CODES MODULE, PART V

BUSINESS AND PROFESSIONS CODE,Part II

BUSINESS AND PROFESSIONS CODE

8000 Court Reporters Board

The CSR Board is composed of five members.Two of the five must be currently licensed CSRs with at least five years of experience immediately before their appointment.

8001 Appointments

CSR Board members serve four-year terms and can serve no more than two consecutive terms.The governor appoints the two board members who are CSRS and one of the three other members, who are known as “public members.”The Speaker of the Assembly and the Senate Rules Committee each appoint a public member.

8003 Officers; Quorum; Records

The board conducts yearly meetings.A chairman and vice chairman are selected at these meetings.Three members constitute a quorum for the transaction of business.Records shall be kept of all of the board’s activities.

8004 Payment of Expenses

Board member expenses are paid fmr from the fees collected.

8005

The CSR Board has the power to appoint committees.It appoints an executive officer and may employ others to carry out its functions.Rick Black is currently the executive officer.

8007 Applicants’ Qualification

The board has the power tofix the qualifications of an applicant for the CSR licensedetermine how the CSR examination will be givengrant certificates to applicants who meet the requirements it has established

8008 General Powers and Duties

The board also has the following powers:

to suspend or revoke a certificate (by the vote of 3 of 5 members)to charge and collect feesto renew all certificatesto issue subpoenasto investigate complaints against CSRs

8010 Complaint Against Licensee

Information regarding a complaint against a licensee will not be given to the public until an accusation is filed by the board and the licensee has been notified.Citations, fines, and orders of abatement can be disclosed to the public when the licensee is notified.

8015 Purposes of Chapter

The powers given to the board are given to aid the board

in establishing and maintaining a standard of competency in the profession of shorthand reportingin protecting the courts and the general public

8016 Necessity of Certificate

A reporter cannot practice shorthand reporting unless he has a currently valid license issued by the CSR Board.A license is not needed if a person works as a hearing reporter or has been working as a courtroom reporter before January 1983.

Please note:Although not specifically listed as an exception, a person can also work as a reporter within the federal court system, even though he does not possess a CSR license. The CSR Board, as an agency created under California law, does not have jurisdiction over any of the federal courts.

8017 Shorthand Reporting

The practice of shorthand reporting is the making of a verbatim (word-for-word) record of any oral court proceeding, deposition, or hearing by means of written symbols.This definition includes the accurate transcription of that verbatim record.

8018 CSR

A validly licensed shorthand reporter is known as a “certified shorthand reporter” or “CSR.”

8019 Violation as Misdemeanor

If a CSR violates the laws contained in the Business & Professions Code or helps another person violate them, he is guilty of a misdemeanor.

8020 Qualifications for Certificate

In order to qualify for a CSR license, a person

must be over 18must be a high school graduate or have a GEDmust pass the CSR examinationcannot have committed any crimes involving dishonesty or fraud

In order to qualify for a CSR exam, a person must present proof to the board that within the last five years he has

had one year of reporting experiencecompleted the prescribed course of study at a recognized court reporting schoolan NCRA certificatereceived a passing grade on the state hearing reporter’s examinationhas a valid reporter’s certificate from a state that has an equivalent examination (GA, ID, IL, IA, LA, NV, NY, TX, UT)

8021 Time/Place of Examination

The examination shall be given twice a year.

8022 Application; Fee

An applicant must file his application at least 45 days before the next examination date.The postmarked date is considered the date of filing.The board may require additional information pertaining to the applicant’s requirements.

8023 Necessity of Examination

No certificate is issued unless an applicant has passed the examination.

8023.5 English Language

In addition to the above requirements, if the CSR applicant is from a non-English speaking country, the board may also require that the applicant pass an English proficiency examination.

8024 Expiration of Certificate

CSR licenses are valid for one year.They must be renewed by midnight of the last day of the month of the CSR’s birthday.

8024.2 Expired Certificate Renewal

If a CSR license has expired, a reporter may renew it for up to three years by filling out a form and paying a renewal fee.If a reporter is more than 30 days late in paying the fee, a late fee must also be paid.The renewal, even if paid late, is only valid until the reporter’s next birthday, when the annual licensing fee is again due.

8024.3 Suspended Certificate Renewal

A suspended certificate is subject to expiration and must be renewed.Renewing the certificate does not mean that the certificate is no longer suspended.

