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CODES MODULE, PART II

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Title: CODES MODULE, PART II


1
CODES MODULE, PART II
  • CODE OF REGULATIONS

2
CODE OF REGULATIONS
3
Title 16
  • These are administrative rules written by the CSR
    Board that govern the profession of shorthand
    reporting.
  • Before January 1, 1988, this set of rules was
    called the California Administrative Code.

4
2400 Location of Offices
  • The principal office of the board shall be
    located in Sacramento, California.

5
2404 Delegation of Certain Functions
  • The legislature has given the CSR Board the power
    to investigate and discipline CSRs.
  • The board has given the Executive Officer of the
    CSR Board the power to establish and administer
    the procedures necessary to the disciplinary
    process.

6
  • The executive officer has the following powers
  • Receive and file formal charges against CSRs
  • Issue notices of hearings and statements
  • Receive and file notices of defense
  • Determine the time and place for hearings
  • Issue subpoenas
  • Set and calendar cases for hearing
  • Mail CSR board decisions
  • Perform other functions necessary to carry out
    the business of the board

7
2406 Use of License Numbers
  • A reporter shall list the reporters license
    number on the cover page and certificate page of
    each deposition, court transcript, or transcript
    of other legal proceedings.
  • The license number shall be included on any
    presentments to the public, including
    advertising, solicitation, business cards,
    stationery, and telephone listings.

8
Questions on Sections 2404 and 2406
  1. Who determines the time and place of any hearings
    before the CSR Board?

The Executive Officer
9
  1. Who has the authority to issue subpoenas for the
    CSR Board?

The Executive Officer
10
  • Is it unnecessary to list the license number of a
    CSR in any of the following places
  • advertising?
  • arbitration proceedings?
  • solicitations?
  • depositions?

No. It is mandatory.
11
Multiple Choice
  • A licensee need not list his license number on
  • business card
  • personal stationery
  • certificate page of deposition
  • telephone listing

Answer B
12
  • The executive officer may NOT, under 2404,
  • file notices of defense
  • file accusations
  • issue subpoenas
  • impose penalties

Answer D
13
  • Reporters are licensed under
  • Code of Regulations
  • Business and Professions Code
  • Government Code
  • Consumer Code

Answer B
14
True or False
  1. Reporters are licensed under Chapter 13 of
    Division 3 of the Business and Professions Code.

True
15
  1. The power of the CSR Board to set disciple
    hearings is granted under the Code of Regulations.

False
16
  1. The Code of Regulations provides that the
    Executive Officer of the Board files accusations.

False
17
  1. The executive officer is appointed to make
    decisions under Section 11518 of the Government
    Code.

False
18
  1. A licensee need not list his number on his
    business card unless he is a professional
    corporation.

False
19
  1. The license number of a CSR need not appear on
    court transcripts if the CSR is an official
    reporter.

False
20
2407 Review of CSR Applications
  • The Board shall inform applicants in writing
    whether the application is complete within 30
    days of receipt of the application and fee.
  • The Board will inform applicants who have
    resubmitted an application which was previously
    rejected for deficiencies within 5 days of
    receipt.
  • The decision of the Board concerning examination
    results will be given within 100 days of the
    receipt of the application.

21
2408 Processing Time
  • The processing time for written examination
    results from the receipt of application until the
    Boards decision can vary from 30-100 days.

22
2411 Court Reporting Schools
  • A court reporting school must offer
  • Dictation class at 200 words per minute
  • Required transcription of at least five minutes
    of dictation at the students current speed
  • 215 hours of English
  • 125 hours of Medical
  • 175 hours of Legal
  • 25 hours of Technology
  • Instruction in court and depo procedures, ethics,
    legal research, and California codes
  • Apprenticeship

23
2418 Examination Application (a)
  • The application for examination must be made on a
    form prescribed by the board, accompanied by any
    documents required and fee.
  • The application must be filed at least 45 days
    prior to the next examination.

24
2418 Examination Application (b)
  • To be eligible for examination, an applicant
    must present proof of having met one of the
    requirements in Section 8020 of the Business
    Professions Code within 5 years of the
    application date.

