CHAPTER Plc 1200 COURT REPORTERS
Statutory Authority: RSA 310-A:164; RSA 310:6, II
REVISION
NOTE:
The Executive Director adopted Chapter
Plc 1200 governing court reporters as an interim rule in Document #13547,
effective 2-1-23. The Executive Director
subsequently adopted and filed Document #13585, effective 3-23-33, repealing
Chapter Rep 100 through Chapter Rep 500 of the former Board of Court Reporters. The
repeal of Chapter Rep 100 through Chapter Rep 500 meant that Document
#13547 containing Chapter Plc 1200 replaced all prior filings affecting rules
of the former Board of Court Reporters.
The filings prior to Document #13585
which affected the former Chapter Rep 100 through Rep 500 included the
following documents, where italics indicate the rules were subject to
expiration only pursuant to RSA 541-A:17, II:
Rep 100
#9150, effective 5-2-08
Rep 200
#9151, effective 5-2-08
#9152, effective 5-2-08
#10966, effective 10-31-15
Rep 300
#9153, effective 5-2-08
#10967, effective 10-31-15
Rep 400
#9153, effective 5-2-08
#10967, effective 10-31-15
Rep 500
#9153, effective 5-2-08
#10967, effective 10-31-15
The Executive Director subsequently
readopted with amendments Chapter Plc 1200 as a regular rule in Document
#13704, effective 8-1-23. thereby replacing the former interim rule for Plc
1200 in Document #13547. Amendments in
Document #13704 included adding new definitions of “criminal records check” in
Plc 1202.04, “military spouse” in Plc 1202.10, and “on active military duty” in
Plc 1202.11. Document #13704 also
extensively amended Part Plc 1204 on initial licensure and Part Plc 1206 on
renewal of licenses, including insertion of new rules and deletion of existing
rules, to apply the procedures on initial licenses, temporary licenses, and
renewal of licenses in Chapter Plc 300.
These amendments necessitated the renumbering of other existing rules in
Part Plc 1204 and Part Plc 1206 that had been filed in Document #13547.
PART Plc
1201 PURPOSE AND APPLICABILITY; SENDING
NOTICES AND LICENSES
Plc 1201.01 Purpose. The purpose of this chapter is to implement
RSA 310-A:161-181 relative to regulating the practice of court reporting, to
promote public welfare and maintain a high standard of integrity, skills, and
practice in the profession of court reporting in New Hampshire, by establishing
requirements for:
(a)
Obtaining and renewing a license to practice court reporting;
(b)
Obtaining the reinstatement of a license to practice court reporting
that has expired or otherwise been rendered inactive or invalid; and
(c)
The regulation of the practices of licensed court reporters, including
establishing ethical and professional standards required to be met by each
holder of a license.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1201.02 Applicability. This chapter shall apply to any individual
who intends to practice or who does practice court reporting in New Hampshire.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc 1201.03 Notifications; Issuance of Licenses.
(a)
All notifications sent to applicants and licensees and all licenses
issued pursuant to this chapter shall be sent to the applicant’s or licensee’s
designated email address.
(b)
All notifications and licenses sent to a designated email address for
which the OPLC does not receive any indication that the email was not delivered
shall be deemed to have been received by the individual who designated the
email address.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
PART Plc 1202 DEFINITIONS
Plc
1202.01 “Advisory board” means the
advisory board of court reporters established pursuant to RSA 310-A:163.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1202.02 “Court reporter” means “court
reporter” as defined in RSA 310-A:162, II, namely “a person who has met the
requirements set forth in this subdivision and is licensed to engage in
shorthand reporting or voice writing.”
For purposes of this definition, “this subdivision” means RSA 310-A:161-181.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1202.03 “Court reporting” means
capturing the live testimony in or for legal proceedings using machine writing
or voice writing to create an official certified transcript of the
proceedings.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1202.04 “Criminal records check” means
the process undertaken by the NH department of safety (NHDOS) that requires
live scanned prints to be taken digitally and submitted electronically to the
NH criminal records unit and the FBI.
The term includes a “criminal history record” but does not include an
“online NH criminal conviction check”.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1202.05 “Designated email address”
means the email address provided by an applicant or licensee as the address for
the OPLC to use when sending notifications and licenses.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1202.06 “Executive director” means the executive
director of the office of professional licensure and certification (OPLC) or
designee.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1202.07 “License” means “license” as defined in RSA
541-A:1, VIII, namely “the whole or part of any agency permit, certificate,
approval, registration, charter or similar form of permission required by
law.” For purposes of this chapter, the
term includes any similar form of approval to practice court reporting in any
jurisdiction.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1202.08 “Licensing bureau” means the organizational
unit within the OPLC’s division of licensing and board administration that is
responsible for accepting and processing applications.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1202.09 “Machine writing” means “machine writing” as
defined in RSA 310-A:162, III, namely “the making of a verbatim record of the
spoken word by means of the use of phonetic entries into a stenotype machine.”
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc 1202.10 “Military spouse” means an individual who is
legally married to an individual who is on active military duty.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1202.12 “Personal contact information” means an
individual’s home or other personal telephone number, home address, home
mailing address if different, and designated email address.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1202.13 “Shorthand reporting” means “shorthand
reporting” as defined in RSA 310-A:162, V, namely “the making by means of
written symbols or abbreviations in shorthand or machine writing a verbatim
record of the spoken word.”
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1202.14 “Voice reporting” means “voice reporting” as
defined in RSA 310-A:162, VI, namely “the making of a verbatim record of the
spoken word by means of voice writing.”
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1202.15 “Voice writing” means “voice writing” as
defined in RSA 310-A:162, VII, namely “the making of a verbatim record of the
spoken word by means of an individual repeating the words of the speaker into a
device either capable of digital translation into English text, or a device
capable of creating a tape or digital recording.”
