numbers Assigned • Each test candidate will be assigned an identifying number which shall be placed on all test materials. • No candidate shall place his name on any examination papers.

  35. 2422 Inspection of Exam; Notification • Examinees are notified in writing of test results. • An unsuccessful candidate may inspect his transcript by sending a written request to the board within 30 days of the date of the exam results. • Written requests for reconsideration must be filed within 45 days following notification of exam results. Grounds for reconsideration must be stated.

  36. 2423 Destruction of Examination Papers • All examination papers will be destroyed 90 days following the date written notice of the results was mailed to all examinees.

  37. 2430 Duplicate Certificates • Duplicate certificates are available upon written request. There is a fee for this service. • An affidavit must accompany the request stating what happened to the original certificate.

  38. If a reporter legally changes his name, the reporter may request the board issue a duplicate certificate. • Evidence of the new name must be provided to the board, and a fee must be paid.

  39. 2451 Due Dates of Fees • The application fee for each application is due and payable at the time of filing. • The original certificate fee is due and payable within 120 days after notification that the applicant has passed the exam.

  40. 2461 Definitions • “Licensed person” means a natural person who has a certified shorthand reporter certificate which is unexpired and in full force and effect. • “Certificate of Registration” means a certificate of registration as a shorthand reporting corporation. • “Professional services” means the practice of shorthand reporting as defined in Section 8017 of the Code.

  41. 2464 Application; Refusal to Approve • An applicant corporation shall file with the board an application for certificate of registration, which shall be signed and verified by an officer of the corporation who is a licensed person. • An application fee of $200 must accompany the application.

  42. The board, through its executive officer, must either approve the application and issue a certificate or disapprove the certificate. • Those refused the certificate of registration may request a hearing before the board. • No applicant shall engage in or render any professional services unless and until a certificate of registration has been issued.

  43. 2467 Ownership & Transfers • The shares of a shorthand reporting corporation may be issued only to a licensed person and may be transferred only to a licensed person or to the issuing corporation. • If a shareholder dies or becomes disqualified for more than 90 days, his shares shall be sold and transferred to a licensed person or to the issuing corporation within 6 months of death or 90 days of disqualification.

  44. The disqualified person may repurchase such shares once he is no long disqualified. • The above restrictions must be forth in the corporation’s by-laws or articles of incorporation and in any share certificates. • Any income generated by the reporting firm while the shareholder is disqualified cannot be given to him.

  45. 2468 Certificate of Registration • A Certificate of Registration continues in effect until it is suspended or revoked for failure to comply with the code. • Every July 31st, each reporting firm shall file an annual report with the board, along with a filing fee. • It must also file a special report within 30 days to report any changes in its status along with a filing fee.

  46. 2468 Substantial Relationship Criteria • In order to suspend, revoke the license of, or otherwise discipline a reporter under B&P Section 470, the reporter must have committed a crime that is “substantially related’ to shorthand reporting. • This requirement includes conviction of a crime involving fraud or dishonesty or violation of any law governing reporting.

  47. 2471 Criteria for Rehabilitation • In deciding whether an applicant has been “rehabilitated,” the CSR Board must look at the following factors: • the seriousness of the crime • if any later crimes were committed • how long ago the crime was committed • if the applicant has fulfilled the conditions of his sentence • any other evidence submitted by the applicant

  48. 2473 Transcript Standards • A licensed reporter must adhere to minimum transcript standards when producing a transcript. • If the reporter works in court, the local rules of court will supersede this rule.

  49. The ten minimum standards are: • At least 25 lines per page • A full line of text must contain at least 56 characters without timestamping and 52 with timestamping • The left-hand margin is the first character on the line of text • Each Q and A to begin on a separate line • Text must begin no more than 10 spaces from the left-hand margin, including “Q” or “A” symbols

  50. Colloquy and paragraphed material begins no more than 10 spaces from the left-hand margin, with carry-over lines to begin at the left-hand margin • Carry-over “Q” and “A” lines to begin at the left-hand margin • Quoted material to begin no more than 14 spaces from the left-hand margin with carry-over lines to being no more than 10 spaces from the left-hand margin