A.R.S. tit. 32 ch. 40 — Arizona Revised Statutes Title 32 Chapter 40 — Board Of Certified Reporters

32-4001. Scope of chapter This chapter applies to persons, entities or courts that use stenographic or voice writing means of recording but does not apply to other means of recording. This chapter does not limit the contempt powers of the court or the authority of the court to discipline court employees. 32-4002. Definitions In this chapter, unless the context otherwise requires: 1. "Board" means the board of certified reporters. 2. "Certification" means a standard certificate that is issued by the board to a person who meets the requirements of sections 32-4021 and 32-4022 and does not include a temporary certificate. 3. "Certified reporter" means a person who is certified by the board and who records and transcribes a verbatim record in any sworn proceeding by means of written symbols or abbreviations in shorthand, machine writing or voice writing. 4. "Certify" means board authorization to engage in activities regulated by the board. 5. "Report" means to stenographically or by voice writing record and transcribe sworn proceedings. 6. "Voice writing" means the making of a verbatim record of the spoken word by means of repeating the words of the speaker into a device that is capable of digital translation into text. 32-4003. Reporter certification; violation A. A person shall not report proceedings in any court in this state and shall not report depositions in this state for use in any court in this state unless the person is certified pursuant to this chapter. B. A certified reporter shall sign and certify each transcript that the certified reporter prepares before the transcript may be used in court, except for transcripts that the reporter prepares for proceedings that occurred before July 1, 2000. C. A certified reporter shall include the title "certified reporter" or the abbreviation "CR" and the reporter's certificate number on the title or cover page of any transcript, on any business card, advertisement or letterhead and on the certificate of any transcript. D. It is unlawful for any person who is not certified pursuant to this chapter to represent oneself as a certified reporter. 32-4004. Board of certified reporters A. The board of certified reporters is established consisting of the following members: 1. The chief justice of the supreme court or the chief justice's designee. 2. One judge of the court of appeals who is appointed by the chief justice of the supreme court. 3. One superior court judge who is appointed by the chief justice of the supreme court. 4. Two certified reporters who are residents of this state, who have been official court reporters for at least five years and who are appointed by the chief justice of the supreme court. 5. Two certified reporters who are residents of this state, who have been freelance reporters for at least five years and who are appointed by the chief justice of the supreme court. 6. One attorney who is a resident of this state, who has been licensed to practice law in this state for at least five years and who is appointed by the chief justice of the supreme court. 7. One public member who is appointed by the chief justice of the supreme court. B. Members who are appointed pursuant to subsection A, paragraphs 2 through 7 serve five year terms. The chief justice shall fill a vacancy for any unexpired portion of a term in the same manner as the original appointment. C. A majority of the members shall elect a chairperson. D. Public members of the board are not eligible to receive compensation but are eligible to receive reimbursement for expenses pursuant to title 38, chapter 4, article 2. E. The board shall assure that a record of its meetings and all official actions, a register of all applicants for certification and a roster of all certified reporters are maintained. The board shall designate the location where it maintains the register and roster. 32-4005. Program administration; duties A. The supreme court shall: 1. Administer the reporter certification program. 2. Adopt rules. 3. Establish and collect fees, costs and penalties that are necessary for the implementation and enforcement of the program. B. The board shall: 1. Make recommendations to the supreme court regarding rules, policies and procedures to implement and enforce this chapter, including the following: (a) Applicant testing. (b) Fees. (c) A code of conduct. (d) Continuing education. (e) Any other matter pertaining to certified reporters. 2. Determine through testing and other means an applicant's ability to make a verbatim record of proceedings that may be used in any court by means of written symbols or abbreviations in shorthand, machine writing or voice writing. 3. Issue certificates to qualified applicants. 4. Investigate and take disciplinary action pursuant to section 32-4006. 5. Require each applicant to submit a full set of fingerprints to the supreme court for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. 