CHAPTER Rep 100 DEFINITIONS, ORGANIZATION
PART Rep 101 PURPOSE
Rep
101.01 Purpose and Scope. The rules of this title implement the
statutory responsibilities of the New Hampshire board of court reporters
created by RSA 310-A: 161. These
provisions regulate but are not limited to the licensing of court reporters and
the practice of court reporting in the state of
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PART Rep 102
DEFINITIONS
Rep
102.01 Terms Used. As used in these rules, the following terms
shall have the meanings indicated:
(a) "Board" means the
(b) "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."
(c) "Executive director" means the
board’s staff director, a person with delegated authority to perform
administrative and clerical functions for the board.
(d) "Machine writing" means machine
writing as defined in RSA 310-A:162,
(e) “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.”
(f)
“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.”
(g)
“Voice writing” means voice writing as defined in RSA 310-A:162,
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PART Rep 103
BOARD ORGANIZATION
Rep
103.01 Duties and Responsibilities The board shall administer the provisions of
RSA 310-A:161-181 which include but are not limited to safeguarding property, to promoting public welfare and
maintaining a high standard of integrity, skills and practice in the profession
of court reporting in this state.
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Rep 103.02 Composition
of the Board. Pursuant to RSA
310-A:163, I the board shall consist of 5 members who meet the eligibility
requirements of RSA 310-A:163 I.
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103.03 The Chairperson and Vice Chairperson. The chairperson shall preside at all
meetings. In the absence of the chairperson, the vice-chairperson shall
preside.
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103.04 Staff. The board shall designate an executive
director and such other staff members as are necessary to perform the
record-keeping and other statutory functions of the board and to oversee the
board’s day-to-day operations.
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103.05 Organization. Biennially, the board shall elect or appoint
a chairperson, vice-chairperson, and secretary at the first meeting of the
board in a calendar year.
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103.06 Seal. The seal of the board shall be an embossed
circular seal consisting of 2 concentric circles, the outer circle having a
diameter of 1 7/8 inches and an inner circle having a diameter of 1 3/8 inches.
In the space between the 2 circles at the top of the seal there shall be the
words “Board of Court Reporters.” At the bottom of the seal, in the space
between the 2 circles, there shall be the words “State of
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103.07 Office Hours, Office Location,
Mailing Address and Telephone.
(a) The board’s office shall be located at the
New Hampshire Joint Board,
(b) Correspondence shall be addressed to the
board’s executive director at:
(c) The board’s telephone number shall be
(603)-271-2219.
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PART Rep 104
PUBLIC INFORMATION
Rep 104.01 Record of Board Actions. Minutes shall be kept of board meetings and
of official actions taken by the board. Minutes of board actions which are not
confidential under RSA 91-A:3, II or RSA 91-A:5 shall be public records and
shall be available for inspection during the board’s ordinary office hours
within 144 hours from the close the meeting or vote in questions unless the 72
hours availability requirement of RSA 91-A:3, III is applicable.
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104.02 Custodian of Records. Persons desiring copies of board records
shall submit a request which identifies as particularly as possible the
information being sought and agrees to pay the actual costs incurred by the
board for the documents provided. If records are requested which contain both
public and confidential information, the board shall delete the confidential
information and provide the remaining information.
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104.03 Roster Distribution. Copies of a roster containing names,
addresses, and assigned numbers of licensed court reporters shall be furnished
upon request. The fee shall be $30.00.
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105.01 Meetings. Regular meetings shall be held at least 3
times each year. Special meetings shall be called by order of the chairperson
or secretary. Each member of the board shall be notified in writing of each
meeting and such notice shall contain the place, date, time, and subject of the
meeting. Notice of meetings shall be posted at the board office and the state
house.
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105.02 Quorum. A quorum of the board shall consist of not
less than 3 members and a majority vote by the members present shall be
necessary to pass a motion unless otherwise specified by law. In the absence of the chair, vice chair, or
secretary, a quorum of the board shall designate a pro tempore officer for
the officer or officers absent.
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105.03 Board Meeting Procedures. The board shall conduct its meetings in the
following order:
(a) Reading of the minutes;
(b) Interviews/meetings;
(c) Reading of communications;
(d)
(e) Unfinished business;
(f) New business; and
(g) Adjournment.
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105.04 Procedures. Roberts Rules of Order, 9th edition dated
1990 shall govern the procedures of the board.
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105.05 Tentative Decisions.
(a) When necessary to conduct the board’s
business in a timely and efficient manner, the board shall instruct its staff
or a committee of the board to prepare a draft document, subject to subsequent
review and approval by the board. Such instructions shall be known as tentative
decisions.
(b) Tentative decisions shall not be final
actions, and shall not be binding upon the board. Changes in the form or the
substance of a tentative decision shall be made as often as necessary to
produce a final document, which satisfactorily sets forth the final result the
board intends to reach. The board’s final decision shall be issued only when
the necessary majority has voted in favor of the final form of the proposed
action, allowing time for printing or servicing the document in question.
PART Rep 106
APPOINTMENT OF COMMITTEES
Rep
106.01 Committees.
(a) A committee shall consist of one or more of board
members who have been directed by the board to investigate and make
recommendations on matters which could be handled by the full board.
(b) When expressly authorized by the board, the
authority of a committee shall include:
(1) The
retention of voluntary assistance from qualified non-board members; and
(2) The
retention of paid advisors or consultants pursuant to RSA 332:G-3.
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CHAPTER Rep 200
PRACTICE
PART Rep 201
PURPOSE
Rep
201.01 Purpose and Scope. The board shall conduct various proceedings
for the purpose of acquiring sufficient information to make fair and reasoned
decisions on matters within its statutory jurisdiction, including decisions on
applications for licensure and complaints filed against license holders and
others in the practice of court reporting. These rules are intended to secure
the just, efficient and accurate resolution of all board proceedings.
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PART Rep 202
DEFINITIONS
Rep
202.01 Definitions.
(a) “Appearance” means a written notification to
the board that a party or a party’s representative intends to actively
participate in a hearing.
(b) “Hearing” means “adjudicative proceeding” as
defined by RSA 541-A:1, I, namely, “the procedure to be followed in contested
cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”
(c) “Motion” means a request to the presiding
officer for an order or ruling directing some act to be done in favor of the
party making the motion, including a statement of justification or reasons for
the request.
(d) “Natural person” means a human being.
(e) “Party” means “party” as defined by RSA
541-A:1, XII, namely, “each person or board named or admitted as a party, or
properly seeking and entitled as a right to be admitted as a party.”
(f) “Person” means “person” as defined by RSA
541-A:1, XIII, namely, “any individual, partnership, corporation, association, governmental
subdivision, or public or private organization of any character other than a
board.”
(g) “Presiding officer” means presiding officer
as defined in RSA 541-A:1, XIV.
(h) “Proof by a preponderance of the evidence”
means a demonstration by admissible evidence that a fact or legal conclusion is
more probable than not to be true.
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PART Rep 203 PRESIDING OFFICER; WITHDRAWAL
Rep
203.01 Presiding Officer;
Appointment; Authority.
(a) All hearings shall be conducted for the board
by a natural person appointed or authorized to serve as a presiding officer.