25
  • The applicant must meet one of the following
    requirements of Section 8020 of the Business and
    Professions Code
  • One year of reporting experience
  • Completion of study at a licensed court
    reporting school
  • An NCRA certificate
  • A passing grade on the state hearing reporters
    examination
  • An accepted out-of-state license

26
2418 Examination Application (c)
  • An applicant seeking to qualify by work
    experience must have at least one year of
    experience making verbatim records of
    depositions, arbitrations, hearings, or other
    proceedings using machine shorthand.

27
  • The following types of experience are not
    accepted by the board
  • Captioning
  • Reporting classroom lectures, conferences, police
    or similar reports
  • Transcription of tapes, such as police reports,
    medical dictation or similar materials
  • One year means at least 1400 hours engaged in
    making verbatim records

28
2418 Examination Application (d)
  • A person seeking to qualify under subsection (b)
    of Section 8020 must be enrolled and attending
    classes at the school through which the applicant
    qualifies for not less than 45 days.

29
2418 Examination Application (e)
  • A person seeking to qualify under subsection (b)
    of Section 8020 must be provide a certificate
    evidencing completion of the court reporting
    school.
  • The certificate shall also attest that the
    applicant has passed a four-voice, 15-minute test
    given at 200 words per minute with 97.5 accuracy.

30
2419 Exam Time and Place Fees
  • Qualified applicants will be notified in writing
    of the time and place of their assigned
    examination.
  • An applicant who no-shows for the exam has
    abandoned his application. He must reapply for
    the next exam.
  • Likewise, an applicant who fails to finish the
    exam or does not pass the exam must file a new
    application for the next exam.

31
  • If the candidate is unable to take the exam due
    to illness or due to good cause, the applicant
    may petition the board before the exam or within
    10 days afterward to have his application fee
    credited toward the next exam.
  • Otherwise, there shall be no cash or other refund
    of any application fee to an applicant.

32
2420 Passing Grade and Credit
  • The examination consists of three parts (1)
    English, (2) Professional Practice, and (3)
    Dictation/ Transcription (Machine/Skill).
  • The passing grade of the Dictation/ Transcription
    part is 97.5.
  • The passing grade of the written knowledge parts
    is 70.

33
  • All applicants must pass all three parts of the
    exam within 3 consecutive calendar years or 6
    consecutive exams, whichever is greater.
  • An applicant who passes part of the exam will
    receive credit for that portion and has the right
    to be reexamined for the remaining parts. The
    remaining parts must be passed within the
    designated time period.
  • The time period may be extended by the board for
    one year (2 exams) under extraordinary
    extenuating circumstances which prevented
    retaking of the exam.

34
2421 Identifying Numbers Assigned
  • Each test candidate will be assigned an
    identifying number which shall be placed on all
    test materials.
  • No candidate shall place his name on any
    examination papers.

35
2422 Inspection of Exam Notification
  • Examinees are notified in writing of test
    results.
  • An unsuccessful candidate may inspect his
    transcript by sending a written request to the
    board within 30 days of the date of the exam
    results.
  • Written requests for reconsideration must be
    filed within 45 days following notification of
    exam results. Grounds for reconsideration must
    be stated.

36
2423 Destruction of Examination Papers
  • All examination papers will be destroyed 90 days
    following the date written notice of the results
    was mailed to all examinees.

37
2430 Duplicate Certificates
  • Duplicate certificates are available upon written
    request. There is a fee for this service.
  • An affidavit must accompany the request stating
    what happened to the original certificate.

38
  • If a reporter legally changes his name, the
    reporter may request the board issue a duplicate
    certificate.
  • Evidence of the new name must be provided to the
    board, and a fee must be paid.

39
2451 Due Dates of Fees
  • The application fee for each application is due
    and payable at the time of filing.
  • The original certificate fee is due and payable
    within 120 days after notification that the
    applicant has passed the exam.