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1202.16 “Working day” means any
Monday through Friday, excluding days on which state offices are closed in
observance of holidays.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
PART Plc 1203 ADVISORY BOARD
Plc
1203.01 Advisory Board Members Appointment and
Qualifications.
(a) Pursuant to RSA 310-A:163, the executive
director shall establish an advisory board of court reporters consisting of 3
members.
(b) As required by RSA 310-A:163:
(1)
Two members shall be licensed court reporters and one member shall be
licensed to practice law in New Hampshire;
(2)
Each member shall be appointed to a term of 3 years; and
(3)
No member shall serve more than 2 consecutive full terms.
(c) The members who
are licensed court reporters shall:
(1)
Be currently licensed in New Hampshire when appointed and
for the duration of the term; and
(2)
Have actively practiced in New Hampshire for at least one year
immediately preceding appointment to the advisory board.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1203.02 Meetings and Records of
Advisory Board.
(a) The advisory board shall meet at the call of
the executive director.
(b) Meetings of the advisory board shall be held
at the OPLC’s offices in Concord, NH, or in such other location as the
executive director determines will be most convenient for the largest number of
anticipated attendees.
(c) Notice of meetings shall be provided as
required by RSA 91-A.
(d) Records of the advisory board shall be
maintained by the OPLC as required by RSA 91-A.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1203.03 Responsibilities of Advisory
Board.
(a) As provided in RSA 310-A:163, the advisory
board shall advise the executive director regarding the implementation of RSA
310-A:161-181, including in particular reviewing and commenting on proposed
rules and proposed revisions to rules intended to implement RSA 310-A:161-181.
(b) If requested by the executive director based
on a determination that the expertise of the advisory board members is needed,
members of the advisory board shall sit as part of a panel for an adjudicative
hearing conducted pursuant to applicable provisions in Plc 200 and RSA 541-A.
(c) If requested by the executive director based
on a determination that the expertise of the advisory board members is needed,
the advisory board shall assist with an investigation commenced pursuant to RSA
310:9 and Plc 204 relative to investigations.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1203.04 Records of Predecessor Board. The records of the board of court reporters
that existed prior to July 19, 2022, the effective date of Laws of 2022, ch.
64, shall be:
(a) Retained by the executive director in
accordance with the retention schedule established pursuant RSA 310:4, II(e) and available in the frequently asked questions (FAQ)
section of the OPLC website at https://www.oplc.nh.gov; and
(b) Available for public review as provided in
Plc 100.
Source.
(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23
PART Plc
1204 INITIAL LICENSURE
Plc
1204.01 Statutory Qualifications for
Licensure. To qualify for licensure
as a court reporter in New Hampshire, an applicant shall:
(a) As required by RSA 310-A:169, hold one of the
following titles:
(1)
Registered Professional Reporter (RPR), from the National Court Reporters
Association (NCRA); or
(2)
Certified Voice Reporter (CVR), from the National Verbatim Reporters
Association (NVRA);
(b) As required by RSA
310-A:170, III:
(1) Be at least 18 years of age;
(2) Be a citizen of the United States or legally
able to work;
(3)
Be of good moral character; and
(4)
Have a high school education, or the equivalent thereof, as defined by
the department of education; and
(c) As required by RSA 310-A:167, demonstrate
competence in:
(1)
The use of verbatim methods and equipment to capture, store, retrieve,
and transcribe pretrial and trial proceedings or other information;
(2)
Creating verbatim transcripts of speeches, conversations, legal
proceedings, meetings, and other events when written accounts of spoken words
are necessary for correspondence, records, or legal proof;
(3)
Ensuring a complete, accurate, and secure legal record; and
(4)
Working in varieties of settings, such as taking depositions in
attorney’s offices, documenting proceedings of meetings, conventions, and other
private activities, and documenting proceedings taking place in government
agencies at all levels from the United States Congress to the state and local
government bodies.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1204.02 Applying for Initial
Licensure.
(a) Any individual who meets
the statutory qualifications as reiterated in Plc 1204.01 and wishes to become licensed as a
court reporter in New Hampshire shall submit an application for licensure in
accordance with this section.
(b) Each applicant for initial licensure shall
submit to the executive director:
(1)
A “Universal Application for Initial License” dated March 2023, as
tailored for court reporter licenses, that contains the information specified
in Plc 304.03 and Plc 1204.03 and is signed and attested to as specified in Plc
304.05;
(2)
The documentation identified in Plc 304.04 and Plc 1204.04; and
(3)
An application processing and licensing fee as required by Plc 1002.10.
(c) Each applicant shall also complete the
process established by the NHDOS for requesting a criminal records check,
accessible via the NHDOS website at https://www.nh.gov/safety/ or directly at https://services.dos.nh.gov/chri/cpo/, including paying any required fee and
directing that the results be sent to the OPLC.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1204.03 Information Required for
Initial License Application. In addition
to the information required by Plc 304.03, the applicant for an initial license
to practice court reporting shall provide the following information:
(a) Whether the applicant is certified by the
NCRA or the NVRA and the date(s) of the applicant’s receipt of initial
certification and most recent certification, if different;
(b) Information about the applicant’s education,
as follows:
(1)
Whether the applicant graduated from high school or obtained an
equivalent; and
(2)
For each institution of higher education attended by the applicant, the
name and address of the institution, the years attended, the degree earned, if
any, and the graduation date, if any; and
(c) Information on the applicant’s experience in
positions that require the skills identified in RSA 310-A:167, as follows for
each position held within the last 10 years:
(1)
Dates of employment, title(s) of position(s), and present address of
employer;
(2)
Character of employment including types of work performed and degree of
responsibility; and
(3)
Name and present address of someone familiar with each position.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1204.04 Information and Documentation
Required for Initial License Application.
In addition to the information and documentation required by Plc 304.04,
the applicant shall provide the following with an application submitted
pursuant to Plc 1204.02:
(a) A copy of the applicant’s high school diploma
or equivalency certificate;
(b) Proof of being at least 18 years of age, such
as a copy of an official government identification card or driver’s license
showing a date of birth or a copy of the applicant’s birth certificate;
(c) Proof of U.S. citizenship, such as a birth
certificate or naturalization papers, or if not a U.S. citizen, proof of the
applicant’s legal status and ability to work in the U.S.;
(d) A copy of the applicant’s current certification
as a Registered Professional Reporter (RPR) from the NCRA or as a Certified
Voice Reporter (CVR) from the NVRA, as applicable; and
(e) As required by RSA 310-A:177, a valid surety bond for the penal sum of $1,000 that meets
the conditions specified in the statute, reprinted in Appendix C.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1204.05 Initial Review of
Applications for Initial Licensure; Abandonment.
(a) Within
30 days of receipt of an application submitted pursuant to Plc 1204.02, the
licensing bureau shall process the application as provided in Plc 304.06.
(b) The application shall be subject to the
abandonment provisions of Plc 304.06(h).
(c) If the application is abandoned, the
application processing and licensing fee shall not be refunded.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1204.06 Withdrawal of Application for
Initial Licensure.
(a) An applicant may withdraw an application for
licensure at any time prior to being notified of a decision under Plc 1204.07
by proceeding in accordance with Plc 304.07.
(b) If the application is withdrawn, the
application processing and
licensing fee shall not be refunded.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1204.07 Review of Complete
Applications for Initial Licensure; Decisions.
(a) After determining that an application is
complete, the licensing bureau shall review the application to determine
whether the applicant meets all criteria for licensure.
(b) The licensing bureau shall issue a license to
any applicant:
(1)
Who meets the statutory qualifications referenced in Plc 1204.01;
(2)
Who has submitted an application that meets the requirements of Plc
1204.02; and
(3)
For whom none of the circumstances listed in Plc 1204.10 apply, provided
that:
a.
If any of the circumstances listed in Plc 1204.10 form any part of the
basis for denial, the licensing bureau shall refer the application to the
executive director to commence an adjudicative proceeding in accordance with
Plc 206; and
b.
The circumstances shall be disregarded unless proven by a preponderance
of the evidence as a result of the
adjudicative proceeding.
(c) The licensing bureau shall notify the
applicant of the decision on the application in writing sent to the applicant’s
designated email address.
(d) If the licensing bureau determines that the
applicant has not demonstrated that all requirements to obtain a license, other
than those addressed in (a)(3), above, are met, then:
(1)
The licensing bureau shall deny the application; and
(2)
The notice sent pursuant to (b), above, shall inform the applicant that
the denial shall be final in 30 days unless the applicant requests a hearing in
writing within 30 days.
(e) If the application is denied, the application
processing and
licensing fee shall not be refunded.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc 1204.08 Initial
Licenses: Issuance and Duration.
(a) Each initial license to practice court
reporting issued by the OPLC shall specify:
(1)
The name of the licensee;
(2)
The effective date of the license;
(3)
The license number; and
(4)
The method of
reporting the licensee is licensed to use.
(b) An initial license shall:
(1)
Be valid for 2 years from the date of issuance as provided in RSA 310:8,
II, provided that the timely filing of a complete renewal application shall
continue the validity of the license being renewed until final action is taken
on the renewal application;
(2)
Expire 2 years from the date on which the license was issued unless a
timely and complete renewal application is filed or the license is sooner
suspended or revoked in accordance with Plc 1208; and
(3)
Be subject to renewal.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc 1204.09 Challenging a Denial of Initial Licensure. An applicant who wishes to challenge the
denial of an application for initial licensure shall do so as provided in Plc
304.10.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1204.10 Grounds for Denial of Application. An application for licensure shall be denied
if, after notice and an opportunity for hearing, there is a finding based on a preponderance of the
evidence that:
(a) The applicant, or someone acting on the
applicant’s behalf, has submitted false material information to the OPLC in
connection with the application;
(b) Disciplinary action has been taken by another
licensing body or a professional society or association based on circumstances
that indicate the applicant cannot be relied upon to practice competently and
honestly, or adhere to the standards of conduct required by the applicable
statutes and Plc 1200;
(c) The applicant has been convicted of a felony
or misdemeanor based on circumstances that indicate the applicant cannot be
relied upon to practice competently and honestly, or adhere to the ethical
standards required by the applicable statutes and Plc 1200; or
(d) The applicant has engaged in behavior that
violates the ethical standards of the applicable statutes and Plc 1200.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1204.11 Facilitated Licensing for Active
Duty Military and Military Spouses.
(a) An applicant for licensure who is on active
military duty or who is a military spouse shall apply for licensure as provided
in Plc 1204.02, except that no application processing and licensing fee shall
be required.
(b) Each applicant who applies for facilitated
licensing under this section shall be eligible to obtain a facilitated license
if the applicant:
(1)
Meets the qualifications for licensure summarized in Plc 1204.01; or
(2)
Is licensed or registered in another jurisdiction, provided that the
other jurisdiction’s licensure or registration requirements are substantially
equivalent to, or more stringent than, New Hampshire’s requirements as
described in Plc 1204.01.
(c) Any individual who obtains a facilitated
license under this section shall comply with all license renewal requirements
specified in Plc 1206 if the individual wishes to continue to work as a court
reporter in New Hampshire after the term of the initial license.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1204.12 Temporary Licensure. An applicant for an initial license to
practice court reporting may apply for a temporary license as provided in Plc
305 or Plc 306, as applicable, if the individual is licensed and in good
standing in another U.S. jurisdiction having requirements for court reporter
licensure that are substantially the same as, or more stringent than, New
Hampshire’s.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
PART Plc 1205 LICENSEE OBLIGATIONS; CONTINUING
EDUCATION
Plc
1205.01 Licensed Court Reporter Seal
Required.
(a) As required by RSA 310-A:172, upon receiving
a license as a court reporter, the licensee shall acquire an impression type
seal or rubber stamp of the design specified in (b), below.
(b) The seal shall consist of 2 concentric
circles, with the outer circle having a diameter of 1-9/16 inches and the inner
circle having a diameter of 15/16 inches.
In the space between the circles, the top shall be the words “Licensed
Court Reporter” and at the bottom “State of New Hampshire”. In the space inside the inner circle shall be
the full name of the licensee and the license number written horizontally, and
the reporting method as shown on the license.
(c) As required by RSA 310-A:172, the licensee
shall affix the seal to all transcripts prepared by the licensee or prepared
under this licensee’s direct supervision for use in New Hampshire.
(d) As prohibited by RSA 310-A:172, no licensee
shall:
(1)
Stamp or seal any document with the licensee’s seal or do any other act
as a licensed court reporter after the license has expired or has been
suspended, revoked, or surrendered voluntarily; or
(2)
Stamp or seal any document that was not prepared by the licensee
personally or under the licensee’s direct supervision.
(e) As required by RSA 310-A:179, each licensed
court reporter shall display the license number on any transcripts produced by
the licensee and on all business cards and other information made available to
the public by the licensee.
(f) Each licensed court reporter also shall
display the license number on any transcripts produced by the licensee and on
all business cards and other information made available to the public by the
licensee in electronic format.
(g) Each licensed court reporter shall ensure
that the license number is displayed on any of the items listed in (e), above,
that are prepared or made available to the public on behalf of the licensee,
whether in material form or electronically.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1205.02 Licensee Obligations to
Notify.
(a) Each licensee shall:
(1)
Notify the licensing bureau within 10 working days when a change of name
occurs; and
(2)
Update the OPLC’s records within 10 working days when a change of home
or business address or change in personal telephone number or designated email
address occurs.
(c)
Each licensee shall know, and shall make available upon request, the
process for filing a complaint with the OPLC.
(d) Each licensee shall inform the licensing
bureau within 10 working days of:
(1)
The commencement of any civil action or insurance claim filed against
the licensee that alleges malpractice; and
(2)
Any decision(s) made in such civil actions or insurance claims.
Source.
(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23
Plc
1205.03 Licensee Responsibilities for
Renewal. Each licensee shall:
(a) Know when the license is due to expire; and
(b) File an application for renewal prior to the
expiration of the current license in accordance with Plc 1206.02 if the
individual wishes to continue to practice in New Hampshire.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1205.04 Inactive Status.
(a) Any licensee may request that the license be
put on inactive status in accordance with this section.
(b) To request inactive status, the licensee
shall submit a written request to the licensing
bureau that:
(1)
Explains the reason(s) why inactive status is being requested; and
(2)
Specifies:
a.
The length of time for which inactive status is requested; or
b.
If a finite time period is not being requested, identifies the event(s)
that will result in the licensee wishing to become active again, such as discharge
from active duty service in the armed forces.
(c) Upon receipt of a request in accordance with
(b), above, the licensing bureau shall place the licensee on
inactive status.
(d) To request a return to active status prior to
the expiration date of the inactive license, the licensee shall submit a
written request that specifically requests a return to active status to the licensing bureau.
(e) To request a return to active status after
the expiration date of the inactive license, the licensee shall submit to the
licensing bureau:
(1)
A written request that specifically requests a return to active status;
(2)
A complete application for renewal as specified in Plc 1206.02; and
(3)
Payment of the renewal application processing and licensing fee
specified in Plc 1206.02(d).
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Source.
(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23
Plc
1205.06 Documentation Requirements;
Audits.
(a) Each licensee shall retain documentation of
participating in continuing education for the current license term and the most
recent renewal period, which may be a print-out of the tracking system used by
the NCRA or NVRA, as applicable.
(b) The
executive director shall audit licensee participation in continuing education
by:
(1) Randomly selecting 10% of licensees each year
to be audited; and
(2) Notifying each selected licensee of the audit
by email sent to the licensee’s designated email address.
(c)
The notice sent pursuant to (b)(2), above, shall direct the licensee to
submit documentation for the continuing education claimed by the licensee for
the most recent renewal period to the executive director by a specified date,
which shall be no sooner than 30 days from the date of the notice.
(d)
A licensee selected for audit shall submit the requested documentation
to the executive director no later than the date specified in the notice.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
PART Plc
1206 RENEWAL OF LICENSES; REINSTATEMENT
Plc 1206.01 Notification of Pending License Expiration.
(a) At least 60 days prior to the expiration of a
license issued pursuant to RSA 310-A:161-181 and Plc 1200 or rules of the
predecessor board in title Rep, the licensing bureau shall:
(1)
Notify, in
writing to the licensee’s designated email address, each licensee whose license
is expiring that:
a.
The license is due to expire;
b.
Failure to file a complete and timely application for renewal shall
result in the license expiring;
c.
If the license expires, the licensee shall not be able to work legally
in New Hampshire unless and until a license is reinstated;
d.
The application for reinstatement shall require a new application
processing and licensing fee and proof of certification by the NCRA or NVRA, as
applicable; and
e.
The application processing and licensing fee paid with the renewal
application shall not be refunded; and
(2)
Include with
the notice a copy of the application identified in Plc 1206.02(a) or, when the
application becomes available on-line, a registration code for the licensee to
use to renew on-line.
(b) A licensee
who wishes to renew a license who does not receive an application or
registration code shall contact OPLC customer support at CustomerSupport@oplc.nh.gov
to obtain an application or code.
(c)
A licensee
whose license has expired shall not practice court reporting in New Hampshire unless
and until the license has been reinstated.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc 1206.02 Applying for License Renewal. A licensee who wishes to renew a license to
practice court reporting shall submit the following to the licensing bureau:
(a)
A completed “Universal Application for License Renewal” dated March 2023, as tailored for court
reporter licenses, that provides the information
required by Plc 308.06 and is signed and attested to as specified in Plc
308.08;
(b)
The information and documentation required by Plc 308.07 and Plc
1206.03, as applicable;
(c)
The information and attestation relative to meeting continuing
competence requirements, as specified in Plc 1206.04; and
(d)
An application processing and
licensing fee as required by Plc 1002.10, provided that applicants
applying for facilitated licensure as active military or a military spouse
shall not pay the fee.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc 1206.03 Information and Documentation Required for
Renewal Application. In addition to
the information and documentation required by Plc 308.07, the applicant shall
submit the following with a renewal application:
(a)
If the applicant is not a U.S. citizen, proof of authorization to work
in the U.S.; and
(b) Proof of a valid surety bond for the penal
sum of $1,000 that meets the conditions specified in RSA 310-A:177, reprinted
in Appendix C.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc 1206.04 Information and Attestation Relative to
Continuing Competence.
(a)
An applicant for renewal of a court reporter license shall provide the
following information relative to continuing competence:
(1) The total number of hours achieved by the
applicant in continuing professional education courses since the beginning of
the current license term; and
(2) The following information for each continuing
professional education course for which credit is claimed:
a. The name of the course or activity;
b. The beginning and ending date(s) of the
course or activity;
c. The name of the sponsor or provider of the
course or activity; and
d. The total number of hours attributable to the
course or activity.
(b)
Submission of the information shall constitute the applicant’s
attestation that the applicant has met all continuing competence requirements
of the NCRA or NVRA, as applicable.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1206.05 Initial Review of Renewal Applications. Within
30 days of receipt of an application submitted pursuant to Plc 1206.02, the
licensing bureau shall process the application as
provided in Plc 308.09.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1206.06 Withdrawal or Abandonment of
Renewal Application.
(a) An applicant may withdraw an application to
renew a license at any time prior to being notified of a decision under Plc
1206.07 by proceeding in accordance with Plc 308.10.
(b) A renewal application shall be deemed to be
abandoned if the applicant files an incomplete application and does not provide
all information necessary to complete the application when directed to do so
pursuant to Plc 308.09.
(c) If the application is withdrawn or abandoned,
the application processing and
licensing fee shall not be refunded.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1206.07 Review of Complete Renewal
Applications; Decisions.
(a) The licensing
bureau shall review complete applications as provided in Plc 308.11.
(b) The licensing bureau shall renew the license
of any applicant:
(1)
Who continues to meet the statutory qualifications referenced in Plc
1204.01;
(2)
Who has submitted an application that meets the requirements of Plc
1206.02;
(3)
Who meets the eligibility for renewal criteria specified in Plc 308.02;
and
(4)
For whom none of the circumstances listed in Plc 1206.09 apply, provided
that:
a.
If any of the circumstances listed in Plc 1206.09 form any part of the
basis for denial, the licensing bureau shall refer the application to the
executive director to commence an adjudicative proceeding in accordance with
Plc 206; and
b.
The circumstances shall be disregarded unless proven by clear and
convincing evidence as a result of the adjudicative proceeding.
(c) The licensing bureau shall notify the
applicant of the decision on the application in writing sent to the applicant’s
designated email address.
(d) If the licensing
bureau determines that the applicant has
not demonstrated that all requirements to obtain, other than those addressed in
(a)(3), above, a license are met, then:
(1)
The licensing bureau shall deny the application; and
(2)
The notice sent pursuant to (c), above, shall inform the applicant that
the denial shall be final in 30 days unless the
applicant requests a hearing in writing within 30 days.
(e)
If the application is denied, the application processing and
licensing fee shall not be refunded.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc 1206.08 Renewal
Licenses: Issuance and Duration.
(a) Each renewal license to practice court
reporting issued by the OPLC shall specify:
(1)
The name of the licensee;
(2)
The effective dates of the license;
(3)
The license number; and
(4)
The method the licensee shall be authorized to use.
(b) Renewal licenses shall:
(1)
Be valid for 2 years from the date of issuance, provided that the timely
filing of a complete renewal application shall continue the validity of the
license being renewed until final action is taken on the renewal application;
(2)
Expire 2 years from the date on which the license was issued unless a
timely and complete renewal application is filed or the license is sooner
suspended or revoked pursuant to Plc 1208; and
(3)
Be subject to renewal biennially.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1206.09 Grounds for Denial of Renewal. Renewal shall be denied if, after notice and
an opportunity for hearing, the executive director finds by clear and
convincing evidence that:
(a) The applicant has committed an unethical act
for which discipline shall be imposed under Plc 1208; or
(b) The applicant no longer complies with the
other statutory qualifications for licensure.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc 1206.10 Challenging a Denial of License Renewal. An applicant who wishes to challenge the
denial of an application for license renewal shall do so as provided in Plc
308.12.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1206.11 Reinstatement of a License
After Expiration.
(a)
An individual whose license has expired shall not practice in New
Hampshire unless and until the individual has obtained a license in accordance
with RSA 310-A:161-181 and Plc 1200.
(b)
An individual whose license has expired who wishes to obtain a license
in New Hampshire shall apply for a renewal license in accordance with Plc 1206
and demonstrate that the applicant is certified by the NCRA or NVRA, as
applicable, provided that an individual who did not renew the license prior to
its expiration based on a good faith belief that the individual would no longer
be practicing in New Hampshire may request a waiver of the certification
requirement in accordance with (c), below.