(b) A presiding officer shall as necessary:
(1) Regulate
and control the course of a hearing;
(2) Facilitate an
informal resolution acceptable to all parties;
(3) Administer
oaths and affirmations;
(4) Receive
relevant evidence at hearings and exclude irrelevant, immaterial or unduly
repetitious evidence;
(5) Rule on
procedural requests, including adjournments or postponements, at the request of
a party or on the presiding officer's own motion;
(6) Question
any witness to develop a complete record;
(7) Cause a
complete record of any hearing to be made, as specified in RSA 541-A:31, VI;
and
(8) Take any
other action consistent with applicable statutes, rules and case law necessary
to conduct the hearing and complete the record in a fair and timely manner.
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203.02 Withdrawal of Presiding
Officer.
(a) Upon his or her own initiative or upon the
motion of any party, a presiding officer or board official shall, for good
cause withdraw from any hearing.
(b) Good cause shall exist if a presiding officer
or board official:
(1) Has a direct
interest in the outcome of a proceeding, including, but not limited to, a
financial or family relationship;
(2) Has made
statements or engaged in behavior which objectively demonstrates that he or she
has prejudged the facts of a case;
(3) Personally
believes that he or she cannot fairly judge the facts of a case.
(c) Mere knowledge of the issues, the parties or
any witness shall not constitute good cause for withdrawal.
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203.03 Waiver or Suspension of Rules
by Presiding Officer. The presiding
officer, upon his or her own initiative or upon the motion of any party, shall
suspend or waive any requirement or limitation imposed by this chapter upon
reasonable notice to affected persons when the proposed waiver or suspension
appears to be lawful, and would be more likely to promote the fair, accurate
and efficient resolution of issues pending before the board than would
adherence to a particular rule or procedure.
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PART Rep 204
FILING, FORMAT
Rep
204.01 Date of Issuance or Filing. All documents governed by these rules shall
be rebuttably presumed to have been issued on the date noted on the document
and to have been filed with the board on the actual date of receipt by the
board, as evidenced by a date stamp placed on the document by the board in the
normal course of business.
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204.02 Format of Documents.
(a) All correspondence, pleadings, motions or
other documents filed under these rules shall:
(1) Include the
title and docket number of the proceeding, if known;
(2) Be
typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;
(3) Be signed by
the party or proponent of the document, or, if the party appears by a
representative, by the representative; and
(4) Include a
statement certifying that a copy of the document has been delivered to all
parties to the proceeding in compliance with Rep 204.03.
(b) A party or representative's signature on a
document filed with the board shall constitute certification that:
(1) The signer
has read the document;
(2) The signer
is authorized to file it;
(3) To the best
of the signer’s knowledge, information and belief there are good and sufficient
grounds to support it; and
(4) The
document has not been filed for purposes of delay.
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204.03 Delivery of Documents.
(a) Copies of all petitions, motions, exhibits, memoranda,
or other documents filed by any party to a proceeding governed by these rules
shall be delivered by that party to all other parties to the proceeding.
(b) All notices, orders, decisions or other
documents issued by the presiding officer or board shall be delivered to all
parties to the proceeding.
(c) Delivery
of all documents relating to a proceeding shall be made by personal
delivery or by depositing a copy of the document, by first class mail, postage
prepaid, in the United States mail, addressed to the last address given to the
board by the party or if represented to the party’s representative.
(d) When a party appears by a representative,
delivery of a document to the party's representative at the address stated on
the appearance filed by the representative shall constitute delivery to the
party.
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PART Rep 205
TIME PERIODS
Rep
205.01 Computation of Time.
(a) Unless otherwise specified, all time periods
referenced in this chapter shall be calendar days.
(b) Computation of any period of time referred to
in these rules shall begin with the day after the action which sets the time
period in motion, and shall include the last day of the period so computed.
(c) If the last day of the period so computed
falls on a Saturday, Sunday or legal holiday, then the time period shall be
extended to include the first business day following the Saturday, Sunday or
legal holiday.
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PART Rep 206
MOTIONS
Rep
206.01 Motions; Objections.
(a) Motions shall be in written form and filed
with the presiding officer, unless made in response to a matter asserted for
the first time at a hearing or on the basis of information which was not
received in time to prepare a written motion.
(b) Oral motions and any oral objection to such
motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the
motion requires additional information in order to be fully and fairly
considered, the presiding officer shall order the moving party to submit the
motion in writing, with supporting information within 5 days of the order.
Objections to such motions shall be filed within 5 days of the filing of the
motion.
(c) Objections to written motions shall be filed
within 30 days of the date of the motion;
(d) Failure by an opposing party to object to a
motion shall not in and of itself constitute grounds for granting the motion.
(e) The presiding officer shall rule upon a
motion after full consideration of all objections and other factors relevant to
the motion.
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206.02 Pleadings.
(a) The only pleadings permitted shall be
petitions, other than for rulemaking, and replies to petitions. Applications
shall not be considered pleadings.
(b) All petitions shall contain:
(1) The name
and address of the petitioner;
(2) The name
and address of the petitioner's representative, if any;
(3) A concise statement
of the facts that caused the petitioner to request the board to act;
(4) The action
that the petitioner wishes the board to take; and
(5) The
identification of any statutes, rules, orders, or other authority that entitles
the petitioner to request the board to act.
(c) Board replies to petitions shall contain:
(1) The name
and address of the petitioner;
(2) The name
and address of the representative of the petitioner, if any;
(3) A statement
addressing each fact alleged in the petition;
(4) A statement
addressing the authority identified by the petitioner;
(5) A concise
response to each statement;
(6) The
identification of any statutes, rules, orders, or other authority, not identified
in the petition, having a bearing upon the subject matter of the petition; and
(7) The action
the board took.
(d) Replies shall be filed within 90 days from the date of the petition.
Source. #9151, eff 5-2-08
PART Rep 207
NOTICE OF HEARING; APPEARANCES;
Rep
207.01 Commencement of Hearing. A hearing shall be commenced by an order of
the board giving notice to the parties at least 30 days prior to the hearing as
required by Rep 207.03.
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207.02 Docket Numbers. A docket number shall be assigned to each
matter to be heard which shall appear on the notice of hearing and all
subsequent orders or decisions of the board.
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207.03 Notice of Hearing.
(a) A notice of a hearing issued by the board at
least 30 days prior to the hearing shall
contain the information required by RSA 541-A:31, III, namely:
(1) A statement
of the time, place and nature of any hearing;
(2) A statement
of the legal authority under which a hearing is to be held;
(3) A reference
to the particular statutes and rules involved including this chapter;
(4) A short and
plain statement of the issues presented;
(5) A statement
that each party has the right to have an attorney represent them at their own
expense; and
(6) A statement
that each party has the right to have the board provide a licensed court
reporter at the party’s expense and that any such request shall be submitted in
writing at least 10 days prior to the hearing.
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207.04 Appearances and Representation.
(a) A party or the party’s representative shall
file an appearance that includes the following information:
(1) A brief
identification of the matter;
(2) A statement
as to whether or not the representative is an attorney; and
(3) The party
or representative's daytime address and telephone number.
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207.05 Prehearing Conference. Any party may request, or the presiding officer
shall schedule on his or her own initiative, a pre-hearing conference in
accordance with RSA 541-A:31,V to consider:
(a) Offers of settlement;
(b) Simplification of the issues;
(c) Stipulations or admissions as to issues of fact
or proof by consent of the parties;
(d) Limitations on the number of witnesses;
(e) Changes to standard procedures desired during
the hearing by consent of the parties;
(f) Consolidation of examination of witnesses;
and
(g) Any other matters which aid in the
disposition of the proceeding.
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PART Rep 208
ROLES OF
Rep
208.01 Role of Board Staff in
Enforcement or Disciplinary Hearings.
Unless called as witnesses, board staff as defined in Rep 102.01 shall
have no role in any enforcement or disciplinary hearing.
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208.02 Role of Complainants in
Enforcement or Disciplinary Hearings.
Unless called as a witness or granted party or intervenor status, a
person who initiates an adjudicative proceeding by complaining to the board
about the conduct of a person who becomes a party shall have no role in any
enforcement or disciplinary hearing.
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PART Rep 209
INTERVENTION
Rep
209.01 Intervention.
(a) A non-party may intervene in a matter pending
before the board under the provisions of
RSA 541-A:32, by filing a motion stating facts demonstrating that the
non-party's rights or other substantial interests might be affected by the
proceeding or that the non-party qualifies as an intervenor under any provision
of law.
(b) If the presiding officer determines that such
intervention would be in the interests of justice and would not impair the
orderly and prompt conduct of the hearing, the presiding officer shall grant
the motion for intervention.
(c) Participation by intervenors shall be limited
to that which is necessary to protect the interest identified in the petition
for intervention.
(d) Petitions for intervention shall be filed any
time after commencement of a proceeding, and state:
(1) The
petitioner's interest in the subject matter of the hearing;
(2) Whether the
petitioner appears in support of the
complainant, or the respondent,
as well as for his or her own interest;
(3) Why the
interests of the parties and the orderly and prompt conduct of the proceeding
would not be impaired; and
(4) Any other
reasons why the petitioner should be permitted to intervene.
(e) A person filing a complaint that becomes the
subject of a disciplinary hearing shall be served with the hearing notice and
notified of the right to intervene in the proceeding.
(f) Once granted leave to intervene, an
intervenor shall take the proceeding as he or she finds it and no portion of
the proceeding shall be repeated because of the fact of intervention.
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210.01 Postponements.
(a) Any party to a hearing may make an oral or
written motion that a hearing be postponed to a later date or time.
(b) If a postponement is requested by a party to
the hearing, it shall be granted if the presiding officer determines that good
cause has been demonstrated. Good cause
shall include the unavailability of parties, witnesses or attorneys necessary
to conduct the hearing, the likelihood that a hearing will not be necessary
because the parties have reached a settlement or any other circumstances that
demonstrate that a postponement would assist in resolving the case fairly.
(c) If the later date, time and place are known
at the time of the hearing that is being postponed, the date, time and place
shall be stated on the record. If the later
date, time and place are not known at the time of the hearing that is being
postponed, the presiding officer shall issue a written scheduling order stating
the date, time and place of the postponed hearing as soon as practicable.
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210.02 Failure to Attend Hearing.
(a) If any party to whom notice has been given in
accordance with Rep 207.03 fails to attend a hearing, the presiding officer
shall declare that party to be in default unless failure to attend is justified
by a showing of good cause.
(b) Good cause shall include accident, illness or
other circumstances beyond the control of the licensee.
(c) In the absence of good cause for failure to
attend the hearing, the presiding officer shall:
(1) Dismiss the
case, if the party with the burden of proof fails to appear;
(2) Hear the
testimony and receive the evidence offered by a party, if that party has the
burden of proof in the case; or
(3) Grant a
postponement of the hearing under the provisions of Rep 210.01.
Source. #9151, eff 5-2-08
PART Rep 211
REQUESTS FOR INFORMATION OR DOCUMENTS
Rep
211.01 Voluntary Production of
(a) Each party shall attempt in good faith to completely
and timely respond to requests for the voluntary production of information or
documents relevant to the hearing.
(b) When a dispute between parties arises
concerning a request for the voluntary production of information or documents,
any party may file a motion to compel the production of the requested
information under Rep 211.02.
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211.02 Motions to Compel Production
of Information.
(a) Any party may make a motion requesting that
the presiding officer order the parties to comply with information
requests. The motion shall be filed at
least 15 days before the date scheduled for the hearing, or as soon as possible
after receiving the notice of hearing.
(b) The moving party’s motion shall:
(1) Set forth
in detail those factors which it believes justify its request for information;
and
(2) List with
specificity the information it is seeking to discover.
(c) When a party has demonstrated that such requests
for information are necessary for a full and fair presentation of the evidence
at the hearing, the presiding officer shall grant the motion.
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211.03 Mandatory Pre-Hearing
Disclosure of Witnesses and Exhibits.
At least 5 days before the hearing the parties shall exchange a list of
all witnesses to be called at the hearing with a brief summary of their
testimony, a list of all documents or exhibits to be offered as evidence at the
hearing, and a copy of each document or exhibit.
Source. #9151, eff 5-2-08
PART Rep 212
RECORD, PROOF, EVIDENCE
Rep
212.01 Record of the Hearing.
(a) The board shall record the hearing by tape
recording or other method that will provide a verbatim record except for a
proceeding on emergency action shall be governed by RSA 541-A:30, III.
(b) If any person requests a transcript of the
taped record, the board shall cause a transcript to be prepared and, upon
receipt of payment for the cost of the transcription, shall provide copies of
the transcript to the requesting party.
(c) At the request of a party to any proceeding
involving disciplinary action, the record of the proceeding shall be made by a
licensed court reporter provided by the board at the requesting party’s
expense. A request for a licensed court
reporter shall be filed at least 10 days prior to the hearing.
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212.02 Standard and Burden of Proof. The party asserting a proposition shall bear
the burden of proving the truth of the proposition by a preponderance of the
evidence.
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212.03 Testimony; Order of Proceeding.
(a) Any person offering testimony, evidence or
arguments shall state for the record his or her name, and role in the proceeding. If the person is representing another person,
the person being represented shall also be identified.
(b) Testimony shall be offered in the following
order:
(1) The party or
parties bearing the burden of proof and such witnesses as the party may call;
(2) The party
or parties opposing the party who bears the overall burden of proof and such
witnesses as the party may call.
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212.04 Evidence.
(a) Receipt of evidence shall be governed by the
provisions of RSA 541-A:33.
(b) All documents, materials and objects offered
as exhibits shall be admitted into evidence unless excluded by the presiding
officer as irrelevant, immaterial, unduly repetitious or legally privileged.
(c) All objections to the admissibility of
evidence shall be stated as early as possible in the hearing, but not later
than the time when the evidence is offered.
(d) Transcripts of testimony and documents or
other materials, admitted into evidence shall be public records unless the
presiding officer determines that all or part of a transcript or document is
exempt from disclosure under RSA 91-A:5 or applicable case law.
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212.05 Proposed Findings of Fact and
Conclusions of Law.
(a) Any party may submit proposed findings of
fact and conclusions of law to the presiding officer prior to or at the
hearing.
