CODES MODULE, PART V

1. CODES MODULE, PART V BUSINESS AND PROFESSIONS CODE, Part II

2. BUSINESS AND PROFESSIONS CODE Sections 8000 - 22451

3. 8000 Court Reporters Board • The CSR Board is composed of five members. • Two of the five must be currently licensed CSRs with at least five years of experience immediately before their appointment.

4. 8001 Appointments • CSR Board members serve four-year terms and can serve no more than two consecutive terms. • The governor appoints the two board members who are CSRS and one of the three other members, who are known as “public members.” • The Speaker of the Assembly and the Senate Rules Committee each appoint a public member.

5. 8003 Officers; Quorum; Records • The board conducts yearly meetings. • A chairman and vice chairman are selected at these meetings. • Three members constitute a quorum for the transaction of business. • Records shall be kept of all of the board’s activities.

6. 8004 Payment of Expenses • Board member expenses are paid fmr from the fees collected.

7. 8005 • The CSR Board has the power to appoint committees. • It appoints an executive officer and may employ others to carry out its functions. • Rick Black is currently the executive officer.

8. 8007 Applicants’ Qualification • The board has the power to • fix the qualifications of an applicant for the CSR license • determine how the CSR examination will be given • grant certificates to applicants who meet the requirements it has established

9. 8008 General Powers and Duties • The board also has the following powers: • to suspend or revoke a certificate (by the vote of 3 of 5 members) • to charge and collect fees • to renew all certificates • to issue subpoenas • to investigate complaints against CSRs

10. 8010 Complaint Against Licensee • Information regarding a complaint against a licensee will not be given to the public until an accusation is filed by the board and the licensee has been notified. • Citations, fines, and orders of abatement can be disclosed to the public when the licensee is notified.

11. 8015 Purposes of Chapter • The powers given to the board are given to aid the board • in establishing and maintaining a standard of competency in the profession of shorthand reporting • in protecting the courts and the general public

12. 8016 Necessity of Certificate • A reporter cannot practice shorthand reporting unless he has a currently valid license issued by the CSR Board. • A license is not needed if a person works as a hearing reporter or has been working as a courtroom reporter before January 1983.

13. Please note: Although not specifically listed as an exception, a person can also work as a reporter within the federal court system, even though he does not possess a CSR license. The CSR Board, as an agency created under California law, does not have jurisdiction over any of the federal courts.

14. 8017 Shorthand Reporting • The practice of shorthand reporting is the making of a verbatim (word-for-word) record of any oral court proceeding, deposition, or hearing by means of written symbols. • This definition includes the accurate transcription of that verbatim record.

15. 8018 CSR • A validly licensed shorthand reporter is known as a “certified shorthand reporter” or “CSR.”

16. 8019 Violation as Misdemeanor • If a CSR violates the laws contained in the Business & Professions Code or helps another person violate them, he is guilty of a misdemeanor.

17. 8020 Qualifications for Certificate • In order to qualify for a CSR license, a person • must be over 18 • must be a high school graduate or have a GED • must pass the CSR examination • cannot have committed any crimes involving dishonesty or fraud

18. In order to qualify for a CSR exam, a person must present proof to the board that within the last five years he has • had one year of reporting experience • completed the prescribed course of study at a recognized court reporting school • an NCRA certificate • received a passing grade on the state hearing reporter’s examination • has a valid reporter’s certificate from a state that has an equivalent examination (GA, ID, IL, IA, LA, NV, NY, TX, UT)

19. 8021 Time/Place of Examination • The examination shall be given twice a year.

20. 8022 Application; Fee • An applicant must file his application at least 45 days before the next examination date. • The postmarked date is considered the date of filing. • The board may require additional information pertaining to the applicant’s requirements.

21. 8023 Necessity of Examination • No certificate is issued unless an applicant has passed the examination.

22. 8023.5 English Language • In addition to the above requirements, if the CSR applicant is from a non-English speaking country, the board may also require that the applicant pass an English proficiency examination.

23. 8024 Expiration of Certificate • CSR licenses are valid for one year. • They must be renewed by midnight of the last day of the month of the CSR’s birthday.

24. 8024.2 Expired Certificate Renewal • If a CSR license has expired, a reporter may renew it for up to three years by filling out a form and paying a renewal fee. • If a reporter is more than 30 days late in paying the fee, a late fee must also be paid. • The renewal, even if paid late, is only valid until the reporter’s next birthday, when the annual licensing fee is again due.

25. 8024.3 Suspended Certificate Renewal • A suspended certificate is subject to expiration and must be renewed. • Renewing the certificate does not mean that the certificate is no longer suspended.

26. 8024.4 Revoked Certificate • A revoked certificate may not be renewed. • If it is reinstated after its expiration, a reinstatement fee must be paid.

27. 8024.5 Failure to Renew • If a CSR does not renew an expired license within three years of its expiration, he loses the right to renew the license. • The expired certificate must be physically returned to the board. • Once a certificate has expired, the CSR must go through the initial application process again (including retaking the CSR exam and paying all back fees) in order to be relicensed.

