WSR 04-19-160

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed September 22, 2004, 11:27 a.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.

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 October 29, 2004, at 2:00 p.m.

Date of Intended Adoption: October 29, 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 October 28, 2004.

Assistance for Persons with Disabilities: Contact Susan Colard by October 28, 2004, TTY (360) 664-8885 or (360) 664-6633.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To revise WAC 308-14-085, which will change these rules back to their original language before the adoption of the rules filed under notice WSR 04-17-072.

Reasons Supporting Proposal: The department believes that individuals impacted by the latest revisions to WAC 308-14-085, as adopted under notice WSR 04-17-072, may not have been considered or understood prior to the adoption of these rules. Therefore, in the interest of the general welfare and professional impact to these individuals, changing the rules back to their original language is necessary. This will allow the department the needed time to gather information through stakeholder input to determine the need for further rule revision.

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 98502, (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.

September 22, 2004

Trudie Touchette

Administrator

OTS-7545.2


AMENDATORY SECTION(Amending WSR 04-17-072, filed 8/13/04, effective 9/13/04)

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.

(((4))) (5) Applicants who have failed the examination may apply by submission of a reexamination application and the required fee.

[Statutory Authority: RCW 18.145.050, 43.24.023. 04-17-072, 308-14-085, filed 8/13/04, effective 9/13/04. 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.]

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