AB622_EN

Assembly Bill No. 622–Committee on Commerce and Labor

CHAPTER..........

AN ACT relating to certified court reporters; requiring court reporting firms to be licensed by the certified court reporters’ board of Nevada before engaging in business in this state; expanding the regulatory authority of the board; increasing certain fees that are required to be collected by the board; providing a penalty; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 656 of NRS is hereby amended by adding thereto

the provisions set forth as sections 2 to 6, inclusive, of this act.

Sec. 2. 1. It is unlawful for any person to conduct business as a

court reporting firm or to advertise or put out any sign or card or other

device which might indicate to members of the public that he is entitled to

conduct such a business without first obtaining a license from the board.

2. Each applicant for a license as a court reporting firm shall file an

application with the executive secretary or chairman of the board on a

form prescribed by the board.

3. The application must:

(a) Include the social security number and federal identification

number of the applicant;

(b) Be accompanied by the statement required pursuant to NRS

656.155; and

4. To obtain a license pursuant to this section, an applicant need not

hold a certificate of registration as a certified court reporter.

Sec. 3. 1. A license as a court reporting firm expires on June 30 of

each year and may be renewed if, before that date, the licensee submits to

the board:

(a) An application for renewal on a form prescribed by the board;

(b) The statement required pursuant to NRS 656.155; and

2. A license that expires pursuant to the provisions of this section

may be reinstated if the applicant:

(a) Complies with the provisions of subsection 1; and

(b) Submits to the board the required fee for reinstatement.

Sec. 4. The board may refuse to issue or renew or may suspend or

revoke a license if, after notice and a hearing, the board determines that

the licensee has committed any of the acts set forth in NRS 656.240 or

656.250.

Sec. 5. If the board refuses to renew or suspends or revokes a license

or certificate, it may order the holder of the license or certificate to pay

all costs and attorney’s fees incurred by the board relating to its action.

Sec. 6. 1. The board may:

(a) Develop and conduct programs of continuing education relating to

the practice of court reporting.

(b) Charge and collect a reasonable fee from persons who attend such

a program.

2. The board shall not refuse to renew or restore the certificate of a

court reporter who does not attend such a program but who otherwise

complies with the requirements for continuing education prescribed by

the board.

Sec. 7. NRS 656.030 is hereby amended to read as follows:

656.030 As used in this chapter[:] , unless the context otherwise

requires:

1. “Board” means the certified court reporters’ board of Nevada.

2. “Certificate” means a certified court reporter’s certificate issued

under the provisions of this chapter.

3. “Court reporter” means a person who is technically qualified and

registered under this chapter to practice court reporting.

4. “Court reporting firm” means a person who, for compensation,

provides or arranges for the services of a court reporter or provides

referral services for court reporters.

5. “License” means a license issued under the provisions of this

chapter to conduct business as a court reporting firm.

6. “Practice of court reporting” means reporting by the use of any

system of manual or mechanical shorthand writing:

(a) Grand jury proceedings;

(b) Court proceedings;

of like character; or

(d) Proceedings of an administrative agency if the final decision of the

agency with reference thereto is subject to judicial review.

[5.] 7. “Stenographic notes” [mean] means the original manually or

mechanically produced notes in shorthand or shorthand writing taken by a

court reporter while in attendance at a proceeding to report the proceeding.

Sec. 8. NRS 656.120 is hereby amended to read as follows:

656.120 The board shall:

1. Adopt a seal which [shall] must be affixed to all licenses and

certificates issued by the board.

2. Charge and collect from all applicants for licenses and certificates

the fees provided for in this chapter.

3. Charge and collect from all persons renewing licenses and

certificates the renewal fees provided for in this chapter.

Sec. 9. NRS 656.130 is hereby amended to read as follows:

656.130 1. The board may by a majority vote suspend or revoke a

license or certificate for any cause specified in this chapter.

2. The board may issue subpoenas for the attendance of witnesses and

the production of relevant books and papers.

3. The board may adopt such regulations as are necessary to carry

out the provisions of this chapter.

Sec. 10. NRS 656.155 is hereby amended to read as follows:

656.155 1. An applicant for the issuance or renewal of a license or

certificate shall submit to the board the statement prescribed by the welfare

division of the department of human resources pursuant to NRS 425.520.

The statement must be completed and signed by the applicant.

2. The board shall include the statement required pursuant to

subsection 1 in:

(a) The application or any other forms that must be submitted for the

issuance or renewal of the license or certificate; or

(b) A separate form prescribed by the board.

3. A license or certificate may not be issued or renewed by the board if

the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that he

is subject to a court order for the support of a child and is not in

compliance with the order or a plan approved by the district attorney or

other public agency enforcing the order for the repayment of the amount

owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to

subsection 1 that he is subject to a court order for the support of a child and

is not in compliance with the order or a plan approved by the district

attorney or other public agency enforcing the order for the repayment of

the amount owed pursuant to the order, the board shall advise the applicant

to contact the district attorney or other public agency enforcing the order to

determine the actions that the applicant may take to satisfy the arrearage.

Sec. 11. NRS 656.200 is hereby amended to read as follows:

656.200 1. To renew a certificate of registration , a court reporter

must:

(a) Apply to the board for renewal;

(b) Submit the statement required pursuant to NRS 656.155;

(d) Submit evidence to the board of his completion of the requirements

for continuing education established by the board.

2. The board shall adopt regulations requiring court reporters to

participate in continuing education or training as a prerequisite to the

renewal or restoration of a certificate. If a court reporter fails to comply

with the requirements, the board may suspend or revoke his certificate.