40
2461 Definitions
  • Licensed person means a natural person who has
    a certified shorthand reporter certificate which
    is unexpired and in full force and effect.
  • Certificate of Registration means a certificate
    of registration as a shorthand reporting
    corporation.
  • Professional services means the practice of
    shorthand reporting as defined in Section 8017 of
    the Code.

41
2464 Application Refusal to Approve
  • An applicant corporation shall file with the
    board an application for certificate of
    registration, which shall be signed and verified
    by an officer of the corporation who is a
    licensed person.
  • An application fee of 200 must accompany the
    application.

42
  • The board, through its executive officer, must
    either approve the application and issue a
    certificate or disapprove the certificate.
  • Those refused the certificate of registration may
    request a hearing before the board.
  • No applicant shall engage in or render any
    professional services unless and until a
    certificate of registration has been issued.

43
2467 Ownership Transfers
  • The shares of a shorthand reporting corporation
    may be issued only to a licensed person and may
    be transferred only to a licensed person or to
    the issuing corporation.
  • If a shareholder dies or becomes disqualified for
    more than 90 days, his shares shall be sold and
    transferred to a licensed person or to the
    issuing corporation within 6 months of death or
    90 days of disqualification.

44
  • The disqualified person may repurchase such
    shares once he is no long disqualified.
  • The above restrictions must be forth in the
    corporations by-laws or articles of
    incorporation and in any share certificates.
  • Any income generated by the reporting firm while
    the shareholder is disqualified cannot be given
    to him.

45
2468 Certificate of Registration
  • A Certificate of Registration continues in effect
    until it is suspended or revoked for failure to
    comply with the code.
  • Every July 31st, each reporting firm shall file
    an annual report with the board, along with a
    filing fee.
  • It must also file a special report within 30 days
    to report any changes in its status along with a
    filing fee.

46
2468 Substantial Relationship Criteria
  • In order to suspend, revoke the license of, or
    otherwise discipline a reporter under BP Section
    470, the reporter must have committed a crime
    that is substantially related to shorthand
    reporting.
  • This requirement includes conviction of a crime
    involving fraud or dishonesty or violation of any
    law governing reporting.

47
2471 Criteria for Rehabilitation
  • In deciding whether an applicant has been
    rehabilitated, the CSR Board must look at the
    following factors
  • the seriousness of the crime
  • if any later crimes were committed
  • how long ago the crime was committed
  • if the applicant has fulfilled the conditions of
    his sentence
  • any other evidence submitted by the applicant

48
2473 Transcript Standards
  • A licensed reporter must adhere to minimum
    transcript standards when producing a transcript.
  • If the reporter works in court, the local rules
    of court will supersede this rule.

49
  • The ten minimum standards are
  • At least 25 lines per page
  • A full line of text must contain at least 56
    characters without timestamping and 52 with
    timestamping
  • The left-hand margin is the first character on
    the line of text
  • Each Q and A to begin on a separate line
  • Text must begin no more than 10 spaces from the
    left-hand margin, including Q or A symbols

50
  1. Colloquy and paragraphed material begins no more
    than 10 spaces from the left-hand margin, with
    carry-over lines to begin at the left-hand margin
  2. Carry-over Q and A lines to begin at the
    left-hand margin
  3. Quoted material to begin no more than 14 spaces
    from the left-hand margin with carry-over lines
    to being no more than 10 spaces from the
    left-hand margin

51
  • Parenthetical and exhibit markings of two lines
    or more must be no less than 35 characters per
    line
  • In colloquy, text must begin no more than two
    spaces after the colon following the speaker ID
  • Failure to comply with these minimum standards
    constitutes grounds for disciplinary action.

52
2480 Administrative Citations/Fines
  • The executive officer is authorized to issue
    citations for violations of the regulations.
  • A citation is issued whenever a fine is levied or
    an order of abatement is issued.

53
  • Any citations issued shall allow a reasonable
    period for correction of the violation and may
    include a fine, not to exceed 2500 a citation.
  • Citations will be in writing and describe the
    violation in detail and include the section
    violated.
  • The citation can be served personally or by
    certified mail.

