WSR 02-08-074

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed April 3, 2002, 8:06 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-20-102.

Title of Rule: Chapter 308-14 WAC, Regulating court reporters, amending WAC 308-14-085 Examination, 308-14-100 License renewal -- Penalties, 308-14-120 Examination appeal procedures, 308-14-130 Standards of professional practice, 308-14-135 Transcript preparation format and 308-14-210 Application of brief adjudicative proceedings; and repealing WAC 308-14-090 Application.

Purpose: To amend, repeal or retain current rules, which may no longer be needed or need further written clarification as per the governor's directive on state rules review.

Statutory Authority for Adoption: RCW 18.145.050(1).

Statute Being Implemented: RCW 18.145.050(1).

Summary: Amending existing rules to chapter 308-20 WAC which need clarification and repeal rules that duplicate citations of chapter 18.145 RCW.

Reasons Supporting Proposal: The described rules either are unclear, duplicate, or are not necessary to cite statutory authority.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Rosie McGrew, 405 Black Lake Boulevard, Building 2, Olympia, WA 98502, (360) 664-6626.

Name of Proponent: Department of Licensing, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Amends six sections and repeals one section in order to clarify existing rules.

Proposal Changes the Following Existing Rules: Amends, repeals rules for chapter 308-14 WAC for clarification and to eliminate duplication.

Under section WAC 308-14-085 Examination, the department is proposing to change the examination from two hundred words per minute to two hundred twenty-five words per minute.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There will not be a burden on the industry due to increased fees or increased workloads.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard, Building 2, Conference Room 1, Olympia, WA 98502, on May 8, 2002, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Rosie McGrew by May 7, 2002, TDD (360) 586-2788, or (360) 664-6626.

Submit Written Comments to: Rosie McGrew, Court Reporter Section, P.O. Box 9026, Olympia, WA 98507-9026, fax (360) 664-2550, by May 7, 2002.

Date of Intended Adoption: May 10, 2002.

April 2, 2002

Rosie McGrew

Licensing Manager

OTS-5354.4


AMENDATORY SECTION(Amending WSR 91-20-002 and 91-20-044, filed 9/19/91 and 9/24/91, effective 10/20/91 and 10/25/91)

WAC 308-14-085   Examination.   (((1) The examination for "court reporter," "shorthand reporter," "certified court reporter," or "certified shorthand reporter" shall be an examination developed, administered, and graded by the department with the advice of the board or any examination prepared by a recognized person (institution, organization, corporation) approved by the department that meets the requirements stated in this regulation.

(2) Recognition of an examination as the Washington certification examination is conditioned upon the examination meeting the following requirements:

(a) Be a timed tape with content, speed, and quality approved by the department with the advice of the board, prior to use;

(b) The examination requires the applicant be able to report and transcribe at least two hundred words per minute of two-voice testimony for five consecutive minutes;

(c) At least ninety-five percent accuracy is needed to pass the examination;

(d) Be offered at least twice a year;

(e) The pass/fail scores of the state certification applicants are provided to the department within four weeks of the date of the examination to include a complete list of all the applicants;

(f) Examinations statistics are supplied following each examination: The number scheduled, passed, failed, and failed to appear;

(g) The procedures for security and confidentiality of the examination and applicants must meet the requirements of the department of licensing; and

(h) The department will be supplied with the examination tape and all the individual examination papers with grading marks and comments on them for review. The department reserves the final authority for examination results. The department may retain the examination papers for thirty days after final determination regarding scores to allow appeals and review of papers. Sixty days after the examination results are released all examination papers will be destroyed, except those under appeal, which will be held until final disposition.

(3) The Washington state statutory examinations which were held April 1990, October 1990, and April 1991, are recognized as the qualifying examinations for state certification as a shorthand or court reporter.

(4) State applicants who have previously passed the Washington state department of licensing recognized examination within three years of application may be issued certification without additional examination if certified documentation of the passed examination is provided.

(5) Applicants who have failed the examination may apply by submission of a reexamination application and the required fee.)) (1) The examination for certification as a "court reporter" as defined in chapter 18.145 RCW shall be approved by the department.

(2) The examination shall be at least two hundred twenty-five words per minute of two-voice testimony for five consecutive minutes.

(3) At least ninety-five percent accuracy is needed to pass the examination.

