Ala. Admin. Code r. 257-X-5-.04

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

Section 257-X-5-.04 - Investigation

(1) Upon self-disclosure or receipt of a written complaint on an ABCR Consumer Complaint Form signed by the person making the complaint, alleging that a court reporter has violated a statute or rule by committing one or more of the actions specified as grounds for disciplinary action, the Executive Director shall perform a preliminary review of the facts stated to determine if a violation of the Board's law or its rules may have occurred. The Consumer Complaint Form must be complete before an investigation is initiated. Complaints must be submitted to the Board within ninety (90) days of the alleged occurrence.

(2) When a preliminary review discloses that further investigation is not warranted, the Executive Director may close the investigative file without any further action.

(3) When the Executive Director determines there may be merit and sufficient evidence to warrant an investigation, an investigative committee shall be formed, consisting of one (1) Board member, Board counsel, and the Executive Director.

(a) Within five (5) business days of receipt of a written complaint being filed against a licensee or unlicensed court reporter, the Board or its designee shall notify the court reporter of the allegations and provide a copy of the complaint by certified mail, addressed to the last known address of the court reporter on file with the Board. The court reporter may submit a written response to the allegations, together with any supporting documentation, to the Executive Director within fifteen (15) days of receipt of the Board's notification. In addition to submitting a written response to the allegations, a court reporter may submit a written request to speak to the investigative committee in person in response to the complaint within fifteen (15) days of receipt of the Board's notification. It is solely within the discretion of the investigative committee to grant or deny a request to meet with the investigative committee.

(b) The committee shall review the complaint and other information submitted to determine if further investigation is warranted.

1. If further investigation is warranted, the Board's investigator shall conduct a further investigation under the direction of the Executive Director;

2. At the conclusion of the investigation, the investigator shall submit a report to be reviewed by the investigative committee, which has the authority to act on the report.

3. The investigative committee shall send written notification to the complainant and the court reporter of any action it decides to take in response to the investigative report.

(c) If the committee determines that an investigation is not warranted, the Executive Director may close the investigative file. The Executive Director shall notify the complainant and the court reporter against whom the complaint was made that the investigation has been closed.

Ala. Admin. Code r. 257-X-5-.04

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 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.