54
  • The executive officer will take into account the
    circumstances of the violation in determining the
    amount of the fine.
  • The executive officer has the discretion to issue
    an order of abatement without levying a fine for
    the first violation.
  • If the cited person is unable to fulfill the
    conditions of the citation, he may ask for an
    extension of time in writing.

55
  • It is a violation not to carry out the terms of
    the order of abatement within the allotted time.
  • Further disciplinary action may result for such a
    failure.
  • The executive officer is authorized to issue
    citations against unlicensed persons or
    corporations performing shorthand services
    requiring a license.

56
2481 Informal Conference
  • A person cited may request, in writing, an
    informal conference with the executive officer
    within 10 days of receiving the citation, in
    addition to a hearing.
  • The executive officer may elect to hold an
    informal conference within 30 days of the request
    with the person cited and his legal counsel.

57
  • The executive officer may affirm or modify the
    citation at the end of such a conference and
    within 10 days state in writing his final
    decision.
  • A person cited does not waive his request for a
    hearing to contest the citation by requesting an
    informal conference, even if the executive
    officer affirms his decision.

58
Questions on Sections 2418-81
  • Applications for the CSR examination must be
    submitted 45 days prior to the date of the
    examination.
  • always
  • unless the applicant is qualified by the RPR
  • except when the applicant is repeating the
    examination
  • unless the application is accompanied by a 50
    percent penalty

Answer A
59
  • Applicants for the CSR examination who qualify by
    work experience must
  • have reported in court for six months
  • have had 2600 hours of actual reporting
  • have had at least one year of experience
  • a judges affidavit

Answer C
60
  • After the date the test results are mailed, an
    examinee may file an appeal within
  • 30 days
  • 45 days
  • 60 days
  • 120 days

Answer B
61
  • A shorthand reporting corporation must file a
    report with the Board
  • quarterly
  • annually
  • biannually
  • biennially

Answer B
62
  • After the results of the CSR are mailed, the
    examination papers shall be destroyed in
  • 30 days
  • 60 days
  • 90 days
  • 120 days

Answer C
63
  • Carry-over Q and A lines are to begin
  • no more than 10 spaces from the left margin
  • no more than 14 spaces from the left margin
  • at the left-hand margin

Answer C
64
  • In colloquy, text shall begin
  • no more than five spaces after the colon
  • no more than two spaces after the colon
  • no more than ten spaces after the colon

Answer B
65
  • Parenthetical and exhibit markings of two or more
    lines shall have no less than
  • 35 characters per line
  • 52 characters per line
  • 48 characters per line

Answer A
66
  • Colloquy begins
  • no more than 10 spaces from the left-hand margin
  • no more than 5 spaces from the left-hand margin
  • no more than 14 spaces from the left-hand margin

Answer A
67
  • There must be
  • 25 typed text lines per page
  • 26 typed text lines per page
  • 28 typed text lines per page

Answer A
68
  • An abatement is a
  • pleading
  • charge
  • decrease

Answer C
69
True or False
  1. An applicant for the CSR examination who is
    qualifying by work experience cannot use
    conference reporting as a qualification.

True
70
  1. An applicant for the CSR examination who can
    write 200 words per minute and wants to qualify
    by equivalent proficiency does not have to
    establish his knowledge in English.

False
71
  1. Shares in a shorthand reporting corporation may
    be issued only to a licensed person.

True
72
  1. Applicants for the CSR license put their names on
    the Professional Practice and English
    examinations but must use an assigned number on
    the skills test.

False
73
  1. If an applicant for licensure fails any part of
    the CSR examination, he must take all parts again
    at the next test.

False
74
  1. An examinee may present oral argument to the
    board in appealing the results of the test.

False
75
  1. A person cited with a violation may request a
    hearing and/or an informal conference with the
    executive officer of the board.

True
76
  1. Violation by a licensed CSR of any of the
    applicable provisions and laws may result in the
    executive officer of the board issuing an order
    of abatement.

True
77
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