Cite as 2011 Ark. 170 SUPREME COURT OF ARKANSAS No. Opinion Date April 14, 2011 IN RE BOARD OF CERTIFIED COURT REPORTER EXAMINERS PER CURIAM The Board of Certified Court Reporter Examiners has submitted proposed changes to The Rule Providing for Certification of Court Reporters. The Board has requested these changes to clarify sections 7 and 8 of the Rule. We have reviewed the suggested changes and adopt the amendments to the Rule, which shall be effective immediately. The changes to the Rule are illustrated in the End Notes. Section 7 Discipline (a) Sanctions. For violations of this Rule or “Regulations of the Board of Certified Court Reporter Examiners,” the Board for good cause shown, and by a majority of four (4) votes from the Board concurring, after a public hearing by the Board, may sanction a reporter by ordering a public admonition, or by suspending or revoking any certificate issued by the Board. In the alternative, the Board, with four (4) votes concurring, may sanction a reporter with a private, non-public admonition. Discipline by consent, as set out in Section 8 of these
Cite as 2011 Ark. 170 Rules, may also be utilized by the Board for any violations of the aforementioned Rule or Regulations. * * * (i) Probable cause determination. Before a formal Complaint may be prepared on any reporter, the written approval of four (4) members of the Board shall be given to the draft complaint as prepared. Before any formal Complaint may be served on a reporter, it shall be approved by the signature of the Board Chair. Section 8 Surrender of certificate — Discipline by consent. (b) Discipline by Consent (4) The consent proposal, along with copies of the formal Complaint, and the recommendations of the Board Chair or representative, shall be presented to the Board by written ballot to either accept or reject the proposed disposition. The decision shall be determined by four (4) concurring votes of the Board. The respondent reporter will be notified immediately in writing of the Board’s decision. Rejection will result in the continuation of the formal Complaint process. END NOTES Section 7 Discipline (a) Sanctions. For violationsing any of the provisions of Sections 19 or 22 of the of this Rule or “Regulations of the Board of Certified Court Reporter Examiners,” the Board for good cause shown, and by a majority of four (4) votes from the Board concurring, after 2
Cite as 2011 Ark. 170 a public hearing by the Board, may sanction a reporter by ordering a public admonition, or by suspending or revoking any certificate issued by the Board. In the alternative, the Board, with four (4) votes concurring, may sanction a reporter for minor or lesser misconduct with a private, non-public admonition. by dDiscipline by consent, as set out in Section 8 of these Rules, may also be utilized by the Board for any violations of the aforementioned Rule or Regulations. * * * (i) Probable cause determination. Before a formal Complaint may be prepared on any reporter, the written approval of four (4) members of the Board shall be given to the draft complaint as prepared as filed. Before any formal Complaint may be served on a reporter, it shall be approved by the signature of the Board Chair. Section 8 Surrender of certificate — Discipline by consent. (b) Discipline by Consent (4) The consent proposal, along with copies of the formal Complaint, and the recommendations of the Board Chair or representative, shall be presented to the Board by written ballot to either accept or reject the proposed disposition. The decision shall be determined by four (4) concurring votes of the Board. The respondent reporter will be notified immediately in writing of the Board’s decision. Rejection will result in the continuation of the formal Complaint process. 3
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