BILL REQ. #:  H-0638.1 

Read first time 01/14/11.   Referred to Committee on Judiciary.

     AN ACT Relating to licensing of court reporters; amending RCW 18.145.005, 18.145.010, 18.145.050, 18.145.090, 18.145.100, 18.145.110, 18.145.120, 18.145.125, 18.145.127, and 18.145.130; reenacting and amending RCW 18.145.030 and 18.145.080; and adding new sections to chapter 18.145 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 18.145.005 and 1995 c 27 s 1 are each amended to read as follows:
     The legislature finds it necessary to regulate the practice of court reporting at the level of ((certification)) licensing to protect the public safety and well-being. The legislature intends that only individuals who meet and maintain minimum standards of competence may represent themselves as court reporters.

Sec. 2   RCW 18.145.010 and 2000 c 171 s 31 are each amended to read as follows:
     (1) No person may represent himself or herself as a court reporter without first obtaining a ((certificate)) license as required by this chapter.
     (2) A person represents himself or herself to be a court reporter when the person adopts or uses any title or description of services that incorporates one or more of the following terms: "Shorthand reporter," "court reporter," "licensed shorthand reporter," "licensed court reporter," "certified shorthand reporter," or "certified court reporter."

NEW SECTION.  Sec. 3   A new section is added to chapter 18.145 RCW to read as follows:
     (1) It is unlawful for any person to conduct business as a court reporting firm or to advertise or put out any sign or card or other device which may indicate to members of the public that he or she is entitled to conduct such a business without first obtaining a license. Further, it is unlawful for any firm to fail to comply with all rules and regulations pertaining to individual licensed court reporters including, but not limited to, page margin requirements, word or character limits, lines per page standards, and billing for nonrequested services such as word indices.
     (2) Each applicant for a license as a court reporting firm must file an application with the department.
     (3) The application must:
     (a) Include the federal tax identification number of the applicant;
     (b) Include the name of the person who will be appointed as the designated representative of the court reporting firm and such other identifying information about that person as required by the director;
     (c) Be accompanied by the required fee; and
     (d) Include all information required to complete the application.
     (4) To obtain a license pursuant to this section, an applicant is not required to hold a license as a court reporter.

NEW SECTION.  Sec. 4   A new section is added to chapter 18.145 RCW to read as follows:
     Each court reporting firm shall appoint one person affiliated with the court reporting firm to act as the designated representative for the firm.

Sec. 5   RCW 18.145.030 and 1995 c 269 s 501 and 1995 c 27 s 4 are each reenacted and amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Department" means the department of licensing.
     (2) "Director" means the director of licensing.
     (3) "Court reporter" means an individual ((certified)) licensed under this chapter.
     (4) "Court reporting firm" means an entity that, for compensation, provides or arranges for the services of a court reporter or provides referral services for court reporters in this state.
     (5) "Designated representative" means the person designated to act as the representative of a court reporting firm under section 3 of this act.

Sec. 6   RCW 18.145.050 and 2010 c 49 s 1 are each amended to read as follows:
     In addition to any other authority provided by law, the director may:
     (1) Adopt rules in accordance with chapter 34.05 RCW that are necessary to implement this chapter;
     (2) Set all renewal, late renewal, duplicate, and verification fees in accordance with RCW 43.24.086;
     (3) Establish the forms and procedures necessary to administer this chapter;
     (4) Issue a ((certificate)) license to any applicant who has met the requirements for ((certification)) licensing;
     (5) Hire clerical and administrative staff as needed to implement and administer this chapter;
     (6) Maintain the official departmental record of all applicants and ((certificate)) license holders;
     (7) Approve the preparation and administration of examinations for ((certification)) licensing;
     (8) Establish by rule the procedures for an appeal of a failure of an examination;
     (9) Set the criteria for meeting the standard required for ((certification)) licensing;
     (10) Establish continuing education requirements;
     (11) Establish advisory committees whose membership shall include representatives of professional court reporting and stenomasking associations and representatives from accredited schools offering degrees in court reporting or stenomasking to advise the director on testing procedures, professional standards, disciplinary activities, or any other matters deemed necessary;
     (12) Establish ad hoc advisory committees whose membership shall include representatives of professional court reporting and stenomasking associations and representatives from accredited schools offering degrees in court reporting or stenomasking to advise the director on testing procedures, professional standards, or any other matters deemed necessary.

Sec. 7   RCW 18.145.080 and 1995 c 269 s 504 and 1995 c 27 s 8 are each reenacted and amended to read as follows:
     The department shall issue a ((certificate)) license to any applicant who meets the standards established under this chapter and who:
     (1) Is holding one of the following:
     (a) Certificate of proficiency, registered professional reporter, registered merit reporter, or registered diplomate reporter from (([the])) the national court reporters association;
     (b) Certificate of proficiency or certificate of merit from (([the])) the national stenomask verbatim reporters association; or
     (c) A current Washington state court reporter ((certification)) license; or
     (2) Has passed an examination approved by the director or an examination that meets or exceeds the standards established by the director.

