In re Amendment of Title 20, Chapter 20, Appendix 1, SCAD 2009–85.
| Decision Date | 17 November 2009 |
| Docket Number | No. SCAD 2009–85.,SCAD 2009–85. |
| Citation | 2009 OK 85,271 P.3d 776 |
| Parties | In re AMENDMENT OF TITLE 20, CHAPTER 20, APPENDIX 1—Rules of the State Board of Examiners of Certified Shorthand Reporters,andTitle 20, Chapter 20, Appendix 2—Rules Governing Disciplinary Proceedings of the State Board of Examiners of Certified Shorthand Reporters. |
| Court | Oklahoma Supreme Court |
This matter comes on before this Court upon a recommendation from the State Board of Examiners of Certified Shorthand Reporters to amend the Rules of the State Board of Examiners of Certified Shorthand Reporters and the Rules Governing Disciplinary Proceedings of the State Board of Examiners of Certified Shorthand Reporters. This Court finds that it has jurisdiction over this matter, and finds that the rules should be amended as requested.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED as follows:
• With regard to Title 20, Chapter 20, Appendix 1—Rules of the State Board of Examiners of Certified Shorthand Reporters, the amendments to existing rules and the adoption of new rules, as set out in the attached Exhibit A, are hereby approved and adopted, and
• With regard to Title 20, Chapter 20, Appendix 2—Rules Governing Disciplinary Proceedings of the State Board of Examiners of Certified Shorthand Reporters, the amendments to existing rules and the adoption of new rules, as set out in the attached Exhibit B, are hereby approved and adopted.
Publication of these rule changes shall appear in the Oklahoma Bar Journal within 30 days of the execution of this Order, and these rules, as amended, shall be released for publication in the permanent law reports.
These rules, as amended, will take effect on January 1, 2010.
DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 12TH DAY OF NOVEMBER, 2009.
1. Administration
2. Time and Place of Holding Examinations
3. Eligibility
4. Test Requirements
5. Transcripts—Supplies
6. Required Accuracy
7. Time
8. Identity of Candidates
9. Examination Materials—Custody of Transcription and Notes
10. Examination Materials—Property of the board
11. Standards for Scoring Transcripts
12. Notification of Results of Examination
13. Destruction of Papers
14. Enrollment
15. Certificates—Abbreviations—Seals
16. Duplicate Certificates
17. Change of Name or Address
18. Roll
19. Reciprocity
20. Annual Renewal of Certificate
21. Continuing Education
22. Standards Governing Approval of Continuing Education Programs
23. Annual Continuing Education Report
24. Voluntary Retired Certificate Status
TITLE 20—CourtsCHAPTER 20—Court ReportersAppendix 1—Rules of the State Board of Examiners of Certified Shorthand ReportersRule 1. Administration
The examination of a candidate who seeks enrollment as a certified shorthand reporter, and the general administration and renewal of such certificates, shall be under the direction and control of the Oklahoma State Board of Examiners of Certified Shorthand Reporters (hereinafter “the Board”). Pursuant to Section 1502 of Title 20 of the Oklahoma Statutes, the Board adopts the following rules. These rules shall apply to all persons who are enrolled as certified shorthand reporters, all persons otherwise certified or licensed as court reporters, or as acting court reporters, by the Oklahoma Supreme Court, and all persons appointed by the Chief Justice of the Oklahoma Supreme Court as temporary court reporters pursuant to Section 106.3B(d) of Title 20 of the Oklahoma Statutes. All of the foregoing persons are collectively referred to in these rules as “court reporters” and use herein of the terms “certificate” or “enrollment” shall also refer collectively to a court reporter's “license” or other official authorization to practice court reporting in Oklahoma.
The Board designates and authorizes the Director of the Administrative Office of the Courts to receive and accept on behalf of the Board any notice, submission or other correspondence referenced in these rules.
a) An examination for the qualification of candidates for certificates shall be conducted at least once a year at a specific time and location selected by the Board.
b) Candidates who have been found to be qualified, pursuant to the statute(s) governing the practice of court reporting and these rules, to sit for examination, shall be notified in writing of the time and place of such examination not later than thirty (30) days prior to the examination date.
a) Every candidate who seeks to be examined for enrollment as a certified shorthand reporter shall:
1) Prove to the satisfaction of the Board that he/she is:
i) of legal age;
ii) meets the requisite standards of ethical fitness; and
iii) has at least a high school education, or the equivalent thereof.
This information shall be furnished to the Board by a sworn, notarized affidavit;
2) Submit to the Secretary of the Board, or a designee, a properly completed application form provided by the Board, accompanied by such evidence, statements or documents as required by the Board, including an examination fee receipt from the Clerk of the Supreme Court showing payment of the fees required by the Board and approved by the Supreme Court;
3) Declare that he/she is a writer of shorthand by one of the accepted methods set forth Section 1503 of Title 20 of the Oklahoma Statutes; and
4) Prove that he/she meets the requirements set forth in Section 1503 of Title 20 of the Oklahoma Statutes.
b) Academic dishonesty during the examination process will result in the applicant's disqualification, and the applicant may not take the examination again for two (2) years from the date of the examination at which the applicant was disqualified.
c) A candidate who has previously failed an examination may be re-examined at any subsequent regular examination upon giving the Board notice via the standard application, and payment in full of the examination fee as set by the Board and approved by the Supreme Court. The examination fee must be paid for each examination taken by a candidate, regardless of the candidate's failure to pass a prior examination or any portion thereof. The examination fee will be forfeited if the candidate fails to appear for the examination, or fails to complete the examination, unless an exception is granted by the Board.
Rule 4. Test Requirements.
a) The examination for enrollment as a certified shorthand reporter shall consist of the following:
1) Testimony and Proceedings Skills Examination—A two-voice question-and-answer dictation of testimony at two hundred (200) words per minute for five (5) minutes. Speaker designations such as “Q” and “A” will not be read nor counted as words, but must be appropriately indicated in the transcript. One (1) hour will be given for the transcription of the question-and-answer dictation.
2) Literary Materials Skills Examination—A five-minute dictation of literary material at one hundred eighty (180) words per minute. One (1) hour will be given for the transcription of the literary dictation.
3) The Oklahoma Written Knowledge Test—A written knowledge test of not less than twenty-five (25) multiple choice questions relating to the Oklahoma law and court rules, duties of certified shorthand reporters, and general court procedure. This section of the examination will be administered in forty-five (45) minutes. Applicants will be provided with the study aids from which the test questions will be taken.
b) Candidates may take one or both of the skills examinations at any regularly scheduled examination. A candidate who has successfully completed either of the skills examinations may retain the credit for that portion of the examination for two (2) years from the date passed, and will not be required to retake that portion of the examination during the two (2) year period. There will be no reduction in examination fee for any applicant retaining credit for either skills portion of the examination.
c) A candidate who has successfully completed the Oklahoma Written Knowledge portion of the examination may retain the credit for that portion of the examination for two (2) years from the date passed, and will not be required to retake that portion of the examination during the two (2) year period. There will be no reduction in examination fee for any applicant retaining credit for the written knowledge portion of the examination.
d) A candidate who provides proof of passing the Registered Professional Reporter Examination of the National Court Reporters Association, or an equivalent test as authorized by the Supreme Court, is eligible for enrollment without taking the skills examinations described in paragraphs a(1) and a(2) of this Rule. The applicant must, prior to certification, pass the Oklahoma Written Knowledge portion of the examination, and meet all other applicable eligibility requirements.
a) Each candidate shall furnish all supplies and equipment necessary to take and transcribe the test, with the exception of transcription paper. Prior to each examination the Board will advise applicants of the permitted computer and/or word processing equipment that may be used to transcribe the examination.
b) A dictionary/electronic spell checker is permitted to be used in transcribing the test but must be furnished by the applicant.
In order to pass the examination, applicants will be required to attain ninety-five (95) percent accuracy, defined as a maximum of fifty (50) errors on the testimony question-and-answer skills examination and a maximum of forty-five (45) errors on the literary skills examination. A passing score on the Oklahoma Written Knowledge portion of the examination is seventy (70) percent or better.
One (1) hour will be given for the transcription of the testimony...
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