(c)
To request a waiver of the certification requirement, the individual
shall submit a written request for a waiver in writing to the licensing bureau
that:
(1) Explains the basis for the individual’s good
faith belief that the individual would no longer be practicing in New
Hampshire, such as a business or personal reason for leaving the area; and
(2) Provides such proof as is available for the
belief, such as a copy of a job offer in another jurisdiction or an affidavit
stating the personal reasons for leaving.
(d)
The executive director, in consultation with the advisory board, shall
grant the waiver if the individual demonstrates that the failure to timely
renew was based on a good faith belief that the individual would no longer be
practicing in New Hampshire and was not due to neglect.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc 1206.12 Reinstatement of a License Previously
Suspended or Revoked.
(a)
An individual whose license was suspended pursuant to Plc 1208, or whose
license was suspended by the New Hampshire board of court reporters prior to
July 19, 2022, who wishes to have the license reinstated shall:
(1) If the request is made before the expiration
date of the suspended license, submit a written request to the licensing bureau
that demonstrates compliance with all conditions of the suspension order and
plan of correction, including completing any additional continuing competence
activities, being certified by the NCRA or NVRA, as applicable, and paying any
monetary penalties imposed, but not paying an additional application processing
and licensing fee;
or
(2) If the request is made after the expiration
date of the suspended license:
a. Submit an application for renewal, including
demonstrating all requirements for renewal have been met including
certification by the NCRA or NVRA, as applicable;
b. Pay all monetary penalties imposed, if any;
c. Pay the costs associated with the suspension,
if imposed pursuant to RSA 310:12,V or other applicable law; and
d. Demonstrate that all conditions imposed in
the suspension order have been met.
(b)
An individual whose license was revoked pursuant to Plc 1208, or whose
license was revoked by the New Hampshire board of court reporters prior to July
19, 2022, who wishes to have a license reinstated shall:
(1)
Submit an application for renewal licensure in accordance with Plc 1206.02,
including demonstrating that the applicant is certified by the NCRA or NVRA, as
applicable; and
(2) Demonstrate that all conditions imposed in
the revocation order have been met.
(c)
If the licensing bureau makes
a preliminary determination that the applicant does not qualify for a license
or does not qualify for an unrestricted license, the licensing bureau shall refer the matter to the
executive director, who shall initiate an adjudicative
proceeding pursuant to Plc 200 to determine whether to deny the application or
to reinstate the license with conditions.
(d)
A license shall not be granted to an individual who previously held a
license whose license was suspended or revoked unless and until the individual
has:
(1) Complied with any requirements that are part
of the suspension or revocation order;
(2) Paid the costs associated with the suspension
or revocation, if imposed pursuant to RSA 310:12, V or other applicable law;
(3) Paid any monetary penalties imposed under Plc
1208 or predecessor rules in title Rep; and
(4) Demonstrated that the individual meets all
other requirements for a renewal license and is certified by the NCRA or NVRA,
as applicable.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
PART Plc 1207 ETHICAL AND PROFESSIONAL STANDARDS
Plc
1207.01 Purpose and Applicability.
(a) The purpose of this part is to establish
ethical and professional standards to maintain a high standard of integrity,
skills, and practice in the profession of court reporting.
(b) These rules shall be binding upon each
individual who is licensed as a court reporter in New Hampshire.
Plc
1207.02 National Associations Codes
of Ethics as Binding Ethical Standards.
(a) Licensees who obtained initial licensure
based on being certified by the NCRA shall comply with the NCRA Code of Ethics,
available as noted in Appendix B, except as modified in RSA 310-A:180, I and
II, reprinted in Appendix C.
(b) Licensees who obtained initial licensure
based on being certified by the NVRA shall comply with the NVRA Code of Ethics,
available as noted in Appendix B, except as modified in RSA 310-A:180, I and
II, reprinted in Appendix C.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1207.03 Additional Licensee
Obligations. Each person to whom
these standards apply also shall:
(a) Comply with RSA 310-A:161-181, Plc 307.04 as
effective May 1, 2023,
reprinted in Appendix D,
and Plc 1200;
(b) Obey in good faith, and within any time
periods specified, any disciplinary or remedial orders issued by the executive
director;
(c) Interact with colleagues and clients with
honesty and integrity;
(d) Not misrepresent professional qualifications
or certifications;
(e) Cooperate with lawful investigations by the
executive director;
(f) Treat all individuals with whom the person
interacts in a professional capacity with respect and civility;
(g) Not engage in hazing or sexual, verbal, or
physical harassment of any individual when interacting in a professional
capacity; and
(h) Not discriminate based on age, sex, gender
identity, race, creed, color, marital status, familial status, physical or
mental disability, or national origin.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
PART Plc 1208 PROCEDURES; DISCIPLINARY ACTIONS
Plc 1208.01 Rules of Practice and Procedure;
Definition.
(a)
The rules in Plc 200 shall govern procedures for:
(1) The receipt of misconduct complaints and the
investigation thereof;
(2) The conduct of disciplinary proceedings,
including emergency proceedings;
(3) Waivers;
(4) Voluntary surrender of licenses; and
(5) Any other procedures not included in this
chapter.
(b)
For purposes of this part, “respondent” means the person against whom a
disciplinary sanction is proposed to be imposed.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1208.02 Procedures for Imposition of
Sanctions.
(a) Other than immediate license suspensions
authorized by RSA 541-A:30, III, the executive director shall impose
disciplinary sanctions only:
(1)
After prior notice; and
(2)
An opportunity for an adjudicative hearing or pursuant to a mutually
agreed upon settlement or consent decree.