32-4006. Enforcement and disciplinary procedures A. On its own motion or on receipt of a complaint, the board shall investigate, prosecute and adjudicate alleged violations of this chapter, as appropriate, and may conduct any investigation that would aid in the enforcement of this chapter. B. For the purposes of investigations or hearings under this chapter, the board may administer oaths and affirmations, subpoena witnesses, take evidence and require the production of documents, records or information, either kept in original form or electronically stored or recorded, or other items that are relevant or material to the inquiry. C. If a person refuses to obey a subpoena issued pursuant to this section, the board may request the superior court to issue an order that requires the appearance by a person or the production of documents or other items, or both. The court may treat the failure to obey the order as contempt of court and may punish the contempt. D. The board shall impose cease and desist orders, issue letters of concern or warnings or order revocation or suspension of certification for violations of this article and assess costs and penalties associated with these activities. These costs and penalties shall be deposited in the certified reporters fund established by section 32-4007. 32-4007. Certified reporters fund; report A. The certified reporters fund is established consisting of fees, costs and penalties collected pursuant to sections 32-4005, 32-4006 and 32-4008 and monies appropriated to the fund. The supreme court shall administer the fund. B. Monies deposited in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. C. The supreme court may receive and expend monies from the fund for the purposes of this chapter. D. On notice from the supreme court, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund. 32-4008. Fees The supreme court shall set and collect the following fees to carry out this chapter: 1. Examination fees. 2. Certificate application fees. 3. Certificate renewal fees. 4. Temporary certificate application fees. 5. Temporary certificate renewal fees. 6. Any other fees that are necessary and appropriate to carry out this chapter. 32-4021. Standard certification qualifications; application A. An applicant for standard certification as a certified reporter shall apply on approved forms and, at a minimum, shall: 1. Be at least eighteen years of age. 2. Be a citizen or legal resident of the United States. 3. Satisfy the requirements of section 32-4022. 4. Possess a high school diploma or general equivalency diploma or a similar document or certificate. 5. Pursuant to rules adopted by the supreme court, demonstrate reasonable proficiency in making verbatim records of trial or judicial or related proceedings. 6. Comply with the laws and rules and orders adopted by the supreme court governing certified reporters in this state. 7. Pay the fees established pursuant to section 32-4008. 8. Submit a full set of fingerprints with the fee prescribed in section 41-1750 to the supreme court for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. B. If the board is satisfied that an applicant meets the requirements of this section and section 32-4022, the supreme court shall issue a certificate to the applicant. The board may refuse to issue a certificate if section 32-4024 applies. 32-4022. Examination; requirements; exemption A. A person shall not be admitted to an examination without presenting satisfactory evidence to the board that before the date on which the application for an examination was filed the person has done at least one of the following: 1. Obtained one year of experience in making verbatim records of meetings, conferences, hearings or judicial or related proceedings by means of written symbols or abbreviations in shorthand, machine writing or voice writing and in transcribing these records. 2. Obtained a verified certificate of the satisfactory completion of a prescribed course of study from a court reporting school or a certificate from a school that evidences the equivalent proficiency and the ability to make a verbatim record of material that is dictated pursuant to rules adopted by the supreme court. 3. Obtained a national court reporters association's registered professional reporter or registered merit reporter certificate. 4. Obtained a valid certificate to practice court reporting that is issued by a state other than this state if the other state's requirements and certifying examination are substantially similar to or more stringent than those in this state. 5. Demonstrated reasonable proficiency in making verbatim records of trial or judicial or other related proceedings by passing an approved examination for certification pursuant to rules adopted by the supreme court. B. The examination for certification consists of the following two parts: 1. A national court reporters association's registered professional reporter examination, a national verbatim reporters association’s certified verbatim reporters association examination or an alternative demonstration of proficiency approved by the supreme court. 