DAR File No. 31516

Commerce, Occupational and Professional Licensing

R156-74

Certified Court Reporters Licensing Act Rules

NOTICE OF PROPOSED RULE

DAR File No.: 31516
Filed: 06/02/2008, 12:08
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

After review of the rule, the Division and Certified Court Reporters Licensing Board are proposing amendments to establish as an unprofessional conduct the failure by a certified court reporter to comply with the National Court Reporters Association or the National Voice Reporters Association standards and ethics.

Summary of the rule or change:

Throughout the rule, the term "rules" has been changed to "rule". In Section R156-74-102, definitions have been added. Section R156-74-502 is being added to define unprofessional conduct with respect to certified court reporters.

State statutory or constitutional authorization for this rule:

Section 58-74-101 and Subsections 58-74-303(2), 58-1-106(1)(a), and 58-1-202(1)(a)

This rule or change incorporates by reference the following material:

Adds the National Court Reporters Association Code of Professional Ethics, dated July 1997 and the National Verbatim Reporters Association, Inc. Code of Ethics, April 2005

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $25 to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

Proposed amendments do not apply to local governments; therefore no costs or savings are anticipated. The proposed amendments only apply to certified court reporters and applicants for certification.

small businesses and persons other than businesses:

The proposed amendments only apply to applicants for certification as a court reporter and certified court reporters. Certified court reporters may qualify as a "small business" if in private practice or with a smaller size firm. The Division does not anticipate any costs or savings to applicants or certified court reporters as a result of the proposed amendments as the amendments only clarify what professional standards and ethics a certified individual will be held to.

Compliance costs for affected persons:

The proposed amendments only apply to applicants for certification as a court reporter and certified court reporters. The Division does not anticipate any costs or savings to applicants or certified court reporters as a result of the proposed amendments as the amendments only clarify what professional standards and ethics a certified individual will be held to which will make the certified individual more accountable to the public and their clients.

Comments by the department head on the fiscal impact the rule may have on businesses:

No fiscal impact to businesses is anticipated form this rule filing which defines unprofessional conduct to include the violation of any national standards of practice for the profession. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at cormond@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/15/2008

This rule may become effective on:

07/22/2008

Authorized by:

F. David Stanley, Director

R156. Commerce, Occupational and Professional Licensing.

R156-74. Certified Court Reporters Licensing Act Rule[s].

R156-74-101. Title.

Th[ese]is rule[s] shall be known as the "Certified Court Reporters Licensing Act Rule[s]."

 

R156-74-102. [Reserved]Definitions.

[Reserved.](1) "Unprofessional conduct", as defined in Title 58, Chapters 1 and 74, is further defined, in accordance with Subsections 58-1-203(1)(e), in Section R156-74-502.

 

R156-74-103. Authority.

Th[ese]is rule[s are] is adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 74.

 

R156-74-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) failing, as a certified shorthand reporter to conform to the generally accepted and recognized standards and ethics of the profession including those established by the National Court Reporters Association, Council of the Academy of Professional Reporters, July 1997 edition, which is hereby incorporated by reference; and

(2) failing as a certified voice reporter to conform to the generally accepted and recognized standards and ethics of the profession including those established by the National Verbatim Reporters Association, Council of the Academy of Professional Reporters, April 2005 edition, which is hereby incorporated by reference.

 

KEY: court reporting, licensing, shorthand reporter

Date of Enactment or Last Substantive Amendment: [February 16, 2006]2008

Notice of Continuation: February 2, 2004

Authorizing, and Implemented or Interpreted Law: 58-74-101; 58-74-303(2); 58-1-106(1)(a); 58-1-202(1)(a)