WSR 10-22-101

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed November 2, 2010, 11:29 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-11-090.

Title of Rule and Other Identifying Information: Chapter 308-14 WAC, Court reporters.

Hearing Location(s): Department of Licensing, Building 2, Conference Room 209, 405 Black Lake Boulevard S.W., Olympia, WA 98502, on December 10, at 9:30 a.m.

Date of Intended Adoption: December 13, 2010.

Submit Written Comments to: Cameron Dalmas, Court Reporter Program, Department of Licensing, P.O. Box 9026, Olympia, WA 98502, e-mail ndalmas@dol.wa.gov, fax (360) 664-2550, by December 3, 2010.

Assistance for Persons with Disabilities: Contact Cameron Dalmas by December 3, 2010, TTY (360) 664-0116 or (360) 664-6643.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amends WAC 308-14-010 by defining a "continuing education unit" as sixty minutes of education in a program approved by the department. Units will be recognized in not less that [than] half hour increments of time.

Amends WAC 308-14-100 by adding continuing education units upon license renewal:

1. Adds, effective July 1, 2011, documentation of five continuing education units completed in the past year for reinstatement.

2. Adds annual certification of five continuing education units at time of renewal. Excess credits shall not be carried over.

3. Identifies activities eligible for continuing education units.

4. Adds courses or activities approved by national or state recognized associations for continuing education units.

5. Adds approved courses offered at an accredited college or university with a documented grade of C or better for continuing education units.

6. Identifies activities not acceptable for continuing education units.

7. Adds the requirement for the individual to maintain documentation of continuing education units for at least three years.

Statutory Authority for Adoption: Chapter 18.145 RCW, RCW 43.24.023.

Statute Being Implemented: Chapter 18.145 RCW.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The proposed implementation date is July 1, 2011.

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) 664-6647.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are exempt under RCW 34.05.328.

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 the provision.

November 2, 2010

Walt Fahrer

Rules Coordinator

OTS-3704.2


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

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

"Continuing education unit" is defined as sixty minutes of education in a program approved by the department. Units will be recognized in not less than thirty minute increments of time.

"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.

[Statutory Authority: RCW 18.145.050, 43.24.023. 04-17-072, 308-14-010, filed 8/13/04, effective 9/13/04.]


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

WAC 308-14-100   License renewal -- Continuing education -- Penalties.   (1) Certification must be renewed on or before the expiration date shown on the certificate. The expiration date is the certificate holder's ((birthdate)) birth date. Effective July 1, 2010, each certified court reporter shall verify they have completed a minimum of five continuing education units annually at renewal in a manner defined by the director. Excess continuing education units from the previous reporting year shall not be carried over. Failure to renew the certificate by the expiration date will result in a penalty fee in an amount determined by the director. Certification may be reinstated for up to three years by payment of all renewal fees and a penalty fee for the period for which the certification had lapsed and documentation of five continuing education units completed in the past year.

(2) Continuing education units shall have direct relevance to the professional development of the certified court reporter. The program must be led by an instructor, be interactive, and involve assessment or evaluation. Approved programs include, but are not limited to, the following:

(a) Language skills:

(i) English or a foreign language;

(ii) American Sign Language;

(iii) Grammar;

(iv) Punctuation;

(v) Proofreading;

(vi) Spelling;

(vii) Vocabulary;

(viii) Linguistics, including regional dialects or colloquialisms;

(ix) Etymology;

(x) Word usage.

(b) Academics:

(i) Medical terminology and abbreviations related to any medical or medically related discipline (e.g., anatomy, psychiatry, psychology, dentistry, chiropractic, podiatry);

(ii) Pharmacology;

(iii) Surgical procedures and instruments, with emphasis on terminology and concepts encountered in litigation;

(iv) Pathology and forensic pathology, including DNA and other terminology encountered in litigation;

(v) Legal terminology and etymology;

(vi) Legal research techniques;

(vii) Presentations on various legal specialty areas (e.g., torts, family law, environmental law, admiralty, corporate law, patent law);

(viii) History of legal systems;

(ix) Technical subjects, with emphasis on terminology and concepts encountered during litigation (e.g., construction, accident reconstruction, insurance, statistics, product testing and liability, various engineering fields).

(c) Case law, federal and state statutes, and regulations:

(i) Federal and state rules of civil and criminal procedure and rules of evidence;

(ii) Codes of federal and/or state regulations;

(iii) Presentations on legal proceedings (depositions, trials, federal and state appellate procedure, administrative proceedings, bankruptcy proceedings, workers' compensation proceedings);

(iv) Any changes to (a), (b), and (c) of this subsection as they affect the certified court reporter.

(d) Technology and business practices:

(i) Computer skills;

(ii) Voice recognition technology;

(iii) Videotaping, video conferencing;

(iv) Reporting skills and practices (e.g., readbacks, marking exhibits, administering oaths);

(v) Transcript production, formats, indexing, document management;

(vi) Technological developments related to court reporting, real-time reporting, CART, or captioning;

(vii) Office practices, office management, marketing, accounting, personnel practices, public relations;

(viii) Financial management, retirement planning, estate planning;

(ix) Partnerships, corporations, taxation, insurance.

(e) Professionalism and ethics:

(i) Standards of court reporting practice applicable to individual states or governmental entities;

(ii) Professional comportment and demeanor as it relates to judges, attorneys, fellow reporters, witnesses, litigants and court and law office personnel.

(f) CPR/first-aid classes.

(g) In-house courses offered by court reporting firms.

(h) Vendor sponsored training, with the exception of sales presentations.

(i) Community based programs.

(j) Meetings that include educational or professional development presentations that otherwise meet Washington state criteria for award of continuing education units;

(k) Documented pro bono services on an hour-for-hour basis including, but not limited to:

(i) Presence at a court hearing or deposition;

(ii) Transcription;

(iii) Editing;

(iv) Proofreading.

(l) Documented teaching, research or writing for a planned, directly supervised continuing education experience that fulfills continuing education criteria where no payment is received. Continuing education units will be awarded only once for each separate item.

(3) Any course or activity previously approved by any nationally or state recognized association for court reporting professions shall be approved for continuing education units.

(4) Courses offered with a documented grade of C or better at an accredited college or university will be awarded continuing education units at the following rates:

(a) Semester course: 6 continuing education units.

(b) Trimester course: 5 continuing education units.

(c) Quarter course: 4 continuing education units.

(5) Activities that are not acceptable for continuing education units include, but are not limited to, the following:

(a) Attendance at professional or association business meetings or similar meetings convened for the purpose of election of officers, policymaking, or orientation;

(b) Leadership activities in national, state, or community associations and board or committee service;

(c) Attendance at entertainment, recreational, or cultural presentations;

(d) Recreation, aerobics, massage, or physical therapy courses or practice or teaching of same;

(e) Classes in the performing arts, studio arts, or crafts or teaching of same;

(f) Tours of museums or historical sites;

(g) Social events at meetings, conventions, and exhibits;

(h) Visiting vendor exhibits or attending vendor sales demonstrations;

(i) Jury duty;

(j) Any event for which the attendee receives payment for attendance;

(k) Any event which is part of the attendee's regular employment or is attended for the purpose of gaining employment;

(l) On-the-job training or other work experience, life experience, previous work experience.

(6) Individuals shall maintain documentation of continuing education units for at least three years and provide them to the department on request.

(7) 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))) (8) 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.

[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.]

Washington State Code Reviser's Office