WSR 04-14-073

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed July 2, 2004, 4:18 p.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 03-21-063.

     Title of Rule and Other Identifying Information: Chapter 308-14 WAC, regulating court reporters; amending WAC 308-14-085 Examination, 308-14-090 Application, 308-14-130 Standards of professional practice and 308-14-135 Transcript preparation format; and new sections WAC 308-14-010 Definitions, 308-14-115 Wall certificates, and 308-14-190 Exemptions -- Court appointed.

     Hearing Location(s): Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard S.W., Building 2, Conference Room 209, Olympia, WA 98504, on August 10, 2004, at 9:30 a.m.

     Date of Intended Adoption: August 11, 2004.

     Submit Written Comments to: Susan Colard, Court Reporter Program, P.O. Box 9026, Olympia, WA 98507-9026, e-mail scolard@dol.wa.gov, fax (360) 570-7002, by August 9, 2004.

     Assistance for Persons with Disabilities: Contact Susan Colard by August 9, 2004, TTY (360) 664-8885 or (360) 664-6633.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of rule revision is to provide further written clarification and to increase the requirements for examination transcription to meet the national standard of two hundred twenty-five words per minute.

     Reasons Supporting Proposal: All amended and added rules clarify and simplify the language and requirements. Increasing the requirements for examination transcription will meet national standards for reciprocity with other states and increase Washington's own standards.

     Statutory Authority for Adoption: RCW 18.145.050, 43.24.023.

     Statute Being Implemented: RCW 18.145.050.

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

     Name of Proponent: Department of Licensing, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Susan Colard, 405 Black Lake Boulevard S.W., Olympia, WA 98504, (360) 664-6633.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposed rule does not have an economic impact on small businesses.

     A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this rule revision. Washington State Department of Licensing is not a named agency, therefore, exempt from this provision.

July 2, 2004

Trudie Touchette

Administrator

OTS-7335.1


NEW SECTION
WAC 308-14-010   Definitions.   "Character" is a letter, numeral, punctuation mark, control character, blank, or other such symbol.

     "Standard line" is a line that can be determined by looking at a full line of text and counting from the first letter, including punctuation and spaces, to the last letter of that line. The standard line does not include a "Q" or "A," or the numbers on the left side of the page.

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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 twenty-five 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))) (4) Applicants who have failed the examination may apply by submission of a reexamination 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 91-20-002 and 91-20-044, filed 9/19/91 and 9/24/91, effective 10/20/91 and 10/25/91)

WAC 308-14-090   Application.   (((1))) Applications for ((temporary and permanent)) certification must be complete in every detail and submitted with the required fee. The applications for examination must be received at least eight weeks prior to the examination. Complete applications will contain the following information:

     (((a))) (1) Name and address

     (((b) Business name and address

     (c))) (2) Birth ((place and)) date

     (((d))) (3) Social Security number

     (((e) Educational background

     (f) Previous work experience in court reporting

     (g) List of references (references must have personal knowledge that the applicant has at least two years of court reporting experience)

     (h))) (4) Professional licensure/certification, including any action taken against the license or certificate

     (((i))) (5) Personal affidavit

     (((j) Copies of school transcripts and/or graduation certificate (if required).

     (2) An applicant holding a temporary certificate must submit a complete updated application and fee for permanent certification. The application must be received at least eight weeks prior to the examination date.))

[Statutory Authority: RCW 18.145.050 and 43.24.020. 91-20-002 and 91-20-044, § 308-14-090, filed 9/19/91 and 9/24/91, effective 10/20/91 and 10/25/91. Statutory Authority: Chapter 18.145 RCW and RCW 43.24.086. 90-10-009, § 308-14-090, filed 4/20/90, effective 5/21/90.]


NEW SECTION
WAC 308-14-115   Wall certificates.   Upon meeting standards of competency as defined in RCW 18.145.080, an applicant will be issued a wall certificate with the applicant's name, issue date and certificate number. Licensees will be issued one wall certificate, which will provide proof of certification.

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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))) (CCR) shall comply with the following professional standards except where differing standards are established by court or governmental agency. Failure to comply with the following standards is deemed unprofessional conduct. Certified ((shorthand)) court reporters shall:

     (1) Offer arrangements on a case concerning court reporting services or fees to all parties on equal terms.

     (2) Include on all transcripts, business cards, and advertisements their ((CSR)) CCR reference number.

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

     (((3))) (4) Preserve and file ((their)) shorthand notes in a manner retrievable. Transcribed notes shall be retained for no less than three years((.)) and untranscribed notes shall be retained for ((no)) not less than ten years, or as required by statute, whichever is longer.

     (((4) Meet promised delivery dates.)) (5) Provide transcripts on agreed delivery date, and give notification of any delays.

     (((5))) (6) Prepare accurate transcripts.

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

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

     (((8))) (9) Preserve the confidentiality of all information ((in their possession)) obtained during a proceeding and take all steps necessary to ((insure)) ensure its security ((and privacy)).

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

     (((10) Notify all involved parties,)) (11) All parties shall be notified 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)) cannot be provided without a court order.

     (((11))) (12) Supply certified copies of transcripts to any involved party, upon appropriate request.

[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)) shall be followed by all certified ((shorthand)) court reporters (((CSR's))) (CCR's), except where format ((are)) is recommended or established by court or agency.

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

     (2) No fewer than nine and no more than ten characters ((to the typed)) per inch of text.

     (3) No fewer than fifty-four and no more than sixty characters per standard line of text.

[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.]


NEW SECTION
WAC 308-14-190   Exemptions -- Court appointed.   A court reporter that is appointed to superior court under RCW 2.32.180 is exempt from the licensure requirements of chapter 18.145 RCW. The department has jurisdiction over court reporting activities when the court reporter is appointed to superior court under RCW 2.32.180 and is also certified under chapter 18.145 RCW.

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