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.The text of the following section
has been vetoed by the Governor. It is noted in bold italic.
*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. 2
was vetoed. See message at end of chapter.
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.