8024.4 Revoked Certificate

A revoked certificate may not be renewed.If it is reinstated after its expiration, a reinstatement fee must be paid.

8024.5 Failure to Renew

If a CSR does not renew an expired license within three years of its expiration, he loses the right to renew the license.The expired certificate must be physically returned to the board.Once a certificate has expired, the CSR must go through the initial application process again (including retaking the CSR exam and paying all back fees) in order to be relicensed.

8024.6 Notify Board of Changes

A reporter must notify the CSR Board in Sacramento, in writing, within 30 days of making any change of address. If the reporter wants to report a name change, supporting documentation must be sent in to the CSR Board within 30 days.A penalty will apply if notification is not done timely.

8024.7 Inactive Category of Licensure

A holder of an inactive license may not engage in reporting as a profession.An inactive license must be renewed just like an active license, but there is not a continuing education requirement for renewal.

8025 Grounds for Suspension

A CSR may have a license suspended or revoked, or certification denied

if he is convicted of a crime substantially related to the shorthand reportingif he lies in order to originally become licensed

if he willfully violates professional duties, is grossly incompetent or acts unprofessionallyif he fails to file transcripts on timeif he loses his notes (on paper or disk)if he fails to pay levied finesif he is incapable of performing professional duties because of mental disabilities, physical infirmities, or drug or alcohol abuse

8025.1 Physical/Mental Examination

The board may require an applicant or licensee to submit to a physical or mental examination, if the suspects him to be incapable of performing his duties.Failure to submit will result in an automatic suspension.

A hearing must be requested within 12 days in writing.If a medical determination has been made that the individual is incapable to perform the duties of a reporter, his license will automatically be suspended.At the hearing, the applicant has the right to be represented by counsel, to examine witnesses, and to have a record made.

8026 Time for Action

The board may order a certificate suspended or revoked or may decline to issue a certificate when the time for appeal has elapsed, the judgment has been affirmed, or when probation is granted.

8030 Shorthand Reporters’ Fund

All fees and revenue received by the board will be placed in the Court Reporters’ Fund to carry out the activities of the board.

8030.2 Transcript Reimbursement

The Transcript Reimbursement Fund shall be maintained at $300,000 to provide shorthand reporting services to low-income litigants in civil cases.Any court costs awarded to a licensee who has been reimbursed must return those funds to the fund within 90 days of the award.

8030.4 Definitions

“Qualified legal services project” means a nonprofit project that provides legal services without charge to indigent persons.“Pro bono attorney” means any attorney or law firm licensed to practice law, which represents an indigent person.

“Applicant” means a qualified legal services project or pro bono attorney applying to receive funds from the Transcript Reimbursement Fund. It does not include pro se individuals.“Indigent person” means a person whose income does not exceed 125 percent of the poverty level.“Fee-generating case” means any case reasonably expected to result in payment of a fee for legal services.

8030.6 Disbursement of Funds

The board shall disburse funds for the preparation of an original and one copy of a transcript.If no transcript is ordered, the board may disburse an amount to cover a per diem charge.If a transcript is ordered after a per diem charge is paid out, that amount shall be deducted from the amount of the transcript.

The reporter’s invoice for transcripts shall be submitted along with supporting documentation to the board for payment. Payment will be allowed for both depo and court transcripts, including expedited transcripts up to a set limit.The maximum amount reimbursable may not exceed $20,000 per case.

The applicant must fill a notice with the court stating that he has received reimbursement for the transcript and that any costs received must be returned to the fund.The board will notify the applicant when the reporter is paid and will also notify the applicant to return funds if he is awarded any costs in the action.

Funds are disbursed on a first-come basis.Funds will disbursed no later than 30 days after application.If there are insufficient funds, the funds will be held over until the next fiscal year and paid then.If funds are not entitled to be paid, the board shall inform the applicant and the reporter the grounds for denial.

8030.8 Documentation Required

The board must be supplied the case name and numberevidence establishing that the litigant is indigentevidence stating the applicant is qualifiedproof the case is not fee-generatingproof the reporter is duly licenseda statement that any funds disbursed will be returned if costs are awardedan itemized invoice of the transcript charges

An qualified project may prove that it is qualified by submitting a letter from the director of the project stating that the project meets the standards and that the litigant is indigent.In addition, if a pro bono attorney seeks funds, he must also submit a letter certifying that he meets the requirements, that the case is not fee-generating, that the litigant is indigent.