(4) The department shall retain the examination documents for thirty days after scores are sent to the exam candidates, at which time all examination documents, unless an examinee appeals the score, will be destroyed. Appealed examination documents shall be held until the appeal is resolved.

(5) Applicants who have failed the examination may reapply for examination by submitting a new application and the required fee.

[Statutory Authority: RCW 18.145.050 and 43.24.020. 91-20-002 and 91-20-044, 308-14-085, filed 9/19/91 and 9/24/91, effective 10/20/91 and 10/25/91. Statutory Authority: RCW 18.145.050. 90-20-008, 308-14-085, filed 9/20/90, effective 10/21/90.]


AMENDATORY SECTION(Amending WSR 90-10-009, filed 4/20/90, effective 5/21/90)

WAC 308-14-100   License renewal -- Penalties.   (1) Certification must be renewed on or before ((the)) its expiration date ((shown on the certificate. The expiration date is the certificate holder's birthdate)). Failure to renew the ((certificate)) certification by the expiration date will result in a penalty fee ((in an amount determined by the director)).

(2) Certification may be reinstated for up to three years following expiration by payment of ((all)) renewal fees for each year expired and a penalty fee ((for the period for which the certification had lapsed)).

(((2) An individual who fails to renew their certification by the expiration date forfeits all rights to represent themselves as a "shorthand reporter," "court reporter," "certified shorthand reporter," or "certified court reporter" until the certificate has been reinstated.

(3) An individual who has allowed the certification to expire for three years or more is required to file a new complete application and fee and must pass the state-approved examination. Upon passage of the exam a certificate will be issued.)) (3) A person who has not renewed certification for more than three years must apply for and pass the examination.

[Statutory Authority: Chapter 18.145 RCW and RCW 43.24.086. 90-10-009, 308-14-100, filed 4/20/90, effective 5/21/90.]


AMENDATORY SECTION(Amending WSR 91-20-002 and 91-20-044, filed 9/19/91 and 9/24/91, effective 10/20/91 and 10/25/91)

WAC 308-14-120   Examination appeal procedures.   (((1) Any candidate who takes the state examination for licensure and does not pass the examination may request to review their papers.

(a) The department will not modify examination results unless the candidate presents clear and convincing evidence of error in the grading of the examination.

(b) The department will not consider any challenges to examination grading unless the total of the potentially revised score would result in issuance of certification.

(2) The procedure for requesting an informal review of examination results is as follows:

(a) The request must be in writing and must be received by the department within thirty days of the date on the letter of notification of examination results sent to the candidate.

(b) The following procedures apply to an appeal of the results of the examination.

(i) In addition to the written request required in (a) of this subsection, the candidate must appear personally in the department office in Olympia to review the examination. The candidate must contact the department to make an appointment for the exam review session with department staff.

(ii) Within fifteen days of the review the candidate, in writing, must specifically identify the challenged portions on the examination and must state the specific reason(s) why the candidate believes the results should be modified.

(iii) The candidate will be allowed one hour to review the examination.

(c) The department will review the examination and justification submitted by the candidate. The candidate will be notified in writing of the department's decision.

(d) Any candidate who is not satisfied with the results of the informal examination review may, within twenty days of the date on the notice of the department's informal review notification, request a formal hearing to challenge the examination results.

(3) The procedures for requesting a formal hearing are as follows:

(a) The candidate must complete the informal review process before requesting a formal hearing.

(b) The request for a formal hearing must be received by the department within twenty days of the date on the notice of the results of the department's informal review.

(c) The written request must specifically identify the challenged portion(s) of the examination and must state the specific reason(s) why the candidate believes the examination results should be modified.

(d) Candidates will receive at least twenty days notice of the time and place of the formal hearing.

(e) The hearing will be restricted to the specific portion(s) of the examination the candidate has identified in the request for formal hearing.

(f) The formal hearing will be conducted pursuant to the Administrative Procedure Act, chapter 34.05 RCW.

(g) The candidate will be notified in writing of the director's final decision.)) (1) An applicant who fails the examination for certification may request to review their examination documents. The candidate must present clear and convincing evidence of error in the grading of the examination in order for the department to modify the examination results.

(2) In order to review examination documents, a candidate shall satisfy all three of the following criteria:

(a) Send a written request for an examination review to the department within thirty days of the date of the letter of notification of examination results. The department must receive the written request within thirty days of the date the letter of notification was mailed;

(b) Appear in person at the department office in Olympia to review the examination with department staff. The candidate shall have one hour to review the exam;

(c) Within fifteen days of the review, identify in writing the challenged portion on the examination and present clear and convincing evidence of error in the grading that, if corrected will change the exam's results to a passing score.

