Section 0455-01-05-.04 - INVESTIGATION(1) Upon self-disclosure or receipt of a written complaint on a TBCR 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 acts specified as grounds for disciplinary action, the Disciplinary Counsel, to be designated by the Board, shall perform a preliminary review to determine if there is merit and sufficient evidence to warrant formal proceedings. The Consumer Complaint Form must be complete before an investigation is launched. Complaints must be submitted to the Board within ninety (90) days of the alleged occurrence, or within ninety (90) days of the discovery of a violation.(2) When the Disciplinary Counsel determines there may be merit and sufficient evidence exists to warrant proceedings, a hearing committee shall be formed consisting of three members, one of which must be an attorney and one of which must be a court reporter.(a) Within five (5) days of self-disclosure or receipt of a written complaint, the Disciplinary Counsel shall provide the court reporter against whom the complaint was made written notification of the complaint, allegation(s), and investigation process by certified mail or other delivery service that provides confirmation of delivery. The court reporter may submit, to the Disciplinary Counsel a written response and any supporting documentation within 15 days of the receipt of the written notification.(b) The committee shall review the complaint and other information submitted to determine if further investigation is warranted. 1. If an investigation is warranted, the Disciplinary Counsel will conduct further investigation, retaining an investigator, if necessary. If retained, the investigator shall work under the direction of the Disciplinary Counsel to conduct further investigation.2. At the conclusion of the investigation, the investigator shall submit an investigation report to be reviewed by the Investigative Committee who has the authority to act on the report. The Investigative Committee shall send written notification to the complainant and the court reporter, against whom the complaint was made, of any action it decides to take in response to the investigation report.(c) If the committee determines that an investigation is not warranted, the Disciplinary Counsel may close the investigative file, provided that the matter may be reinvestigated at any time if circumstances so warrant. The Disciplinary Counsel shall notify the complainant and the court reporter against whom the complaint was made.(3) When a preliminary review discloses that further investigation is not warranted, the Disciplinary Counsel may close the investigative file upon approval of the Chair of the Board, provided that the matter may be reinvestigated at any time if circumstances so warrant.Tenn. Comp. R. & Regs. 0455-01-05-.04
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 and 20-9-608.