Ala. Admin. Code r. 257-X-5-.03

Current through Register Vol. 43, No. 02, November 27, 2024

Section 257-X-5-.03 - Grounds For Discipline Of A Licensee Or Denial Of Renewal Or Reinstatement

The Board may fine, suspend, revoke, or otherwise discipline any court reporter or deny an application for renewal or reinstatement of a court reporter's license upon proof that the person:

(1) Is guilty of fraud or deceit in procuring or attempting to procure a license by:

(a) Filing false, forged or altered documents or credentials, including required continuing education documentation.

(b) Misrepresenting or falsifying facts in applying for original licensure, renewal, restoration, or reinstatement of license.

(c) Having another person appear for a licensing or certification examination.

(2) Has been convicted of, or has entered a plea of guilt, regardless of court disposition, to a charged criminal act that would tend to bring reproach upon the court reporter profession. Such criminal acts include, but are not limited to, offenses involving drugs, theft, lewdness, sexual misconduct, abuse, violence, fraud, or any other conduct deemed detrimental to the public's health, safety or welfare.

(3) Is impaired due to the use of alcohol, or is addicted to the use of habit-forming drugs to such an extent as to render the court reporter unsafe or unreliable which includes but is not limited to:

(a) Testing positive for alcohol and/or unauthorized drugs.

(b) A pattern of abuse or misuse of habit-forming and/or mood-altering drugs or alcohol.

(c) Impairment while providing court reporting services due to the use of drugs or alcohol.

(d) The use of alcohol or habit forming or mood-altering drugs to the extent that medical or psychiatric treatment, rehabilitation, or counseling is medically determined or otherwise recommended by a legally authorized practitioner.

(4) Has been convicted of any felony offense or has been convicted of any misdemeanor which would relate to the disqualifications contained elsewhere in Section 257-X-5-.03. In the event that a plea or finding of quilt is for a lessor or different offense, the Board shall have the authority to review the factual circumstances of the initial charge, any amended charge, and/or the conviction in determining what action, if any, is appropriate.

(5) Is guilty of unprofessional conduct of a character likely to deceive, defraud, or injure the public in matters of court reporting, which includes but is not limited to:

(a) Failure to comply with the Alabama Court Reporting Act and Rules and Regulations as well as federal, state or local laws, rules or regulations applicable to the area of court reporting practice;

(b) Failure to practice court reporting in accordance with the standards of practice adopted by the Board;

(c) Practice beyond the scope of practice as determined by, but not limited to educational preparation, license status, state and federal statutes and regulations, state and national standards appropriate to the type of practice, and court reporting experience;

(d) Gross negligence in the practice of court reporting;

(e) Falsification of credentials;

(f) Falsification of employment records;

(g) Representing oneself as a court reporter without a license;

(h) Having a license denied, conditionally issued, reprimanded, placed on probation, suspended, revoked, or voluntarily surrendered in another state, territory, or country, or having been court-martialed or administratively discharged by a branch of the United States Armed Forces for any act or conduct which would constitute grounds for disciplinary action in this state. A certified copy of the record of the agency that took such action shall be conclusive evidence of the grounds for discipline.

(i) Failure to keep the Board apprised of legal name change within thirty (30) days of name change.

(j) Failure to keep the Board apprised of change of address within thirty (30) days of address change.

(k) Non-compliance with the stipulated terms of a settlement agreement or consent order issued in this state or another jurisdiction pertaining to any license, certification or registration.

(6) Has failed to respond to official Board correspondence, including, but not limited to, requests for information, subpoenas, or notices.

(7) Has willfully or repeatedly violated any of the provisions of a statute or rule that includes but is not limited to:

(a) Practicing or seeking to practice court reporting without a current license;

(b) Impersonating an applicant for licensure or another licensed court reporter or permitting or allowing another person to use the court reporter's license;

(c) Continued violation of any statute or rule after notice by the Board;

(d) Failure to comply with any stipulated terms and conditions of any Board order or settlement agreement.

(8) Has failed to comply with continuing education requirements.

(9) Has submitted payment of any fees or fines to the Board with a worthless check, invalid credit card, or by any other method that is not honored by the financial institution.

(10) Has authorized his/her Court Reporter License number to be used on any transcript not produced through his or her personal effort or supervision, or both.

(11) Poses a risk to public safety for any other reasons stated by law.

Ala. Admin. Code r. 257-X-5-.03

New Rule: Filed April 19, 2007; effective May 24, 2007. Amended: Filed June 19, 2012; effective July 24, 2012.

Amended by Alabama Administrative Monthly Volume XXXV, Issue No. 08, May 31, 2016, eff. 7/9/2017.

Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 01, October 31, 2018, eff. 12/3/2018.

Author: Alabama Board of Court Reporting

Statutory Authority:Code of Ala. 1975, §§ 34-8B-1 thru 34-8B-18.