(b) Upon request of any party, or if the presiding
officer determines that proposed findings of fact and conclusions of law would
serve to clarify the issues presented at the hearing, the presiding officer
shall specify a date after the hearing for the submission of proposed findings
of fact and conclusions of law.
(c) In any case where proposed findings of fact
and conclusions of law are submitted, the decision shall include rulings on the
proposals.
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212.06 Closing the Record.
(a) After the conclusion of the hearing, the
record shall be closed and no other evidence shall be received into the record,
except as allowed by (b) below and Rep 212.08.
(b) Before the conclusion of the hearing, a party
may request that the record be left open to allow the filing of specified
evidence not available at the hearing.
If the other parties to the hearing have no objection or if the
presiding officer determines that such evidence is necessary to a full consideration
of the issues raised at the hearing, the presiding officer shall keep the
record open for the period of time necessary for the party to file the evidence
and for cross examination on such evidence.
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212.07 Reopening the Record. At any time prior to the issuance of the
decision on the merits, the presiding officer, on the presiding officer’s own
initiative or on the motion of any party, shall reopen the record to receive
relevant, material and non-duplicative testimony, evidence or arguments not previously
received, if the presiding officer determines that such testimony, evidence or
arguments are necessary to a full and fair consideration of the issues to be
decided.
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212.08 Decisions.
(a) A board member shall not participate in
making a decision unless he or she personally heard the testimony in the case,
unless the matter’s disposition does not depend on the credibility of any
witness and the record provides a reasonable basis for evaluating the
testimony.
(b) If a presiding officer has been delegated the
authority to conduct a hearing in the absence of a majority of the officials of
the board who are to render a final decision, the presiding officer shall
submit to the board a written proposal for decision, which shall contain a
statement of the reasons for the decision and findings of fact and rulings of
law necessary to the proposed decision.
(c) If a proposal for decision in a matter not
personally heard by the board is adverse to a party to the proceeding other
than the board itself, the board shall serve a copy of the proposal for
decision on each party to the proceeding and provide an opportunity to file
exceptions and present briefs and oral arguments to the board.
(d) A proposal for decision shall become a final
decision upon its approval by the board.
(e) The board shall keep a decision on file in
its records for at least 5 years following the date of the final decision or
the date of the decision on any appeal, unless the director of the division of
records management and archives of the department of state sets a different
retention period pursuant to rules adopted under RSA 5:40.
Source. #9151, eff 5-2-08
Rep
213.01 Purpose. The rules in this part are intended to
supplement any statutory provisions, including RSA 541, that require or allow a
person to request a rehearing of a decision of the board prior to appealing the
decision.
Source.. #9151, eff 5-2-08
Rep
213.02 Applicability. The rules in this part shall apply whenever
any person has a right under applicable law to request a rehearing of a
decision prior to filing an appeal of the decision with the court having
appellate jurisdiction.
Source. #9151, eff 5-2-08
Rep
213.03 Filing and Content of Motion.
(a) The motion for rehearing shall be filed
within 30 days of the date of the board decision or order.
(b) A motion for rehearing shall:
(1) Identify
each error of fact, error of reasoning, or error of law which the moving party wishes
to have reconsidered;
(2) Describe
how each error causes the board's decision to be unlawful, unjust or
unreasonable, or illegal in respect to jurisdiction, authority or observance of
the law, an abuse of discretion, arbitrary, or capricious.
(3) State
concisely the factual findings, reasoning or legal conclusion proposed by the
moving party; and
(4) Include any
argument or memorandum of law the moving party wishes to file.
Source. #9151, eff 5-2-08
Rep
213.04 Standard for Granting Motion for
Rehearing. A motion for rehearing in
a case subject to appeal under RSA 541 shall be granted if it demonstrates that
the board's decision is unlawful, unjust or unreasonable.
Source. #9151, eff 5-2-08
Rep
213.05 Decision on Motion for
Rehearing. The board shall grant or
deny a motion for rehearing, or suspend the order or decision pending further
consideration within 10 days of the filing of the motion for rehearing.
Source. #9151, eff 5-2-08
Rep
214.01 Purpose. The purpose of this part is to provide a
uniform procedure for the conduct of public hearings at which comment from the
general public will be solicited for evaluation and consideration by the board
relative to rulemaking.
Source. #9151, eff 5-2-08
Rep
214.02 Scope.
(a) These rules shall apply to all hearings
required by state law to be conducted by the board at which public
comment shall be solicited, except that they shall not apply to adjudicative
hearings.
(b) If any requirement set by these rules
conflicts with an applicable statute such other authority shall control.
Source. #9151, eff 5-2-08
Rep
214.03 Notice.
(a) A public comment hearing concerning
rulemaking shall be commenced by placing notice of the hearing in the
"Rulemaking Register" so that it shall appear at least 20 days prior
to the hearing date.
(b) Notice for rulemaking public comment hearings
shall comply with RSA 541-A:6, I.
(c) Nothing in these rules shall prohibit the
board from giving greater notice than the minimums set out in this part.
Source. #9151, eff 5-2-08
Rep
214.04 Media Access.
(a) Public comment hearings shall be open to the
print and electronic media.
(b) The moderator shall place limits on the activities
of the media to avoid disruption in the following ways:
(1) Limiting
the number of media representatives when their presence is disproportionate to
the number of other citizens present and shall cause other citizens to be
excluded;
(2) Limiting
the placement of television cameras to certain locations in the hearing room;
and
(3) Prohibiting
interviews from being conducted within the hearing room during the hearing.
Source. #9151, eff 5-2-08
Rep
214.05 Moderator.
(a) The hearing shall be presided over by a
moderator who shall be the board chairperson or a designee.
(b) The moderator shall:
(1) Call the
hearing to order;
(2) Cause a
recording of the hearing to be made;
(3) Place limits
on the media to avoid disruption as set out in Rep 214.04(b);
(4) Recognize
those who wish to be heard and establish the order thereof;
(5) Limit the
time for each speaker, as set out in Rep 214.06(b);
(6) Remove or
have removed any person who disrupts the hearing;
(7) Adjourn the
hearing; and
(8) Provide
opportunity for the submission of written comments.
Source. #9151, eff 5-2-08
Rep
214.06 Public Participation.
(a) Any person who wishes to speak on the issue
or issues which are the subject of the hearing shall place his or her name and
address on a speakers' list before the last speaker on the list has finished
speaking. All whose names appear on the speakers' list, as provided, shall be
afforded reasonable time to speak at the hearing. Reasonable time shall be
determined considering the number of people who wish to be heard, the time and
the availability of the facility.
(b) The board, through the moderator, shall:
(1) Refuse to
recognize a person who refuses to give his or her full name and address;
(2) When a
group or organization wishes to comment, limit the group to no more than 3
spokespersons, provided that the members who are present shall be allowed to
enter their names and addresses into the record as supporting the position by
the group or organization;
(3) Revoke
recognition of a speaker who speaks or acts in an abusive or disruptive manner;
or
(4) Revoke
recognition of a speaker who refuses to keep his or her comments relevant to the
issue or issues which are the subject of the hearing.
(c) Written comments may be submitted any time
from the time notice has been published until the record has been closed by the
moderator, which shall not be less than 7 calendar days after the hearing.