Sec. 8   RCW 18.145.090 and 1995 c 27 s 9 are each amended to read as follows:
     Applications for ((certification)) licensing shall be submitted on forms provided by the department. The department may require information and documentation to determine whether the applicant meets the standard for ((certification)) licensing as provided in this chapter. Each applicant shall pay a fee determined by the director as provided in RCW 43.24.086 which shall accompany the application.

Sec. 9   RCW 18.145.100 and 2010 c 49 s 2 are each amended to read as follows:
     The director shall establish by rule the requirements, including continuing education requirements, and the renewal and late renewal fees for ((certification)) licensing. Failure to renew the ((certificate)) license on or before the expiration date cancels all privileges granted by the ((certificate)) license. If an individual desires to reinstate a ((certificate)) license which had not been renewed for three years or more, the individual shall satisfactorily demonstrate continued competence in conformance with standards determined by the director.

Sec. 10   RCW 18.145.110 and 1995 c 27 s 10 are each amended to read as follows:
     Persons with two or more years' experience in stenomask reporting in Washington state as of January 1, 1996, shall be granted a court reporter ((certificate)) license without examination, if application is made before January 1, 1996.

Sec. 11   RCW 18.145.120 and 1995 c 27 s 11 are each amended to read as follows:
     (1) Upon receipt of complaints against court reporters, the director shall investigate and evaluate the complaint to determine if disciplinary action is appropriate. The director shall hold disciplinary hearings pursuant to chapter 34.05 RCW.
     (2) After a hearing conducted under chapter 34.05 RCW and upon a finding that a ((certificate)) license holder or applicant has committed unprofessional conduct or is unable to practice with reasonable skill and safety due to a physical or mental condition, the director may issue an order providing for one or any combination of the following:
     (a) Revocation of the ((certification)) license;
     (b) Suspension of the ((certificate)) license for a fixed or indefinite term;
     (c) Restriction or limitation of the practice;
     (d) Requiring the satisfactory completion of a specific program or remedial education;
     (e) The monitoring of the practice by a supervisor approved by the director;
     (f) Censure or reprimand;
     (g) Compliance with conditions of probation for a designated period of time;
     (h) Denial of the ((certification)) license request;
     (i) Corrective action;
     (j) Refund of fees billed to or collected from the consumer.
     Any of the actions under this section may be totally or partly stayed by the director. In determining what action is appropriate, the director shall consider sanctions necessary to protect the public, after which the director may consider and include in the order requirements designed to rehabilitate the ((certificate)) license holder or applicant. All costs associated with compliance to orders issued under this section are the obligation of the ((certificate)) license holder or applicant.

Sec. 12   RCW 18.145.125 and 1996 c 293 s 20 are each amended to read as follows:
     The director shall suspend the ((certificate)) license of any person who has been certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's ((certificate)) license shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for ((certification)) licensing during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.

Sec. 13   RCW 18.145.127 and 1997 c 58 s 833 are each amended to read as follows:
     The director shall immediately suspend any ((certificate)) license issued under this chapter if the holder has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a residential or visitation order. If the person has continued to meet all other requirements for ((certification)) licensing during the suspension, reissuance of the ((certificate)) license shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.

Sec. 14   RCW 18.145.130 and 1995 c 27 s 12 are each amended to read as follows:
     The following conduct, acts, or conditions constitute unprofessional conduct for any ((certificate)) license holder or applicant under the jurisdiction of this chapter:
     (1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of court reporting, whether or not the act constitutes a crime. If the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action;
     (2) Misrepresentation or concealment of a material fact in obtaining or in seeking reinstatement of a ((certificate)) license;
     (3) Advertising in a false, fraudulent, or misleading manner;
     (4) Incompetence or negligence;
     (5) Suspension, revocation, or restriction of the individual's ((certificate,)) registration((,)) or license to practice court reporting by a regulatory authority in any state, federal, or foreign jurisdiction;
     (6) Violation of any state or federal statute or administrative rule regulating the profession;
     (7) Failure to cooperate in an inquiry, investigation, or disciplinary action by:
     (a) Not furnishing papers or documents;
     (b) Not furnishing in writing a full and complete explanation of the matter contained in the complaint filed with the director;
     (c) Not responding to subpoenas issued by the director, regardless of whether the recipient of the subpoena is the accused in the proceeding;
     (8) Failure to comply with an order issued by the director or an assurance of discontinuance entered into with the director;
     (9) Misrepresentation or fraud in any aspect of the conduct of the business or profession;
     (10) Conviction of any gross misdemeanor or felony relating to the practice of the profession. For the purpose of this subsection, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW.