Z-0130.3  _______________________________________________

 

                         SENATE BILL 5266

          _______________________________________________

 

State of Washington      54th Legislature     1995 Regular Session

 

By Senators Pelz, Newhouse, Heavey, Wood and West; by request of Department of Licensing

 

Read first time 01/17/95.  Referred to Committee on Labor, Commerce & Trade.

 

Revising provisions regulating court reporting.



    AN ACT Relating to court reporting; amending RCW 18.145.005, 18.145.010, 18.145.020, 18.145.030, 18.145.040, 18.145.050, 18.145.070, 18.145.080, 18.145.090, 18.145.110, 18.145.120, 18.145.130, and 18.145.900; and repealing RCW 18.145.060.

 

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

 

    Sec. 1.  RCW 18.145.005 and 1989 c 382 s 1 are each amended to read as follows:

    The legislature finds it necessary to regulate the practice of ((shorthand reporting or)) court reporting at the level of certification 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 ((shorthand or)) court reporters.

 

    Sec. 2.  RCW 18.145.010 and 1989 c 382 s 2 are each amended to read as follows:

    (1) No person may practice or represent himself or herself as a ((shorthand reporter or a)) court reporter without first obtaining a certificate as required by this chapter.

    (2) A person represents himself or herself to be a ((shorthand reporter or)) 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," "certified shorthand reporter," ((or)) "certified court reporter," or "certified stenomask reporter."

 

    Sec. 3.  RCW 18.145.020 and 1989 c 382 s 3 are each amended to read as follows:

    The "practice of ((shorthand reporting or)) court reporting" means the making by means of written symbols or abbreviations in shorthand or machine writing or oral recording by a stenomask reporter of a verbatim record of any oral court proceeding, deposition, or proceeding before a jury, referee, court commissioner, special master, governmental entity, or administrative agency and the producing of a transcript from the proceeding.

 

    Sec. 4.  RCW 18.145.030 and 1989 c 382 s 4 are each 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) (("Shorthand reporter" and)) "Court reporter" means an individual certified under this chapter.

    (((4) "Board" means the Washington state shorthand reporter advisory board.))

 

    Sec. 5.  RCW 18.145.040 and 1989 c 382 s 5 are each amended to read as follows:

    Nothing in this chapter prohibits or restricts:

    (1) The practice of ((a profession)) court reporting by individuals who are licensed, certified, or registered as court reporters under other laws of this state and who are performing services within their authorized scope of practice;

    (2) The practice of ((shorthand)) court reporting by an individual employed by the government of the United States while the individual is performing duties prescribed by the laws and regulations of the United States; or

    (3) ((The practice of court reporting or use of the title certified court reporter by stenomaskers who are practicing as of September 1, 1989.

    Nothing in this chapter shall be construed to prohibit)) The introduction of alternate technology in court reporting practice.

 

    Sec. 6.  RCW 18.145.050 and 1989 c 382 s 6 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 ((certification examination,)) 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 to any applicant who has met the requirements for certification;

    (5) Hire clerical, administrative, and investigative staff as needed to implement and administer this chapter;

    (6) Investigate complaints or reports of unprofessional conduct as defined in this chapter and hold hearings ((pursuant to)) under chapter 34.05 RCW;

    (7) Issue subpoenas for records and attendance of witnesses, statements of charges, statements of intent to deny certificates, and orders; administer oaths; take or cause depositions to be taken; and use other discovery procedures as needed in any investigation, hearing, or proceeding held under this chapter;

    (8) Maintain the official departmental record of all applicants and certificate holders;

    (9) Delegate, in writing to a designee, the authority to issue subpoenas, statements of charges, and statements of intent to deny certification;

    (10) ((Prepare and administer or)) Approve the preparation and administration of examinations for certification;

    (11) Establish by rule the procedures for an appeal of a failure of an examination;

    (12) Conduct a hearing under chapter 34.05 RCW on an appeal of a denial of a certificate based on the applicant's failure to meet minimum qualifications for certification;

    (13) Set the criteria for meeting the standard required for certification;

    (14) 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.