2. A written knowledge test of rules of the supreme court of Arizona and statutes of this state relating to court reporters. C. The board shall review the content and subject matter of the examination and shall make changes as deemed necessary. D. The supreme court shall specify a date and place for the examinations. E. Pursuant to rules adopted by the supreme court, an applicant who presents proof of having passed an examination approved by the supreme court including a national court reporters association's registered professional reporter examination, a national court reporters association's registered merit reporter examination, a national verbatim reporters association’s certified verbatim reporters association examination or an alternative demonstration of proficiency approved by the supreme court and the test prescribed by subsection B, paragraph 2 may apply for certification without taking and passing the examination prescribed by subsection B, paragraph 1. F. An applicant who fails to pass the examination prescribed by subsection B, paragraph 2 may apply for reexamination at any time. G. An applicant shall be disqualified from taking any future examination if the board determines that the applicant engaged in fraud, dishonesty or corruption while taking the examination. 32-4023. Certificate renewal A. Except as provided in section 32-4301, a certificate issued pursuant to this article is subject to renewal and expiration as prescribed by rules adopted pursuant to section 32-4005. B. The certificate holder is responsible for applying for a renewal certificate. On receipt of the renewal application and the renewal fee, the board shall issue the applicant a new certificate unless the board finds that the applicant does not meet the requirements for renewal or that section 32-4024 applies. C. A certificate holder shall inform the supreme court of any name or address change within thirty days after the change occurs. D. A certificate holder shall include with the application for renewal documentation satisfactory to the board that the certificate holder has successfully completed at least ten hours of approved continuing education each year. 32-4024. Certificate denial A. The board may refuse to issue a certificate or to renew a certificate if the board finds that any of the following applies: 1. The applicant does not meet to the board’s satisfaction the requirements under sections 32-4021 and 32-4022. 2. The applicant has not been fingerprinted and the supreme court has not received and reviewed the criminal records check analysis. 3. The applicant has not submitted the applicable documents and fees. 4. The applicant committed fraud, dishonesty, corruption or material misrepresentation in applying for a certificate or on a certificate examination in this state or another state. 5. The applicant has a record of conviction by final judgment of a felony offense or any other offense involving moral turpitude. 6. The applicant is currently on probation, parole or community supervision for a felony offense or is named in an outstanding warrant. 7. The court has ordered treatment for the applicant pursuant to title 36 or has found the applicant to be incapacitated pursuant to title 14. 8. The applicant is subject to revocation or suspension of a certificate pursuant to section 32-4041 or has had any occupational or professional license denied, revoked or suspended. 9. The applicant has been found civilly liable in an action involving fraud, misrepresentation, material omission, misappropriation, theft or conversion. B. Pursuant to rules adopted by the supreme court, the board may refuse to issue or renew a certificate for cause. 32-4025. Administration of oaths A certified reporter may administer oaths and affirmations. 32-4041. Revocation or suspension of certificate A. The board may revoke or suspend a certificate issued under this chapter for any of the following reasons: 1. Unprofessional conduct. 2. Violations of this chapter. 3. Gross negligence or incompetence in the performance of duties. 4. Fraud, dishonesty or corruption. 5. Inability to perform the duties of a certified reporter at a level of skill that is required by the board. 6. Aiding or assisting another person to engage in the verbatim reporting of any judicial proceeding if the other person is not a certified reporter. 7. Conviction by final judgment of a felony offense or any other offense involving moral turpitude. 8. The court has ordered treatment for a certified reporter pursuant to title 36 or has found a certified reporter to be incapacitated pursuant to title 14. B. Before revoking or suspending a certificate, the board shall give a certificate holder notice and an opportunity for a hearing, except that if the board finds that the public health, safety or welfare requires emergency action and incorporates a finding to that effect in the order, the board may order the summary suspension of a certificate pending a proceeding for certificate revocation or other action. 32-4042. Certificate reinstatement A person whose certificate was suspended or revoked by the board may apply in writing for a reinstatement of the certificate on a showing of good cause and paying the renewal fee. The board may grant or deny the request, may require the applicant to take or retake the examination for certification and may impose other conditions for reinstatement.