CODES MODULE, PART II

CODE OF REGULATIONS

CODE OF REGULATIONS

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.

2400 Location of Offices

The principal office of the board shall be located in Sacramento, California.

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.

The executive officer has the following powers:

Receive and file formal charges against CSRsIssue notices of hearings and statementsReceive and file notices of defenseDetermine the time and place for hearingsIssue subpoenasSet and calendar cases for hearingMail CSR board decisionsPerform other functions necessary to carry out the business of the board

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.

Questions on Sections 2404 and 2406

1. Who determines the time and place of any hearings before the CSR Board?

The Executive Officer

2. Who has the authority to issue subpoenas for the CSR Board?

The Executive Officer

3. 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.

Multiple Choice

1. A licensee need not list his license number on

A. business cardB. personal stationeryC. certificate page of depositionD. telephone listing

Answer: B

2. The executive officer may NOT, under 2404,

A. file notices of defenseB. file accusationsC. issue subpoenasD. impose penalties

Answer: D

3. Reporters are licensed underA. Code of RegulationsB. Business and Professions CodeC. Government CodeD. Consumer Code

Answer: B

True or False

1. Reporters are licensed under Chapter 13 of Division 3 of the Business and Professions Code.

True

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

False

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

False

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

False

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

False

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

False

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.

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.

2411 Court Reporting Schools

A court reporting school must offerDictation class at 200 words per minuteRequired transcription of at least five minutes of dictation at the student’s current speed215 hours of English125 hours of Medical175 hours of Legal25 hours of TechnologyInstruction in court and depo procedures, ethics, legal research, and California codesApprenticeship

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.

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.

The applicant must meet one of the following requirements of Section 8020 of the Business and Professions Code :

One year of reporting experienceCompletion of study at a licensed court reporting schoolAn NCRA certificateA passing grade on the state hearing reporter’s examinationAn accepted out-of-state license

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.

The following types of experience are not accepted by the board:

CaptioningReporting classroom lectures, conferences, police or similar reportsTranscription of tapes, such as police reports, medical dictation or similar materials

One year means at least 1400 hours engaged in making verbatim records

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.

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.

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.

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.

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%.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

The ten minimum standards are:1. At least 25 lines per page2. A full line of text must contain at least

56 characters without timestamping and 52 with timestamping

3. The left-hand margin is the first character on the line of text

4. Each Q and A to begin on a separate line

5. Text must begin no more than 10 spaces from the left-hand margin, including “Q” or “A” symbols

6. 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

7. Carry-over “Q” and “A” lines to begin at the left-hand margin

8. 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

9. Parenthetical and exhibit markings of two lines or more must be no less than 35 characters per line

10.In colloquy, text must begin no more than two spaces after the colon following the speaker ID

Failure to comply with these minimum standards constitutes grounds for disciplinary action.

2480 Administrative Citations/Fines

The executive officer is authorized to issue citations for violations of the regulations.A citation is issued whenever a fine is levied or an order of abatement is issued.

Any citations issued shall allow a reasonable period for correction of the violation and may include a fine, not to exceed $2500 a citation.Citations will be in writing and describe the violation in detail and include the section violated.The citation can be served personally or by certified mail.

The executive officer will take into account the circumstances of the violation in determining the amount of the fine.The executive officer has the discretion to issue an order of abatement without levying a fine for the first violation.If the cited person is unable to fulfill the conditions of the citation, he may ask for an extension of time in writing.

It is a violation not to carry out the terms of the order of abatement within the allotted time.Further disciplinary action may result for such a failure.The executive officer is authorized to issue citations against unlicensed persons or corporations performing shorthand services requiring a license.

2481 Informal Conference

A person cited may request, in writing, an informal conference with the executive officer within 10 days of receiving the citation, in addition to a hearing.The executive officer may elect to hold an informal conference within 30 days of the request with the person cited and his legal counsel.

The executive officer may affirm or modify the citation at the end of such a conference and within 10 days state in writing his final decision.A person cited does not waive his request for a hearing to contest the citation by requesting an informal conference, even if the executive officer affirms his decision.

Questions on Sections 2418-81

1. Applications for the CSR examination must be submitted 45 days prior to the date of the examination.

A. alwaysB. unless the applicant is qualified by the

RPRC. except when the applicant is repeating the

examinationD. unless the application is accompanied by a

50 percent penaltyAnswer: A

2. Applicants for the CSR examination who qualify by work experience must

A. have reported in court for six monthsB. have had 2600 hours of actual reportingC. have had at least one year of experienceD. a judge’s affidavit

Answer: C

3. After the date the test results are mailed, an examinee may file an appeal within

A. 30 daysB. 45 daysC. 60 daysD. 120 days

Answer: B

4. A shorthand reporting corporation must file a report with the Board

A. quarterlyB. annuallyC. biannuallyD. biennially

Answer: B

5. After the results of the CSR are mailed, the examination papers shall be destroyed in

A. 30 daysB. 60 daysC. 90 daysD. 120 days

Answer: C

6. Carry-over Q and A lines are to begin

A. no more than 10 spaces from the left margin

B. no more than 14 spaces from the left margin

C. at the left-hand margin

Answer: C

7. In colloquy, text shall beginA. no more than five spaces after the

colonB. no more than two spaces after the

colonC. no more than ten spaces after the

colon

Answer: B

8. Parenthetical and exhibit markings of two or more lines shall have no less than

A. 35 characters per lineB. 52 characters per lineC. 48 characters per line

Answer: A

9. Colloquy beginsA. no more than 10 spaces from the

left-hand marginB. no more than 5 spaces from the left-

hand marginC. no more than 14 spaces from the

left-hand margin

Answer: A

10.There must beA. 25 typed text lines per pageB. 26 typed text lines per pageC. 28 typed text lines per page

Answer: A

11.An abatement is aA. pleadingB. chargeC. decrease

Answer: C

True or False

1. An applicant for the CSR examination who is qualifying by work experience cannot use conference reporting as a qualification.

True

2. An applicant for the CSR examination who can write 200 words per minute and wants to qualify by equivalent proficiency does not have to establish his knowledge in English.

False

3. Shares in a shorthand reporting corporation may be issued only to a licensed person.

True

4. Applicants for the CSR license put their names on the Professional Practice and English examinations but must use an assigned number on the skills test.

False

5. If an applicant for licensure fails any part of the CSR examination, he must take all parts again at the next test.

False

6. An examinee may present oral argument to the board in appealing the results of the test.

False

7. A person cited with a violation may request a hearing and/or an informal conference with the executive officer of the board.

True

8. Violation by a licensed CSR of any of the applicable provisions and laws may result in the executive officer of the board issuing an order of abatement.

True