 

    Sec. 7.  RCW 18.145.070 and 1989 c 382 s 8 are each amended to read as follows:

    The director((, members of the board,)) and individuals acting on ((their)) the director's behalf shall not be civilly liable for any act performed in good faith in the course of their duties.

 

    Sec. 8.  RCW 18.145.080 and 1989 c 382 s 9 are each amended to read as follows:

    (((1))) The department shall issue a certificate to any applicant who((, as determined by the director upon advice of the board, has:

    (a) Successfully completed an examination approved by the director;

    (b) Good moral character;

    (c) Not engaged in unprofessional conduct; and

    (d) Not been determined to be unable to practice with reasonable skill and safety as a result of a physical or mental impairment.

    (2) A one-year temporary certificate may be issued, at the discretion of the director, to a person holding one of the following:  National shorthand reporters association certificate of proficiency, registered professional reporter certificate, or certificate of merit; a current court or shorthand reporter certification, registration, or license of another state; or a certificate of graduation of a court reporting school.  To continue to be certified under this chapter, a person receiving a temporary certificate shall successfully complete the examination under subsection (1)(a) of this section within one year of receiving the temporary certificate, except that the director may renew the temporary certificate if extraordinary circumstances are shown.

    (3) The examination required by subsection (1)(a) of this section shall be no more difficult than the examination provided by the court reporter examining committee as authorized by RCW 2.32.180)) 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 national court reporters association;

    (b) Certificate of proficiency or certificate of merit from national stenomask verbatim reporters association; or

    (c) A current Washington state court reporter certification; or

    (2) Has passed an examination approved by the director or an examination that meets or exceeds the standards established by the director.

 

    Sec. 9.  RCW 18.145.090 and 1989 c 382 s 10 are each amended to read as follows:

    Applications for certification shall be submitted on forms provided by the department.  The department may require information and documentation to determine whether the applicant meets the ((criteria)) standard for certification 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. 10.  RCW 18.145.110 and 1989 c 382 s 12 are each amended to read as follows:

    Persons with two or more years' experience in ((shorthand)) stenomask reporting in Washington state as of ((September 1, 1989)) January 1, 1996, shall be granted a ((shorthand reporters)) court reporter certificate without examination, if application is made ((within one year of September 1, 1989.  Shorthand reporters with less than two years' experience in shorthand reporting in this state as of September 1, 1989, shall be granted a temporary certificate for one year.  To continue to be certified under this chapter, a person receiving a temporary certificate shall successfully complete the examination under RCW 18.145.080 within one year of receiving the temporary certificate, except that the director may renew the temporary certificate if extraordinary circumstances are shown)) before January 1, 1996.

 

    Sec. 11.  RCW 18.145.120 and 1989 c 382 s 13 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 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:

    (((1))) (a) Revocation of the certification;

    (((2))) (b) Suspension of the certificate for a fixed or indefinite term;

    (((3))) (c) Restriction or limitation of the practice;

    (((4))) (d) Requiring the satisfactory completion of a specific program or remedial education;

    (((5))) (e) The monitoring of the practice by a supervisor approved by the director;

    (((6))) (f) Censure or reprimand;

    (((7))) (g) Compliance with conditions ((or)) of probation for a designated period of time;

    (((8))) (h) Denial of the certification request;

    (((9))) (i) Corrective action;

    (((10))) (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 holder or applicant.  All costs associated with compliance to orders issued under this section are the obligation of the certificate holder or applicant.

 

    Sec. 12.  RCW 18.145.130 and 1989 c 382 s 14 are each amended to read as follows:

    The following conduct, acts, or conditions constitute unprofessional conduct for any certificate 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 ((shorthand)) 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;

    (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 ((shorthand)) 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.

 

    Sec. 13.  RCW 18.145.900 and 1989 c 382 s 15 are each amended to read as follows:

    This chapter may be known and cited as the ((shorthand)) court reporting practice act.

 

    NEW SECTION.  Sec. 14.  RCW 18.145.060 and 1989 c 382 s 7 are each repealed.

 


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