8031 Fee Schedule

The fee for filing an application for each examination is $40.The fee for each portion of the examination (English, Professional Practices, or machine) cannot exceed $75.The initial certificate fee is equal to the renewal fee, except the amount may be halved if it expires within 180 days. It must be at least $50.

The renewal fee shall not exceed $125.A person working full-time for the State as a hearing reporter and who does not do any outside reporting does not have to pay the renewal fee for as long as he works.The penalty for failing to notify the board of an address change cannot exceed $50.

8040 Shorthand Reporting Corporation

A shorthand reporting corporation is a corporation which is authorized to render professional services as long as their working reporters are all duly licensed.

8043 Corporation Name

The name of a shorthand reporting corporation shall contain and be restricted to the name or last name of one or more of the shareholders, past or present, and must include the words “shorthand reporting corporation” or “certified shorthand reporter” or “C.S.R.,” and “a professional corporation.”

8044 Directors; Shareholders

Each director, shareholder, and officer of a shorthand reporting corporation shall be a licensed person.

8045 Income; Disqualified Persons

The income of a shorthand reporting corporation shall not accrue to any disqualified person.

8046 Scope of Practice

A shorthand reporting corporation may not do any act which would constitute unprofessional conduct.It shall be bound by all the regulations to the same extent as a person holding a license.

8047 Rules and Regulations

Shares of a shorthand reporting corporation owned by a disqualified person or a deceased person must be sold back to the corporation or other shareholders.A shorthand reporting corporation shall secure errors and omissions insurance as a condition of obtaining a certificate.

22450 Professional Photocopier

A professional photocopier is a person who reproduces documents for pay.A professional photocopier shall be registered by the county clerk of the county in which he resides or has his place of business.

22451 Application to Reporters

The previous chapter does not apply to shorthand reporters or official court reporters.

Questions on Sections 8000-22451

1. Within how many days must a licensee report a change of address to the Board?

Within 30 days

Multiple Choice

1. A certificate may not be denied because of

A. conviction of a crime not substantially related to the reporter’s duties

B. lying on the application for licensingC. repeated unexcused failure to

transcribe cases on appealD. gross incompetency in practice

Answer: A

2. Members of the CSR Board are appointed to serve for

A. one yearB. two yearsC. four yearsD. six years

Answer: C

3. The executive officer of the CSR Board is appointed by the

A. CSR BoardB. Speaker of the AssemblyC. GovernorD. Director of the Department of

Consumer Affairs

Answer: A

4. Which of the following is not necessarily a valid qualification for taking the examination for a CSR certificate? The applicant must show that within the last five years preceding the date of application, he or she has obtained

A. one year of experience in making a verbatim record of judicial proceedings

B. a certificate of completion of a prescribed course of study in a recognized reporting school

C. a valid CSR certificate of licensure issued by a state other than California whose requirements are deemed comparable to California’s

D. a college degree

Answer: D

5. Application to take the CSR examination must be postmarked

A. 10 days before the date of examinationB. 30 days before the date of examinationC. 45 days before the date of examinationD. 60 days before the date of examination

Answer: C

6. Which of the following are not grounds for suspension, revocation, or denials of certificate

A. The applicant or licensee refused to submit to a physical or mental examination as deemed necessary by the board.

B. The applicant or licensee is unable to perform the duties of a CSR due to physical or mental impairment.

C. The applicant or licensee is unable to perform the duties of a CSR due to chemical abuse.

D. The applicant or licensee has unpleasant physical characteristics which make him or her offensive to the public.

Answer: D

7. The purpose of the Transcript Reimbursement Fund is

A. to provide funding for the CSR Board whenever its regular funding is inadequate or suffers a shortfall

B. to provide relief to shorthand reporters who are experiencing temporary financial hardship

C. to provide shorthand reporting services to low-income litigants in civil cases

D. to provide reimbursement to the shorthand reporter for out-of-pocket expenses incurred in creating a transcript

Answer: C

8. The Transcript Reimbursement Fund shall be maintained at a level of

A. $100,000B. $200,000C. $300,000D. $500,000

Answer: C

9. The reporter may submit his or her invoice for payment from the Transcript Reimbursement Fund to the

A. County Clerk’s officeB. State TreasurerC. pro bono attorneyD. CSR Board

Answer: D

10.In one year, transcript bills under the Transcript Reimbursement Fund for any one case shall not exceed

A. $20,000B. $5,000C. $2,500D. $10,000

Answer: A

11.The two certified/licensed members of the CSR Board must have been

A. members of the CCRA for at least five years

B. certificate/license holders for at least five years

C. actively engaged in reporting for at least five years

Answer: C

12.Which is not required for a renewal of a license?