(d) In the event that the number of speakers who
wish to give oral testimony relevant to the issue or issues involved exceed
that number which can be heard within a reasonable period of time subject to
facility availability and length of the hearing, the hearing shall be
reconvened pursuant to RSA 541-A:11,
Source. #9151, eff 5-2-08
Rep
215.01 Petition for Rulemaking.
(a) Any person may request the board to commence
a proceeding for the purpose of adopting, amending, or repealing a rule by
filing a written petition that contains:
(1) The text of
the proposed rule or a statement of the particular results intended by the
petitioner to flow from the implementation of the proposed rule;
(2) An
identification of the particular rule sought to be amended or repealed;
(3) Any data or
argument the petitioner believes would be useful to the board in deciding
whether to commence a rulemaking proceeding; and
(4) Name,
address, signature of petitioner and date signed.
Source. #9151, eff 5-2-08
Rep
215.02 Disposition of Petition.
(a) The board shall consider all petitions for
rulemaking and proceed pursuant to RSA 541-A:4. The board shall request
additional data or argument from the petitioner or other interested persons to
clarify the merits of the petition.
(b) The board shall grant the petition if the
petition is consistent with statute and case law and will assist the board with
the regulation of the profession.
Source. #9151, eff 5-2-08
PART Rep 216 DECLARATORY RULINGS
Rep
216.01 Petitions.
(a) Any person may request a declaratory ruling
from the board on matters within its jurisdiction by filing an original and 5
copies of a petition pursuant to Rep 206.02 (b).
(b) A petition for declaratory ruling shall set
forth the following information:
(1) The exact
ruling being requested; and
(2) The
statutory and factual basis for ruling, including any supporting affidavits or
memoranda of a law.
Source. #9151, eff 5-2-08
Rep
216.02 Action on Petitions.
(a) The petitioner shall provide such further
information or participate in such evidentiary or other proceedings as the
board shall direct after reviewing the petition and any replies received.
(b) Upon review and consideration, the board
shall within 90 days rule on the petition pursuant to Rep 206.02 (d).
Source. #9151, eff 5-2-08
PART Rep 217
EXPLANATION AFTER ADOPTION
Rep
217.01 Explanation after Adoption.
(a) Any person may request an explanation
regarding adoption of the rules pursuant to RSA 541-A:11,
(b) The request shall be considered at the next
scheduled board meeting and the board shall
issue a response within 45 days after consideration.
Source. #9152, eff 5-2-08; ss by
#10966, eff 10-31-15
CHAPTER Rep 300
LICENSURE REQUIREMENTS
PART Rep 301
APPLICATION REQUIREMENTS
Rep
301.01 Application Process.
(a) Persons wishing to become licensed as a court
reporter in
(b) An application for licensure form, which is
not signed by the applicant, and/or is not accompanied by cash, a valid check or
a valid credit card for the application fee, shall not be accepted for
processing and shall be returned to the applicant.
(c) If the application for licensure is denied,
the applicant shall be provided an opportunity to request a hearing pursuant to
Rep 206 on the deficiency issues identified by the board. Any such request
shall be made in writing and received by the board within 30 days of the
receipt of the notification of denial.
(d) Applications about which there has been no
communication from the applicant to the board for one year shall be destroyed.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
301.02 Application for Licensure.
(a) Each
applicant for licensure shall provide, or cause to be provided, the following
on an application for licensure form:
(1) The
applicant’s name, including any names previously used;
(2) The applicant’s residence and business name and addresses, and
telephone numbers and e-mail address;
(3) The
applicant’s date of birth, and place of birth;
(4) The
applicant’s dates of employment, titles of positions, and present address of
employer;
(5) Character of employment including types of work
performed and degree of responsibility;
(6) Name and
present address of someone familiar with each position;
(7) Highest
grade attended including name of institution, years attended, location,
graduation date and copies of high school diploma or the equivalent;
(8) A listing of every state in which the applicant
holds or has ever held registration/certification/licensure as a court reporter
with corresponding number, whether the license is active or lapsed, reciprocity
or grandfathered and date of initial registration/certification/licensure;
(9) Whether the
applicant has ever lost or been denied registration/ certification/licensure as
a court reporter or disciplined by this board or another court reporter
licensing board in any other state and if so, an explanation of the circumstances;
(10) Whether the registration/certification/licensure
as a court reporter was issued by examination, if so the location, date and
grade awarded;
(11) Whether
the applicant has ever been convicted of any felony, any misdemeanor, or a
violation and if so, the name of the court, the details of the offense and the
date of conviction and the sentence imposed;
(12) The names,
complete addresses, occupation and business relationship with the applicant of
3 references as specified in Rep 302.02;
(13) The applicant’s social security number required pursuant to RSA 161- B:11, VI-a;
(14) Date of certification from the National Court
Reporters Association or the National Verbatim Reporters Association;
(15) Whether the
applicant has ever applied for a court reporter’s license in
(16) Whether
the applicant is applying for facilitated licensure as a military spouse;
(17) An
affidavit acknowledging that the applicant has provided correct and true
statements in the application;
(18) The
applicant’s signature and the date; and
(19) The
application fee as specified in Rep 301.04.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep 301.03 Additional Requirements. Applicants for licensure shall provide the
following:
(a) A copy of their high school diploma or the
equivalent;.
(b) A copy of a valid certificate from the
National Court Reporters Association or the National Verbatim Reporters
Association demonstrating proficiency in machine shorthand or voice reporting;
and
(c) A valid surety bond for the penal sum of
$1,000 with one or more sureties 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.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep 301.04 Application/Licensure Fees.
(a) The application for licensure shall be
$300.00.
(b) The wall display certificate fee for
licensees shall be $50.00. The biennial
renewal fee shall be $200.
(c) The reinstatement fee after 12 months shall
be the renewal fee plus 20 percent per month late fee totaling $680.00.
(d) The fee for verification of licensure or
certification shall be $30.00.
(e) The fee for replacement of a lost or
mutilated certificate of licensure shall be $50.00.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
301.05 Fees. All fees shall be paid in the form of, cash,
money order, bank draft, check or credit card payable to "Treasurer, State
of
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
PART Rep 302
QUALIFICATION OF APPLICANTS
Rep
302.01 Candidate Requirements.
(a) Candidates for licensure shall meet the
requirements established by RSA 310-A:167, RSA 310-A:169, and RSA 310-A:170 before a license shall be
granted. The board shall require
documentation of the applicant’s education and work experience to help
determine competency if their application is unclear, contradictory or
incomplete.
(b) Qualifications shall be as follows:
(1) Candidates
shall possess valid Certification from the National Court Reporters Association
or National Verbatim Reporters Association demonstrating proficiency in machine
shorthand or voice reporting;
(2) Candidates
shall be at least 18 years of age; and
(3) Candidates
shall possess a high school education or the equivalent;
(4) Candidates
shall be of good moral and professional character, as evidenced by:
a. The answers
to questions Rep 301.02 (a) (9) and (11)
on the application form;
b. Any
verification information as described in Rep 301.03 (b); and
c. The letters of
reference required by Rep 302.02.
(c) Standards of practice pursuant to RSA
310-A:167 shall be in accordance with the rules of professional conduct set
forth in Rep 501.