(3) If the candidate meets the criteria described in subsection (2) of this section, the department will review the evidence presented and rescore the exam.

[Statutory Authority: RCW 18.145.050 and 43.24.020. 91-20-002 and 91-20-044, 308-14-120, filed 9/19/91 and 9/24/91, effective 10/20/91 and 10/25/91.]


AMENDATORY SECTION(Amending WSR 91-20-002 and 91-20-044, filed 9/19/91 and 9/24/91, effective 10/20/91 and 10/25/91)

WAC 308-14-130   Standards of professional practice.   All certified ((shorthand)) court reporters (((CSR))) shall comply with the following professional standards except where differing standards are established by court or agency. Failure to comply with the following standards is deemed unprofessional conduct. Certified ((shorthand)) court reporters shall:

(1) Include on all transcripts, business cards, and advertisements their ((CSR reference)) court reporter certificate number((.));

(2) Prepare transcripts in accordance with the transcript preparation guidelines established by WAC 308-14-135 or the court((.));

(3) Preserve and file their shorthand notes in a manner retrievable. Transcribed notes shall be retained for no less than three years. Untranscribed notes shall be retained for no less than ten years or as required by statute, whichever is longer((.));

(4) Meet promised delivery dates((.));

(5) Prepare accurate transcripts((.));

(6) Disclose conflicts, potential conflicts, or appearance of conflicts to all involved parties((.));

(7) Be truthful and accurate in advertising qualifications ((and/or)) services provided((.));

(8) Preserve confidentiality of information in their possession and take all steps necessary to insure its security and privacy((.));

(9) Notify all involved parties when transcripts are ordered((.

(10) Notify all involved parties, when a transcript is ordered by a person not involved in the case, before a copy of the transcript is furnished. If any party objects, the transcript is not provided without a court order.

(11) Supply certified copies of transcripts to any involved party, upon appropriate request.)) before the copy is furnished;

(10) When a transcript is ordered by a nonparty, notify all involved parties before the transcript is furnished. If any party objects, the transcript may not be provided without a court order.

[Statutory Authority: RCW 18.145.050 and 43.24.020. 91-20-002 and 91-20-044, 308-14-130, filed 9/19/91 and 9/24/91, effective 10/20/91 and 10/25/91. Statutory Authority: RCW 18.145.050. 90-20-008, 308-14-130, filed 9/20/90, effective 10/21/90.]


AMENDATORY SECTION(Amending WSR 91-20-002 and 91-20-044, filed 9/19/91 and 9/24/91, effective 10/20/91 and 10/25/91)

WAC 308-14-135   Transcript preparation format.   The following transcript format will be followed by all certified ((shorthand)) court reporters (((CSR's))), except where other formats are recommended or established by court or agency.

(1) No fewer than twenty-five typed lines on a standard 8 1/2 x 11 inch paper.

(2) No fewer than ten characters to the typed inch.

(3) No fewer than sixty characters per standard line.

[Statutory Authority: RCW 18.145.050 and 43.24.020. 91-20-002 and 91-20-044, 308-14-135, filed 9/19/91 and 9/24/91, effective 10/20/91 and 10/25/91.]


AMENDATORY SECTION(Amending WSR 97-10-053, filed 5/1/97, effective 6/1/97)

WAC 308-14-210   Application of brief adjudicative proceedings.   The director adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted by request((,)) and((/or)) at the discretion of the director pursuant to RCW 34.05.482, for the categories of matters set forth below. Brief adjudicative proceedings will be limited to a determination of one or more of the following issues:

(1) Whether an applicant for a certificate meets the minimum criteria for a certificate to practice as a court reporter in this state and the department proposes to deny the application;

(2) Whether a person is in compliance with the terms and conditions of a final order or agreement previously issued by the department;

(3) Whether a certificate holder requesting renewal has submitted all required information and whether a certificate holder meets minimum criteria for renewal; and

(4) Whether a certificate holder has been certified by a lending agency and reported to the department for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship.

[Statutory Authority: RCW 34.05.410 (1)(a) and 34.05.482 (1)(c). 97-10-053, 308-14-210, filed 5/1/97, effective 6/1/97.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 308-14-090 Application.

Washington State Code Reviser's Office