Ala. Admin. Code r. 257-X-5-.11

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

Section 257-X-5-.11 - Reinstatement Of A Revoked, Suspended, Or Expired License

(1)Reinstatement of a revoked or suspended license due to violations of Board statutes or rules:

(a) Application for reinstatement:

1. May be made twelve (12) months after the effective date of revocation unless otherwise specified in the Board's final order revoking or suspending the court reporter's license; and

2. Shall be made according to forms and guidelines provided by the Board.

3. Applicants for reinstatement of revoked or suspended licenses are required to have paid all current and past due fees and fines to the Board. In addition, applicants for reinstatement of a revoked license must meet all current certification requirements, including passage of the Written Knowledge and skills examinations, and any additional requirements imposed under the Board's rules.

(b) Applications for reinstatement of a revoked or suspended license may be resolved informally or through the formal hearing process.

(c) In considering reinstatement of a revoked or suspended license, the Board may evaluate factors that include but are not limited to:

1. Severity of the act(s) that resulted in suspension or revocation of the license;

2. Conduct of the applicant subsequent to the suspension or revocation of license;

3. Lapse of time since suspension or revocation;

4. Compliance with all reinstatement requirements stipulated by the Board;

5. Evidence of rehabilitation as shown by affidavits provided directly to the Board from qualified individuals who have professional knowledge of the applicant;

6. Whether the applicant is in violation of any applicable statute or rule;

7. Whether, directly or by implication, the applicant has represented in any way that he/she is a licensed court reporter.

(2)Reinstatement of an expired license due to failure to renew during the grace period:

(a) Application for reinstatement:

1. May be made at any time after the license expired due to a failure to renew during the grace period

2. Shall be made according to forms provided by the Board.

3. An expired license may not be reinstated until the court reporter has paid all delinquent fees and met all current certification requirements, including passage of the Written Knowledge and skills examinations, and any additional requirements imposed under the Board's rules.

(b) Applications for reinstatement may be approved by the Executive Director or by a vote of the Board at a scheduled board meeting.

(c) In considering reinstatement of an expired license, the Board or its Executive Director may evaluate factors that include but are not limited to:

1. Whether the individual has continued to practice court reporting without a license;

2. Whether the individual responded to Board correspondence;

3. Whether the individual provided the Board's administrative office with updated addresses and telephone numbers.

(3) An affirmative vote of a majority of the members of the board is required to reinstate a revoked, suspended or expired license.

(4) Applicants for reinstatement of a revoked or suspended license must pay a reinstatement fee.

(5) Applicants for reinstatement of a revoked or suspended license must complete 0.5 Continuing Education Units (CEUs) for each renewal year the applicant has failed to renew the license, unless otherwise specified in the Board's final order revoking or suspending the court reporter's license.

Ala. Admin. Code r. 257-X-5-.11

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 Alabama, 1975, §§ 34-8B-1 thru 34-8B-18.