(d) Experience gained in the armed services, to be
creditable, shall be of a character equivalent to that which would have been
gained in the civilian sector doing similar work and shall be consistent with
the requirements of Rep 302.01.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
302.02 References Required. Each applicant for licensure or reinstatement
shall provide the board with the names and addresses of at least 3 individuals,
who shall provide references, and are not related to the applicant. The references shall be individuals having
personal or professional knowledge of the applicant's character or
qualifications as a court reporter.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
302.03 Information from References. Information from references shall be
requested by the board on the reference forms provided by the board as follows:
(a) Applicant’s name;
(b) Reference’s full name and address, relationship
to the applicant;
(c) The reference’s
business or profession;
(d) Whether the reference is a licensed court reporter and
if so in what state and license number;
(e) How long the
reference has known the applicant;
(f) Whether the reference
is related to the applicant;
(g) The reference’s
business connection with the applicant;
(h) Whether the reference knows anything that reflects
adversely on the integrity or good general character of the applicant;
(i) Whether the
reference would employ the applicant in a position of trust;
(j) Whether the
applicant is connected with a firm, the name and address of the firm and the
position that the applicant fills;
(k) Whether the applicant
is in individual practice and the nature of such practice;
(l) Whether the
reference recommends the applicant for licensure as a court reporter;
(m) Remarks
concerning the applicant; and
(n) Signature of reference
and date.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
302.04 Additional References. The board shall require of the applicant the
names and addresses of additional references if the original information
provided by the references is unclear, incomplete or contradictory.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
302.05 Denial of Application. An application for licensure shall be denied
if, after notice and an opportunity for hearing, there is a finding that:
(a) The applicant, or someone acting on the
applicant's behalf, has submitted false information to the board in connection
with the application;
(b) Evidence of past disciplinary action taken by
another licensing body or a professional society or association, which
indicates the applicant cannot be relied upon to practice competently, and
honestly, or adhere to the standards of conduct required by Rep 500;
(c) Evidence of conviction of a felony or
misdemeanor which indicates the applicant cannot be relied upon to practice
competently, and honestly, or adhere to the ethical standards required by Rep
500;
(d) Evidence of behavior that would violate the
ethical standards of Rep 500, which indicates the applicant cannot be relied
upon to practice competently, and honestly, or adhere to the ethical standards
required by Rep 501.03;
(e) The applicant failed to meet the requirements
of Rep 302 and RSA 310-A:167, RSA 310-A:169 and RSA 310-A:170;
(f) The applicant failed to submit the fee
required per Rep 301.04; or
(g) The applicant failed to successfully pass the
examinations required per Rep 303.01.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
PART Rep 303
EXAMINATIONS
Rep
303.01 Examinations. All candidates for licensure shall have successfully
passed the National Court Reporters Association registered professional
reporter or National Verbatim Reporters Association certified voice reporter
examination.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
PART Rep 304
CREDENTIALS
Rep
304.01 License. An applicant for licensure as a court
reporter, who has satisfactorily met all the requirements of RSA 310-A and who
has paid all of the fees, shall be issued a license by the board. The licensee shall be issued a license
authorizing the practice of court reporting that shall show the full name of
the licensee, shall have a serial number, and shall be signed by members of the
board.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
304.02 Pocket Cards. Biennially, the board shall issue a licensure
card, numbered to correspond with the court reporter’s assigned number to each
licensed court reporter upon renewal of the license. The card shall certify that the court
reporter holds a license in good standing and is authorized to practice as a
court reporter to the date of expiration as shown on the card.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
304.03 Licensed Court Reporter
Seal/Stamp/License Number.
(a) The board shall upon issuance of a license to
an applicant as a licensed court reporter require the licensee to acquire an
impression type seal or rubber stamp of the design approved by these rules and
submit the seal to the board for approval.
This seal shall bear the licensee's name and number as shown on the
license. This seal shall be affixed on
all transcripts, and reports prepared by the licensee, and shall indicate the
reporting method utilized as defined in RSA 310-A:162.
(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 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
(c) The stamping or sealing of any documents by
the licensee with the licensee's seal after the license has expired, has been
suspended, revoked or surrendered voluntarily shall be a violation of these
rules. The stamping or sealing of any
documents by the licensee not prepared by the licensee personally or under the
licensee’s direct supervision shall be a violation of these rules.
(d) The board shall upon issuance of a license to
an applicant as a licensed court reporter require that the licensee shall
display their license number on any transcripts, business cards and other
information made available to the public by the licensee.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
PART Rep 305 FACILITATED LICENSING FOR MILITARY SPOUSES
Rep 305.01 Licensing for Active
Duty Military Spouses.
(a) Each applicant
for licensure who is a military spouse pursuant to RSA 332-G:7, III shall apply to the board for
licensure on an application for licensure form as specified in Rep 301.02 and
pay the fee set forth in Rep 301.04.
(b) Each applicant
for facilitated licensing as a military spouse shall provide a copy of the
military member’s orders showing proof of active duty status.
(c) Each applicant
who applies for facilitated licensing as a military spouse shall be eligible to
obtain a facilitated license if the military spouse is licensed or registered
in another state or jurisdiction, provided that the other state’s or
jurisdiction’s licensure or registration requirements are consistent with Rep
302.01.;
(d) Verification of
licensure and examination shall be obtained by the candidate for licensure and
submitted to the board directly from the verifying state or jurisdiction for
approval.
(e) A military
spouse who obtains a facilitated license shall comply with all license renewal
requirements pursuant to Rep 403.01.
