Section 0455-01-04-.01 - STANDARDS OF PROFESSIONAL CONDUCT(1) In order to establish and maintain a high standard of integrity in the practice of court reporting, the following Standards of Professional Conduct shall be binding on every person holding a license, of any type, from the Board. A Tennessee Licensed Court Reporter:(a) Shall be fair and impartial toward each participant in all aspects of reported proceedings.(b) Should only accept an assignment if their level of competence will result in the preparation of an accurate transcript, shall refuse an assignment if they believe their abilities are inadequate, and shall recommend or assign an assignment to another licensee only if such licensee has the competence required for such assignment.(c) Shall provide information regarding services to be rendered regarding administration of professional services to all parties and shall make timely delivery of transcripts.(d) Must immediately disclose any conflict of interest or appearance of impropriety as soon as it arises pursuant to T.C.A. § 24-9-136.(e) Should immediately seek inactive status and refrain from practice if they become impaired and unable to function according to the standards of practice.(f) Shall preserve the confidentiality and ensure the security of information, oral or written, entrusted to the licensee by any and all of the parties in the proceeding.(g) Shall establish a plan for the security and preservation of un-transcribed notes and any backups, both paper and electronic. All such plans shall preserve notes and backups for a period of time that complies with statutory requirement or rules and guidelines of the court. In the absence of a law or rule, notes and backups must be retained for no less than five (5) years.(h) Shall affix the licensee's signature, license number and expiration date to a transcript to certify to its accuracy.(i) Shall not authorize the use of the licensee number on any transcript not produced through the personal effort or supervision, or both.(j) Shall not permit the use of the licensee name or firm's name, nor shall a licensee be associated in business ventures with persons or firms that the licensee has reason to believe to be engaging in fraudulent or dishonest business practices.(k) Shall inform the Board of Court Reporting if they have knowledge that another court reporter has committed a violation of these Standards of Professional Conduct or the Tennessee Court Reporter Act of 2009 that raises a substantial question as to that court reporter's honesty, trustworthiness, or fitness as a court reporter.(l) Shall cooperate with any investigation resulting from a complaint for disciplinary action.(m) Shall not commit a criminal act that reflects on the court reporter's honesty, trustworthiness or fitness as a court reporter.(n) Shall be truthful and accurate when making public statements or when advertising qualifications or services provided.(o) Shall meet all mandated continuing education requirements and should keep abreast of current literature and technological advances and developments.(p) Shall refrain from giving, directly or indirectly, any gift, incentive, reward or anything of value to attorneys or any other persons or entities associated with the litigation, except for items that do not exceed twenty-five dollars ($25.00) in the aggregate per individual each year.Tenn. Comp. R. & Regs. 0455-01-04-.01
Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed November 17, 2016; effective February 15, 2017. Amendments filed March 26, 2021; effective 6/24/2021.Authority: T.C.A. §§ 20-9-605 and 20-9-607.