28. 8024.6 Notify Board of Changes • A reporter must notify the CSR Board in Sacramento, in writing, within 30 days of making any change of address. • If the reporter wants to report a name change, supporting documentation must be sent in to the CSR Board within 30 days. • A penalty will apply if notification is not done timely.

29. 8024.7 Inactive Category of Licensure • A holder of an inactive license may not engage in reporting as a profession. • An inactive license must be renewed just like an active license, but there is not a continuing education requirement for renewal.

30. 8025 Grounds for Suspension • A CSR may have a license suspended or revoked, or certification denied • if he is convicted of a crime substantially related to the shorthand reporting • if he lies in order to originally become licensed

31. if he willfully violates professional duties, is grossly incompetent or acts unprofessionally • if he fails to file transcripts on time • if he loses his notes (on paper or disk) • if he fails to pay levied fines • if he is incapable of performing professional duties because of mental disabilities, physical infirmities, or drug or alcohol abuse

32. 8025.1 Physical/Mental Examination • The board may require an applicant or licensee to submit to a physical or mental examination, if the suspects him to be incapable of performing his duties. • Failure to submit will result in an automatic suspension.

33. A hearing must be requested within 12 days in writing. • If a medical determination has been made that the individual is incapable to perform the duties of a reporter, his license will automatically be suspended. • At the hearing, the applicant has the right to be represented by counsel, to examine witnesses, and to have a record made.

34. 8026 Time for Action • The board may order a certificate suspended or revoked or may decline to issue a certificate when the time for appeal has elapsed, the judgment has been affirmed, or when probation is granted.

35. 8030 Shorthand Reporters’ Fund • All fees and revenue received by the board will be placed in the Court Reporters’ Fund to carry out the activities of the board.

36. 8030.2 Transcript Reimbursement • The Transcript Reimbursement Fund shall be maintained at $300,000 to provide shorthand reporting services to low-income litigants in civil cases. • Any court costs awarded to a licensee who has been reimbursed must return those funds to the fund within 90 days of the award.

37. 8030.4 Definitions • “Qualified legal services project” means a nonprofit project that provides legal services without charge to indigent persons. • “Pro bono attorney” means any attorney or law firm licensed to practice law, which represents an indigent person.

38. “Applicant” means a qualified legal services project or pro bono attorney applying to receive funds from the Transcript Reimbursement Fund. It does not include pro se individuals. • “Indigent person” means a person whose income does not exceed 125 percent of the poverty level. • “Fee-generating case” means any case reasonably expected to result in payment of a fee for legal services.

39. 8030.6 Disbursement of Funds • The board shall disburse funds for the preparation of an original and one copy of a transcript. • If no transcript is ordered, the board may disburse an amount to cover a per diem charge. • If a transcript is ordered after a per diem charge is paid out, that amount shall be deducted from the amount of the transcript.

40. The reporter’s invoice for transcripts shall be submitted along with supporting documentation to the board for payment. • Payment will be allowed for both depo and court transcripts, including expedited transcripts up to a set limit. • The maximum amount reimbursable may not exceed $20,000 per case.

41. The applicant must fill a notice with the court stating that he has received reimbursement for the transcript and that any costs received must be returned to the fund. • The board will notify the applicant when the reporter is paid and will also notify the applicant to return funds if he is awarded any costs in the action.

42. Funds are disbursed on a first-come basis. • Funds will disbursed no later than 30 days after application. • If there are insufficient funds, the funds will be held over until the next fiscal year and paid then. • If funds are not entitled to be paid, the board shall inform the applicant and the reporter the grounds for denial.

43. 8030.8 Documentation Required • The board must be supplied • the case name and number • evidence establishing that the litigant is indigent • evidence stating the applicant is qualified • proof the case is not fee-generating • proof the reporter is duly licensed • a statement that any funds disbursed will be returned if costs are awarded • an itemized invoice of the transcript charges

44. An qualified project may prove that it is qualified by submitting a letter from the director of the project stating that the project meets the standards and that the litigant is indigent. • In addition, if a pro bono attorney seeks funds, he must also submit a letter certifying that he meets the requirements, that the case is not fee-generating, that the litigant is indigent.

45. 8031 Fee Schedule • The fee for filing an application for each examination is $40. • The fee for each portion of the examination (English, Professional Practices, or machine) cannot exceed $75. • The initial certificate fee is equal to the renewal fee, except the amount may be halved if it expires within 180 days. It must be at least $50.

46. The renewal fee shall not exceed $125. • A person working full-time for the State as a hearing reporter and who does not do any outside reporting does not have to pay the renewal fee for as long as he works. • The penalty for failing to notify the board of an address change cannot exceed $50.

47. 8040 Shorthand Reporting Corporation • A shorthand reporting corporation is a corporation which is authorized to render professional services as long as their working reporters are all duly licensed.

48. 8043 Corporation Name • The name of a shorthand reporting corporation shall contain and be restricted to the name or last name of one or more of the shareholders, past or present, and must include the words “shorthand reporting corporation” or “certified shorthand reporter” or “C.S.R.,” and “a professional corporation.”

49. 8044 Directors; Shareholders • Each director, shareholder, and officer of a shorthand reporting corporation shall be a licensed person.

50. 8045 Income; Disqualified Persons • The income of a shorthand reporting corporation shall not accrue to any disqualified person.