Source. #10967, eff 10-31-15
CHAPTER Rep 400
CONTINUED STATUS
PART Rep 401
RENEWAL OF LICENSE
Rep
401.01 Expirations and Renewals. Pursuant to RSA 310-A:173, licenses shall be
renewed by written application prior to the expiration date and by payment of
the prescribed renewal fee. The board
shall notify each court reporter one month prior to expiration of their
license. If properly renewed, a license
shall remain in effect continuously from the date of issuance, unless suspended
or revoked by the board.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
401.02 Renewal of License. Any licensee wishing to renew a license shall
submit:
(a) The renewal application supplied by the
board;
(b) The fee specified in Rep 301.04;
(c) If the renewal is not received by the date of
expiration, a late fee of 20 percent per month; and
(d) Proof of completion of the continuing
education requirements of Rep 403.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
401.03 Renewal Application. The applicant shall supply the following
information on the renewal application form:
(a) The applicant’s full name;
(b) The applicant’s business, name,
address and telephone number;
(c) The applicant’s home address and telephone
number;
(d) The applicant’s
e-mail address;
(e) The applicant’s
license number and expiration date;
(f) The renewal
amount due;
(g) An attestation and documentation that the
applicant has complied with the continuing education requirements of Rep 403;
(h) A statement indicating any disciplinary
action brought against the applicant;
(i) A statement indicating whether the applicant
has ever been convicted of any felony, any misdemeanor, or a violation and if
so, the name of the court, the details of the offense and the date of
conviction and the sentence imposed;
(j) A statement indicating that the applicant has
adhered to the ethical and professional standards of Rep 500;
(k) Acknowledgement that, if the applicant provided
false information in the application it is a basis for disciplinary action by
the board;
(l) A surety
bond for the penal sum of $1,000 with one or more sureties 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; and
(m) The applicant’s signature and date.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
401.04 Denial of Renewal. Renewal shall be denied if, after notice and
an opportunity for hearing, the board finds:
(a) Noncompliance with the continuing education
requirements of Rep 403.01;
(b) Any unethical act for which discipline shall
be imposed under Rep 500;
(c) Reasons for which an initial application
could be denied;
(d) Failure to furnish complete or accurate
information on an initial or renewal license application; or
(e) Failure to file a renewal application within
12 months of license expiration.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
401.05 Reinstatement. A court reporter whose license to practice
court reporting in this state has been allowed to lapse for a period of 12
months or more shall:
(a) File a reinstatement application with the
board that shall include at least the following:
(1) The
applicant’s full name, including any names previously used;
(2) The
applicant’s business name, position, address and telephone number;
(3) The
applicant’s home address, e-mail address and telephone number;
(4)
Documentation that the applicant has complied with the continuing
education requirements of Rep 403;
(5) A statement
indicating any disciplinary action brought against the applicant;
(6) A statement
indicating whether the applicant has ever been convicted of any felony, any misdemeanor,
or a violation and if so, the name of the court, the details of the offense and
the date of conviction and the sentence imposed;
(7) A statement
indicating that the applicant has adhered to the ethical and professional
standards of Rep 500;
(8) A statement
indicating that the applicant acknowledges that the provision of false
information in the application is a basis for disciplinary action by the board;
(9) Three references from court reporters as defined
by RSA 310-A:162, II, on the reference forms specified in Rep 302.03;
(10) A surety
bond for the penal sum of $1,000 with one or more sureties 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; and
(11) The
applicant’s signature and date.
(b) Applicants shall submit the application and
reinstatement fees as specified in Rep 301.04.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
401.06 Denial of Reinstatement. Reinstatement shall be denied if, after
notice and an opportunity for hearing, the board finds:
(a) Noncompliance with the continuing education
requirements of Rep 403.01;
(b) Any unethical act for which discipline shall
be imposed under Rep 500;
(c) Reasons for which an initial application
could be denied; or
(d) Failure to furnish complete or accurate
information on an initial or renewal license application.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
401.07 Active Duty Military Inactive
Status.
(a) The board shall place a court reporter on
inactive status pursuant to RSA 332-G:7, II upon receipt of:
(1) A written
request; and
(2) Proof of
active duty service in the Armed Forces of the
(b) The board shall return a court reporter to
active status upon receipt of:
(1) Payment of
the renewal fee;
(2) Proof of
completion of the continuing education requirements pursuant to Rep 403; and
(3) Proof that
the licensee has not been discharged from service in the Armed Forces of the
Source. #10967, eff 10-31-15
PART Rep 402
DISCIPLINARY MATTERS
Rep
402.01 Initiation of Disciplinary
Action. The board shall undertake misconduct
investigations, settlements of misconduct allegations, or disciplinary
hearings, in response to any information which reasonably suggests that a
licensee has engaged in professional misconduct.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
402.02 Disciplinary Sanctions.
(a) Other than immediate license suspensions
authorized by RSA 541-A:30, III the board shall impose disciplinary sanctions
only:
(1) After prior
notice and an opportunity to be heard; or
(2) Pursuant to
a mutually agreed upon settlement or consent decree.;
(b) When the board receives notice that a
licensee has been subjected to disciplinary action related to professional conduct
by the licensing authority of another jurisdiction, where the license was not
reinstated, the board shall issue an order directing the licensee to
demonstrate why reciprocal discipline should not be imposed in
(c) 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 after
considering the presence of aggravating or mitigating circumstances.
(d) After a finding that misconduct has occurred,
the board shall impose one or more of the disciplinary sanctions authorized by
RSA 310-A:174, III after considering the presence of aggravating or mitigating
circumstances.
(e) 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 board; and
(5) Potential
harm to public health and safety.
(f) 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 board;
(4) Acknowledgment
of his or her wrongdoing; and
(5) The purpose
of the rule or statute violated.
(g) No hearing date established in a proceeding
conducted under Rep 402.02 shall be postponed at the request of the licensee
unless the licensee also agrees to continue the suspension period if any
pending issuance of the board’s final decision.
(h) Copies of board orders imposing disciplinary
sanctions and copies of all settlement agreements or consent decrees shall be
sent to the licensing body of each state in which the licensee is licensed and
to such other entities, organizations, associations, or boards as are required
to be notified under applicable state or federal law.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep 402.03 Administrative Fines.
(a) Adjudicative procedures seeking the
assessment of an administrative fine shall be commenced against any person subject
to such fines or penalties under any provision of RSA 310-A when the board
possesses evidence indicating that a violation has occurred.
(b) When persons subject to the board’s
disciplinary authority are directed to pay fines in accordance with Rep 402.02,
such fines shall be assessed in accordance with the factors stated in Rep
402.02 (e) and the following additional considerations:
(1) The cost of
any investigation or hearing conducted by the board; and
(2) The
licensee’s ability to pay a fine assessed by the board.
(c) Administrative fines shall not exceed the
following amounts:
(1) When no
violation of the same type has occurred during a period of licensure within the
5 years preceding the board’s notice to the respondent, the fine assessed shall
not exceed $200.00 per day or $1,000.00 per offense whichever is greater;
(2) When a
single disciplinary infraction of the same type has occurred during a period of
licensure within the 5 years preceding the board’s notice to the respondent, the
fine assessed shall not exceed $200.00 per day or $1,500.00 per offense
whichever is greater;
(3) When more
than one disciplinary infraction of the same type has occurred during a period of
licensure within the 5 years preceding the board’s notice to the respondent,
the fine assessed shall not exceed $200.00 per day or $2,000.00 per offense
whichever is greater; and
(4) In the case
of continuing violations, a separate fine shall be assessed for each day the
violation continues, 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.
(d) A single course of continuing conduct shall
be treated as a single violation for purposes of Rep 402.03 (c), (1), (2) and
(3).
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
402.04 Procedures for Assessing and
Collecting Fines.
(a) Payment of a fine shall be included among the
options available for settling disciplinary allegations, and shall be included
among the types of disciplinary sanctions imposed after notice and hearing.
(b) In cases where the board initially intends to
limit disciplinary sanctions to an administrative fine, the board shall issue a
“notice of apparent liability” describing the alleged offense, stating the
amount of the assessed fine, and notifying the alleged offender that he or she
shall pay or compromise the fine by a date certain or request that an
administrative hearing be held. If a
hearing is requested, the notice of apparent liability shall be withdrawn and a
notice of hearing shall be issued. In such hearings, the board’s disciplinary
options shall not be limited to the assessment of an administrative fine.
(c) Nonpayment of a fine by a licensee or
respondent in contravention of an order, agreement or promise to pay, shall be
a separate ground for discipline by the board or a basis for denying a
subsequent license or renewal application or a basis for judicial action
seeking to collect the fine.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
PART Rep 403
CONTINUING EDUCATION
Rep
403.01 Renewal Requirements.
(a) Continuing education hours shall be earned
pursuant to RSA 310-A:178.
