Section 0455-01-05-.03 - GROUNDS FOR DISCIPLINE OF A LICENSEE OR DENIAL OF RENEWAL OR REINSTATEMENT(1) The Board may suspend, revoke or otherwise discipline any court reporter upon proof that the person:(a) Is guilty of fraud or deceit in procuring or attempting to procure a license by: 1. Filing false, forged or altered documents or credentials, including required continuing education documentation.2. Misrepresenting or falsifying facts in applying for original licensure, renewal, reactivation or reinstatement of license.3. Having another person appear for a licensing or certification examination.(b) Has been convicted of a felony or a crime of moral turpitude that reflects on the court reporter's honesty, trustworthiness or fitness as a court reporter in other respects.(c) 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.(d) 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: 1. Failure to comply with the Tennessee 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.2. Failure to practice court reporting in accordance with the standards of practice adopted by the Board.3. 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.4. Falsification of credentials,5. Falsification of employment records,6. Representing oneself as a court reporter without a license and,7. 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.(e) Has failed to respond to official Board correspondence, including but not limited to requests for information, subpoenas, or notices.(f) Has willfully or repeatedly violated any of the provisions of a statute or rule by conduct that includes but is not limited to:1. Practicing or seeking to practice court reporting without a current license.2. Impersonating an applicant for licensure or another licensed practitioner or permitting or allowing another person to use the court reporter license.3. Continued violation of statute or rule after notice by the Board.4. Failure to comply with any stipulated terms and conditions of any Board order or contract.5. Violation of one or more of the Standards of Professional Conduct found at Rule 0455-01-04-.01.(g) Has failed to comply with continuing education requirements.(h) Has submitted payment of any fees or civil penalties to the Board with a worthless check, invalid credit card, or by any other method that is not honored by the financial institution.(i) Poses a risk to public safety for any other reasons stated by law.Tenn. Comp. R. & Regs. 0455-01-05-.03
Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010.Authority: T.C.A. §§ 20-9-605, 20-9-606, 20-9-607, 20-9-608, 20-9-609, 20-9-610, 20-9-611 and 20-9612.