(c) The following shall be considered aggravating
circumstances:
(1)
The seriousness of the offense;
(2)
Prior disciplinary record;
(3)
State of mind at the time of the offense;
(4)
Lack of willingness to cooperate with the executive director; and
(5)
Potential harm to public health and safety.
(d) The following shall be considered mitigating
circumstances:
(1)
Absence of a prior disciplinary record;
(2)
State of mind at the time of the offense;
(3)
Willingness to cooperate with the executive director;
(4)
Acknowledgment of wrongdoing; and
(5)
The purpose of the rule or statute violated.
Source.
(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23
Plc 1208.03 Conditions of License Suspension or
Revocation.
(a) If a license is suspended, the licensee shall
prepare and submit a plan of correction to address each violation that provided
a basis for the disciplinary proceeding.
(b) The executive director shall review the
submitted plan of correction and:
(1)
Approve the plan, if it:
a.
Addresses each violation that provided a basis for the disciplinary
proceeding; and
b.
Identifies one or more specific actions that the licensee shall take and
specifies a deadline for taking each action that is reasonable given the nature
of the action to be taken; or
(2)
Return the plan to the licensee for revision and resubmission if the
plan does not meet the requirements for approval specified in (1), above.
(c)
A licensee whose license was suspended may request the license to be
reinstated in accordance with Plc 1206.11(a).
(d) If a license is suspended or revoked, any
subsequent application for licensure shall include a plan of correction that
addresses each violation that provided a basis for the disciplinary proceeding.
(e)
An individual whose license has been revoked and who wishes to reapply
for a license shall apply as for license reinstatement in accordance with Plc
1206.11(b).
(f)
A license shall not be granted to an individual who previously held a
license but whose license was revoked unless and until the individual has
complied with the requirements on which the revocation was based, has paid all
monetary penalties imposed, and has paid the costs associated with the
revocation, if imposed pursuant to RSA 310:12, V or
other applicable law.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1208.04 Reciprocal Discipline.
(a) When the executive director receives notice
that a licensee has been subjected to disciplinary action related to
professional conduct by the licensing authority of another jurisdiction, the
executive director shall issue an order directing the licensee to demonstrate
why reciprocal discipline should not be imposed in New Hampshire.
(b) In a disciplinary proceeding brought on the
basis of discipline imposed in another jurisdiction, the licensee shall be
subject to any disciplinary sanction authorized by RSA 310-A:174, III,
reprinted in Appendix C, or RSA 310:12, I, after considering the presence of
aggravating or mitigating circumstances as specified in Plc 1208.02(c) and (d).
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Plc
1208.05 Administrative Fines.
(a)
The executive director shall issue a written notice to any individual
proposed to be subjected to an administrative fine that notifies the
individual:
(1)
Of the violation(s) for which the administrative fine is proposed;
(2)
Of the amount of the proposed administrative fine;
(3)
That the individual may request a hearing prior to the imposition of the
fine; and
(4)
Of the deadline for requesting a hearing, which shall be no sooner than
20 days from the date of the notice.
(b) If the recipient of the notice requests a
hearing, the hearing shall be conducted in accordance with the provisions in
Plc 200 and RSA 541-A that govern adjudicative proceedings.
(c) The individual may choose to waive the right
to a hearing and pay the proposed fine, in which case the fine shall be paid to
and received by the executive director within 30 days of receipt of the notice.
(d) Administrative fines for violations of RSA 310-A:161-181
and Plc 1200 shall not
exceed the following amounts, and in no event shall exceed $2,000 per
violation:
(1)
When no violation of the same type has occurred during a period of
licensure within the 5 years preceding the executive director’s notice to the
respondent, the fine assessed shall not exceed $100 per day or $500 per
violation, whichever is greater;
(2)
When a single violation of the same type has occurred during a period of
licensure within the 5 years preceding the executive director’s notice to the
respondent, the fine assessed shall not exceed $200 per day or $1,500 per
violation, whichever is greater;
(3)
When more than one violation of the same type has occurred during a
period of licensure within the 5 years preceding the executive director’s
notice to the respondent, the fine assessed shall not exceed $200 per day or
$2,000 per offense whichever is greater; and
(4)
In the case of repeated violations, a separate fine shall be assessed
for each occurrence of the violation, but the total amount of the fine and the
respondent’s promptness and cooperativeness in ceasing the prohibited conduct
in question shall be considered in assessing the daily fines.
(e) A single course of continuing conduct shall
be treated as a single violation for purposes of Plc 1208.03(d)(1), (2), and
(3).
(f) Nonpayment of a fine by a licensee or
respondent in contravention of an order, agreement, or promise to pay shall be:
(1)
A separate ground for discipline;
(2)
A basis for denying a subsequent license or renewal application; or
(3)
A basis for judicial action seeking to collect the fine.
Source. (See Revision Note at chapter heading for Plc
1200) #13704, eff 8-1-23
Appendix A:
State Statutes Implemented
|
Rule |
State
Statute Implemented |
|
Plc 1200 (see below for more
specific statutes) |
RSA 310-A:161-181 |
|
Plc 1203 |
RSA 310-A:163 |
|
Plc 1204 |
RSA 310-A:167-170 |
|
Plc 1204.12 |
RSA 332-G:14 |
|
Plc 1205 |
RSA 310-A:172; RSA 310-A:178 |
|
Plc 1206 |
RSA 310-A:173 |
|
Plc 1207 |
RSA 310-A:180 |
|
Plc 1208 |
RSA 310-A:174-175 |
Appendix B: Incorporated
References
|
Rule |
Reference
Incorporated |
Available
at: |
|
Plc 1207.02(a) |
NCRA
Code of Ethics |
https://www.ncra.org/home/professionals_resources/NCRA-Code-of-Professional-Ethics |
|
Plc 1207.02(b) |
NVRA Code of Ethics |
Appendix C:
Other Statutory Provisions
310-A:174 Disciplinary Action. –
I.