A. proof of activity as a reporter during the previous year

B. notification of any pending charges of a charge related to reporting

C. payment of a renewal fee

Answer: A

13.Standards of competency for shorthand reporters are established to protect

A. court reportersB. attorneysC. the public

Answer: C

14.Which of the following is not a true statement? The CSR Board

A. is in the Department of Consumer Affairs

B. consists of three public members and two reporter members

C. requires a quorum of three to conduct business

D. is funded by tax dollarsAnswer: D

15.Licenses which have been suspended or revoked

A. require certification of continuing education for activation

B. are subject to the same expiration dates as valid licenses

C. require requalification

Answer: B

16.The CSR Board shall not disburse Transcript Reimbursement Funds to a reporter or applicant for

A. an original and one copy of a court or deposition proceeding

B. per diem costs if no deposition transcript is ordered

C. charges for expedited or daily transcriptsD. notary and handling costs

Answer: D

17.To receive reimbursement from the Transcript Reimbursement Fund, the reporter must submit which of the following documentation?

A. a copy of the transcript(s) providedB. an invoice of charges and applications for

refundC. a letter from the attorney certifying

receipt of the transcript(s)

Answer: B

18.A licensee having a change of name or address must

A. call the CSR Board in Sacramento to notifyB. call the Department of Consumer AffairsC. notify the CSR Board at the time of license

renewalD. notify the CSR Board within 30 days of the

change

Answer: D

19.An inactive license A. expires after three yearsB. is subject to the same expiration

date as an active licenseC. is “on hold” indefinitely

Answer: B

20.To renew a license which has been expired more than three years, the applicant

A. just has to meet continuing education requirements

B. may not activate itC. can activate it by paying delinquent feesD. can activate it by supplying a doctor’s

affidavit

Answer: A

21.Which of the following maximums set for the disbursement of Transcript Reimbursement Funds is incorrect?

A. $20,000 per case per yearB. $2,500 per case per yearC. $10,000 per case per year

Answer: C

22.A case is not considered fee generating if

A. the case is expected to result in an award

B. there is a contingent fee agreementC. adequate representation is

unavailable

Answer: C

True or False

1. It is not necessary to have a CSR license to report a proceeding conducted before a commissioner.

False

2. A person whose license has expired may not use the initials “CSR” after his name.

True

3. Salaried, full-time employees of a state agency may take verbatim statements even though they do not hold CSR licenses.

True

4. Reporters who do not have licenses may take depositions if the attorneys stipulate to the use of a non-CSR.

False

5. Reporters may take depositions in Workers Compensation cases even though they are not licensed.

False

6. A statement reporter employed by the D.A.’s office must have a CSR license.

True

7. It is a felony to take a deposition without holding a CSR license.

False

8. Information regarding a complaint against a specific license may be disclosed to the public as soon as a written complaint is received by the CSR Board.

False

9. A licensee may call the Board in Sacramento to notify them of a change in address.

False

10.A licensee may notify the Los Angeles office of the Department of Consumer Affairs of a change in address instead of the CSR Board in Sacramento.

False

11.All license renewal fees are due on January 1 of each year.

False

12.The CSR Board may adopt regulations which are reasonably necessary to carry out the provisions of the Business and Professions Code.

True

13.ABC Accurate Reporters would be a proper name for a shorthand reporting corporation.

False

14.ABC Reporting Corporation would be a proper name for a shorthand reporting corporation.

False

15.The words “shorthand reporting corporation” must appear in the name of a reporting corporation.

False

16.If an applicant is from a country where the principal language is not English, the board may administer a supplementary English test.

True

17.The penalty for failure to notify the board of a change of address is $125.00.

False

18.A shorthand reporting corporation, in conducting its practice, is bound by the same rules and regulations as an individual shorthand reporter.

True

19.A contingent fee arrangement with a client is not considered to be a fee-generating case.

False

20.Reporters billing the Transcript Reimbursement Fund may not bill for more than one half of their normal charges.

False