Opinion
Opinion Delivered October 30, 2003
The Board of Certified Court Reporter Examiners has recommended amendments to the Rule and to the Regulations. We have considered the Board's proposals and agree with them. We thank the Board for its work.
We hereby amend, effective immediately, and republish Sections 1(A) and 7(a) of the Rule, and Sections 3(b), 9, and 14(d) of the Regulations. We adopt and publish, effective immediately, Section 23 of the Regulations. The changes made are illustrated in the endnote.
REGULATIONS OF THE BOARD OF CERTIFIED COURT REPORTER EXAMINERS
Added language has been underlined; deleted language has been stricken)
RULE PROVIDING FOR CERTIFICATION OF COURT REPORTERS
Section 1. Members of the board.
A. The Board of Certified Court Reporters Examiners hereafter referred to as the "Board", shall be composed of seven members who shall be appointed by this Court. Four of the members shall be judges of the Circuit, Chancery, or Appellate Courts and shall be appointed for terms of three years. Initially, one of the four shall be appointed for a term of one year, one for a term of two years, and two for a term of three years. Three of the Board members shall have been court reporters in and citizens of Arkansas for at least five years prior to their appointment. Of the court reporters appointed to the board, at least one shall be a machine shorthand writer, at least one shall be a mask dictation/voice writer, at least one shall be an official court reporter, and at least one shall be a freelance court reporter.
Section 7.
Within thirty (30) days of receipt of written findings of the Board suspending or revoking a certificate, the aggrieved court reporter may appeal said findings to the Supreme Court of Arkansas for review de novo upon the record. Such appeal shall be prosecuted by filing a written notice of appeal with the Clerk of the Supreme Court of Arkansas with a copy thereof to the Chair of the Board. The notice of appeal shall specify the party taking the appeal; shall designate the order of the Board from which appeal is sought; and, shall designate the contents of the record on appeal. The notice shall also contain a statement that the transcript, or specific portions thereof, have been requested from the Executive Secretary. The Executive Secretary shall certify the record as being a true and correct copy of the record as designated by the parties and it shall be the responsibility of the appellant to transmit such record to the Supreme Court Clerk. The record on appeal shall be filed with the Supreme Court Clerk within ninety (90) days from filing of the first notice of appeal, unless the time is extended by order of the Board. In no event shall the time be extended more than seven (7) months from the date of entry of the initial order of the Board. Such appeals shall be processed in accord with pertinent portions of the Rules of the Supreme Court and Court of Appeals of the State of Arkansas.
Section 3.
$50.00
Section 9.
Section 14.
If the applicant does not pass the previously failed part at the next successive examination, the applicant shall be required to retake the entire examination.
Section 23. A Certified Court Reporter may administer oaths to witnesses in court proceedings, depositions, grand jury proceedings, or as otherwise authorized by a court of record.
RULE PROVIDING FOR CERTIFICATION OF COURT REPORTERS
Section 1. Members of the board.
A. The Board of Certified Court Reporters Examiners hereafter referred to as the "Board", shall be composed of seven members who shall be appointed by this Court. Four of the members shall be judges of the Circuit or Appellate Courts and shall be appointed for terms of three years. Initially, one of the four shall be appointed for a term of one year, one for a term of two years, and two for a term of three years. Three of the Board members shall have been court reporters in and citizens of Arkansas for at least five years prior to their appointment. Of the court reporters appointed to the board, at least one shall be a machine shorthand writer, at least one shall be a mask dictation/voice writer, at least one shall be an official court reporter, and at least one shall be a freelance court reporter. Initially, one of the three shall be appointed for a term of one year, one for a term of two years, and one for a term of three years. Members of the Board shall serve without compensation but shall be reimbursed for their travel and other expenses in the performance of their duties.
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Section 7. Revocation or suspension.
(a) Generally. The Board for good cause shown after a hearing by the Board, may revoke or suspend any certificate issued by the Board.
Within thirty (30) days of receipt of written findings of the Board suspending or revoking a certificate, the aggrieved court reporter may appeal said findings to the Supreme Court of Arkansas for review de novo upon the record. Such appeal shall be prosecuted by filing a written notice of appeal with the Clerk of the Supreme Court of Arkansas with a copy thereof to the Chair of the Board. The notice of appeal shall specify the party taking the appeal; shall designate the order of the Board from which appeal is sought; and, shall designate the contents of the record on appeal. The notice shall also contain a statement that the transcript, or specific portions thereof, have been requested from the Executive Secretary. The Executive Secretary shall certify the record as being a true and correct copy of the record as designated by the parties and it shall be the responsibility of the appellant to transmit such record to the Supreme Court Clerk. The record on appeal shall be filed with the Supreme Court Clerk within ninety (90) days from filing of the first notice of appeal, unless the time is extended by order of the Board. In no event shall the time be
extended more than seven (7) months from the date of entry of the initial order of the Board. Such appeals shall be processed in accord with pertinent portions of the Rules of the Supreme Court and Court of Appeals of the State of Arkansas.
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REGULATIONS OF THE BOARD OF CERTIFIED COURT REPORTER EXAMINERS
Section 3. The Board shall set the following fees for the administration of these regulations:
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b. $50.00 certificate renewal fee.
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Section 9. A reporter's certification will immediately expire if the certificate renewal fee is not remitted to the Clerk of the Supreme Court on or before January 1 of each year. An expired certificate shall be reinstated without examination, within 120 days of the date the certificate expired for failure to timely renew, upon application and payment of a $100.00 penalty fee as well as the renewal fee. . . .
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Section 14. The tests shall be as follows:
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(d) If an applicant shall pass one part of the test but fail the other part, the applicant will not be required to take the part passed at the next successive examination given, but only that part failed. If the applicant does not pass the previously failed part at the next successive examination, the applicant shall be required to retake the entire examination. All parts of the dictation test must be passed at the same time.
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Section 23. A Certified Court Reporter may administer oaths to witnesses in court proceedings, depositions, grand jury proceedings, or as otherwise authorized by a court of record.