The executive director may undertake disciplinary proceedings:
(a)
Upon his or her own initiative; or
(b)
Upon written complaint of any person which charges that a person licensed by
the executive director has committed misconduct under paragraph II and which
specifies the grounds therefor.
II.
Misconduct sufficient to support disciplinary proceedings under this section
shall include:
(a)
The practice of fraud or deceit in procuring or attempting to procure a license
to practice under this subdivision.
(b)
The practice of court reporting using a reporting method for which the person
is not licensed.
(c)
Conviction of a felony.
(d)
Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting
the practice of, the profession.
(e)
Unfitness or incompetency by reason of negligent habits or other causes.
(f)
Addiction to the use of alcohol or other habit-forming drugs to a degree which
renders him or her unfit to practice under this subdivision.
(g)
Mental or physical incompetency to practice under this subdivision.
(h)
Willful or repeated violation of the provisions of this subdivision.
(i)
Suspension or revocation of a license, similar to one issued under this
subdivision, in another jurisdiction and not reinstated.
III.
The executive director may take disciplinary action in any one or more of the
following ways:
(a)
By reprimand.
(b)
By suspension, limitation, or restriction of license for a period of up to 5
years.
(c)
By revocation of license.
(d)
By requiring the person to participate in a program of continuing education in
the area or areas in which he or she has been found deficient.
(e)
By assessing administrative fines in amounts established by the executive
director which shall not exceed $2,000 per offense, or, in the case of
continuing offenses, $200 for each day up to a total not exceeding $2,000.
Source. 2007, 300:1, eff. July 1,
2007. 2022, 64:6, eff.
July 19, 2022.
310-A:177 Surety Bond Required. – There shall be filed with each
original application for licensure a bond in the form of a surety, by a
reputable company engaged in the bonding business, authorized to do business in
the state, for the penal sum of $1,000 with one or more sureties, to be
approved by the attorney general and conditioned that the applicant conform to
and not violate any of the duties, terms, conditions, provisions, or
requirements of this subdivision. If any person shall be aggrieved by the misconduct
of any such licensee, such person may maintain an action in his or her own name
upon the bond of said licensee in any court having jurisdiction of the amount
claimed. All such claims shall be assignable, and the assignee shall be
entitled to the same upon the bond of such licensee or otherwise, as the person
aggrieved would have been entitled to if such claim had not been assigned. Any
claim or claims so assigned may be enforced in the name of such assignee. Any
remedies given by this subdivision shall not be exclusive of any other remedy
which would otherwise exist.
Source. 2007, 300:1, eff. July 1, 2007.
310-A:180 Code of Ethics. – The executive director shall adopt
the National Court Reporters Association Code of Ethics as the New Hampshire
advisory board of court reporters code of ethics, including all provisions
relating to giving, directly or indirectly, any gift, incentive, reward or
anything of value to attorneys, clients, witnesses, insurance companies, or any
other persons or entities associated with the litigation or to the
representatives or agents of any of the foregoing except for:
I.
Items that do not exceed $100 in the aggregate per recipient each year; or
II.
Pro bono services as defined by the New Hampshire Bar Association.
Source. 2007, 300:1, eff. July 1,
2007. 2022, 64:5, eff. July 19, 2022.
Appendix D:
Plc 307.04 as effective May 1, 2023
Plc
307.04 Obligations of Persons Subject
to These Rules.
(a)
Each person subject to these rules shall comply with all applicable law.
(b)
In any application or other document filed with, or statement made to,
the licensing bureau or the applicable board, each person subject to these
rules shall provide information that, to the best of the person’s knowledge and
belief, is true, complete, and not misleading.
(c)
Each person subject to these rules shall cooperate with investigations
and requests for information from the OPLC and the applicable board, wherein
“cooperate” means to
provide the information requested, answer any questions posed, and allow
inspections in order to enable the OPLC or applicable board to determine
compliance with applicable law.
(d)
Each person subject to these rules shall provide honest and accurate
information in reports prepared as part of practicing the profession in which
the person is authorized to practice.
(e)
Each person subject to these rules shall report evidence of professional
misconduct on the part of another licensee when that conduct poses a potential
threat to life, health, or safety.
(f)
Each person subject to these rules shall maintain sexual boundaries by:
(1) Refraining from any behavior that exploits
the professional-client or professional-patient relationship in a sexual way;
and
(2) Avoiding any behavior that is sexual,
seductive, suggestive, or sexually demeaning, or could be reasonably
interpreted as such, even when initiated by or consented to by the target of
the behavior.
(g)
Each person subject to these rules shall be truthful in publicly
representing or advertising himself or herself by avoiding the following:
(1) False, deceptive, or misleading statements;
(2) Unreasonable or exaggerated claims of
success;
(3) Guarantees of success;
(4) Claims or implications of professional
superiority or of training that cannot be substantiated; and
(5) Unsubstantiated claims of expertise or
certification of such in any specific areas of the scope of practice set forth
in applicable law.
(h)
Each person subject to these rules shall interact with colleagues and
clients with honesty and integrity.
(i)
No person subject to these rules shall misrepresent professional
qualifications or certifications.
(j)
Each person subject to these rules shall treat all individuals with whom
the person interacts in a professional capacity with respect and civility.
(k)
No person subject to these rules shall engage in hazing or sexual,
verbal, or physical harassment of any individual when interacting in a
professional capacity.
(l)
No person subject to these rules shall discriminate based on age, sex,
gender identity, race, creed, color, marital status, familial status, physical
or mental disability, or national origin, or any additional class protected by
law.