(b) A renewal application shall not be accepted for
filing unless the licensee indicates on the renewal application, and under
penalty of unsworn falsification, that he/she has completed the minimum
required hours of approved professional development hours required pursuant to
RSA 310-A:178.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
403.02 Record Keeping.
(a) The responsibility of maintaining records to
be used to support credits claimed shall be the responsibility of the licensee.
(b) Records required shall contain at least the
following documentation:
(1) A current
continuing education transcript from the National Court Reporters Association
or
(2) A current continuing
education transcript from the National Verbatim Reporters Association.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep 403.03 Exemption A licensee shall be exempt from the
continuing education requirements for serving on temporary active duty in the
armed forces of the
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep 403.04 Waiver
of Continuing Education Deadline. A
licensee may request waiver of continuing education deadlines, as follows:
(a) A petition
requesting a waiver shall be filed at least 30 days before the expiration of
the biennial continuing education period in question;
(b) Late filing
shall be justified by a showing of good cause that includes serious accident,
illness or other circumstances beyond the control of the licensee which actually
prevents the licensee from satisfying the continuing education requirements;
(c) Relevant
supporting documentation from the licensee’s physician or medical professional
shall be furnished to the board when necessary for a fair and informed determination
by the board;
and
(d) A waiver
petition shall include a specific timetable for completing specific courses,
which will meet the petitioner’s continuing education unit deficiency.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
CHAPTER Rep
500 ETHICAL STANDARDS, PROFESSIONAL
CONDUCT, ADMINISTRATIVE
FINES AND
LICENSE SURRENDER
PART Rep 501
ETHICAL STANDARDS/PROFESSIONAL CONDUCT
Rep
501.01 Purpose and Scope.
(a) To establish and maintain a high standard of
integrity, skills and practice in the profession of court reporting, the
following ethical standards/rules of professional conduct are adopted in
accordance with RSA 310-A, and shall be binding upon every person holding a
license issued by the board.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
501.02 Obligation To Obey.
(a) The ethical standards set forth in this part
shall bind all licensees, and violation of any such standard shall result in
disciplinary sanctions. Conduct
proscribed by these ethical standards, when performed by a candidate for
licensure as a court reporter in this state, or during a prior period of licensure,
shall result in denying a license application.
(b) All persons licensed under RSA 310-A shall be
considered to have knowledge of the existence of these ethical standards/rules
of professional conduct, and shall be deemed to be familiar with their several
provisions. Such knowledge shall
encompass the understanding that the practice of court reporting is a
privilege, as opposed to a right, and the licensee shall be forthright and
candid in the licensee's statements or written response to the board or its
representatives on matters pertaining to professional conduct.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
501.03 National Court Reporters Association
of Code of Ethics as Binding Ethical Standards. The ethical standards binding licensees shall
be all provisions of the National Court Reporters Association Code of Ethics
adopted in March 2013 by the National Court Reporters Association, Inc. as
specified in Appendix B, except as modified in RSA 310-A:180, I, and II.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
PART Rep 502
VOLUNTARY LICENSE SURRENDER
Rep
502.01 Procedure for Surrendering a
License. Any person holding a
license may voluntarily surrender that license by returning it to the board
accompanied by a signed letter stating that he/she intends to surrender his/her
license.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
502.02 Effect of Voluntary License
Surrender.
(a) A licensee who voluntarily surrenders a
license shall retain no right or privilege of a
(b) Non-renewal of a license shall not preclude
the board from investigating or completing a disciplinary proceeding based upon
the licensee’s professional conduct while the license was still in effect. Nor
shall surrender of a license preclude the board from investigating disciplinary
proceedings not expressly referenced in the voluntary surrender order or
settlement agreement. Such
investigations and proceedings shall be handled in the same manner as other
disciplinary investigations and proceedings.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
Rep
502.03 Voluntary Surrender When
Misconduct Allegations are Pending.
(a) A licensee who wishes to surrender his or her
license as part of a settlement of pending misconduct allegations shall make a
written settlement offer to the board before the close of the record in a
disciplinary hearing.
(b) Any settlement agreement reached under (a),
above, shall include the following concessions:
(1) That the
license surrender has occurred in settlement of pending disciplinary charges;
and
(2) That the
pending disciplinary allegations shall be fully resolved in any future
application filed by the licensee in
(c) The board shall decline to accept a settlement
agreement under (a), above, if the board believes the licensee has declined to
disclose material information concerning the alleged misconduct or has refused
to stipulate to the truth of specific material facts concerning the alleged
misconduct which would be necessary to protect the public interest in the event
the licensee subsequently reapplies for a license.
(d) A licensee’s stipulation of facts shall be
exempt from public disclosure to the extent permitted by RSA 91-A and if the
public portion of the settlement agreement or surrender document expressly
states that a separate, confidential stipulation of facts is on file with the
board.
(e) The fact of license surrender and the terms
of any settlement agreement pertaining thereto shall be distributed to all
relevant licensing authorities and professional societies in the same manner as
a final decision containing specific finding of professional misconduct.
Source. #9153, eff 5-2-08, EXPIRED: 5-2-15
New. #10967, eff 10-31-15
APPENDIX
|
Rule |
|
|
|
|
|
Rep 101 |
RSA 310-A:161 |
|
Rep 102 |
RSA 310-A:162 |
|
Rep 103-106 |
RSA 310-A:163; RSA 541-A:16, I(a) |
|
|
|
|
Rep 201-213 |
RSA 310-A:164, |
|
Rep 214 |
RSA 541-A:16, I
(b) (3) |
|
Rep 215 |
RSA 541-A:16, I
(c) |
|
Rep 216 |
RSA 541-A:16, I
(d) |
|
Rep 217 |
RSA 541-A:11, VII |
|
|
|
|
Rep 301.01, 301.02, 301.03 |
RSA 310-A:164, I, II; RSA 310-A:169, I, II; RSA
310-A:170, I-III; RSA 310-A:177 |
|
Rep 301.04, 301.05 |
RSA 310-A:164, IV, VI; RSA 310-A:171, I-VIII; RSA
310-A:169, I, II; RSA 310-A:170, I-III |
|
Rep 302.01-302.05 |
RSA 310-A:164, I, II; RSA 310-A:167; RSA 310-A:169;
RSA 310-A:170; RSA 332-G:7 |
|
Rep 303.01 |
RSA 310-A:164 |
|
Rep 304.01-304.03 |
RSA 310-A:164, IX; RSA 310-A:172 |
|
Rep 305.01 |
RSA 310-A:164, I, II; RSA 332-G:7 |
|
Rep 401.01-401.06 |
RSA 310-A:164, IV; RSA 310-A:173 |
|
Rep 401.07 |
RSA 310-A:164, IV; RSA 332-G:7 |
|
Rep 402.01-402.04 |
RSA 310-A:164, V; RSA 310-A:174, I-III; RSA
310-A:175, I-II |
|
Rep 403.01-403.04 |
RSA 310-A:164, IV; RSA 310-A:178 |
|
|
|
|
Rep 501.01-501.03 |
RSA 310-A:164, V; RSA 310-A:167, I-IV |
|
Rep 502.01-502.03 |
RSA 310-A:164,V |