3. The failure of any court reporter to submit the statement required

pursuant to NRS 656.155 or pay in advance the annual renewal fee which

may be fixed by the board as necessary to defray the expense of

administering the provisions of this chapter results in the suspension of the

reporter’s right to engage in the practice of court reporting. The suspension

must not be terminated until the statement has been submitted and all

delinquent fees have been paid.

4. A court reporter whose certificate of registration has been

suspended because of his failure to submit the statement or pay the renewal

fee:

(a) May within 2 years thereafter have his certificate reinstated without

examination upon submission of the statement and payment of the fees set

forth in paragraph (e) of subsection [5] 1 of NRS 656.220.

(b) While he was on active military duty or in training before induction,

may have his certificate renewed without payment of any fee if he files an

application for renewal, the statement required pursuant to NRS 656.155

and an affidavit of such service with the board within 2 years after the

termination of the service.

Sec. 12. NRS 656.220 is hereby amended to read as follows:

656.220 1. The fees required by this chapter are fixed by the

following schedule:

[1.] (a) The fee for filing an application for an examination [is $50.

2.] must be fixed by the board annually at not more than $250 and not

less than $90.

(b) The fee for the original issuance of a certificate must be fixed by the

board annually at not more than [$100] $150 and not less than [$50.

3.] $100.

to the renewal fee in effect on the last regular renewal date before the date

on which the certificate is issued, except that if the certificate will expire

less than 1 year after its issuance, then the fee is 50 percent of the renewal

fee in effect on the last regular renewal date before the date on which the

certificate is issued. The board may by regulation provide for the waiver or

refund of the initial certificate fee if the certificate is issued less than 45

days before the date on which it will expire.

[4.] (d) The annual renewal fee for a certificate must be fixed by the

board annually at not more than [$100] $150 and not less than [$50.] $100.

Every holder of a certificate desiring renewal must pay the annual renewal

fee to the board on or before May 15 of each year.

[5.] (e) For the renewal of a certificate which was suspended for failure

to renew, the fee is an amount equal to all unpaid renewal fees accrued plus

a reinstatement fee [of $25.] that must be fixed by the board annually at

not more than $75 and not less than $50.

(f) The fee for the original issuance of a license as a court reporting

firm is $150.

(g) The fee for the annual renewal of a license as a court reporting

firm is $150.

(h) The fee for the reinstatement of a license as a court reporting firm

is $150.

2. In addition to the fees set forth in subsection 1, the board may

charge and collect a fee for any other service it provides. The fee must

not exceed the cost incurred by the board to provide the service.

Sec. 13. NRS 656.255 is hereby amended to read as follows:

656.255 1. If the board receives a copy of a court order issued

pursuant to NRS 425.540 that provides for the suspension of all

professional, occupational and recreational licenses, certificates and

permits issued to a person who is the holder of a license or certificate

issued pursuant to this chapter, the board shall deem the license or

certificate issued to that person to be suspended at the end of the 30th day

after the date on which the court order was issued unless the board receives

a letter issued to the holder of the license or certificate by the district

attorney or other public agency pursuant to NRS 425.550 stating that the

holder of the license or certificate has complied with the subpoena or

warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The board shall reinstate a license or certificate issued pursuant to

this chapter that has been suspended by a district court pursuant to NRS

425.540 if the board receives a letter issued by the district attorney or other

public agency pursuant to NRS 425.550 to the person whose license or

certificate was suspended stating that the person whose license or

certificate was suspended has complied with the subpoena or warrant or

has satisfied the arrearage pursuant to NRS 425.560.

Sec. 14. NRS 656.260 is hereby amended to read as follows:

656.260 1. A holder of a license or certificate [must] shall notify the

chairman or executive secretary of the board in writing within 30 days after

changing his name or address.

2. If a court reporting firm is a partnership or corporation, any

change of partners or corporate officers must be reported to the

chairman or executive secretary within 30 days after the change.

3. The board may suspend or revoke [his] a license or certificate if

[he] the holder thereof fails so to notify the board.

Sec. 15. NRS 656.270 is hereby amended to read as follows:

656.270 The entry of a decree by a court of competent jurisdiction

establishing the mental illness of any person holding a license or certificate

under this chapter operates as a suspension of [such] the license or

certificate. Such a person may resume his business or practice only upon a

finding by the board that the holder of [such] the license or certificate has

been determined to be recovered from mental illness by a court of

competent jurisdiction and upon the board’s recommendation that [such]

the holder be permitted to resume his business or practice.

Sec. 16. NRS 656.280 is hereby amended to read as follows:

656.280 1. The board may upon its own motion and shall upon the

verified complaint in writing of any person setting forth facts which if

proven would constitute grounds for refusal, suspension or revocation as

set forth in NRS 656.240 to 656.270, inclusive, and section 4 of this act

investigate the actions of any person who applies for, or holds or represents

that he holds a license or certificate. Such a person is in this section and in

NRS 656.290 called the accused.

2. The board shall, before refusing to issue, suspending or revoking

any license or certificate, notify the accused in writing of any charges

made. The notice must be served by delivery personally to the accused, or

by mailing by registered or certified mail to the last known place of

business of the accused.

3. The time set in the notice must not be less than 10 nor more than 30

days after delivery or mailing.

4. The board may continue the hearing from time to time.

Sec. 17. NRS 656.290 is hereby amended to read as follows:

656.290 1. The board may subpoena and bring before it any person

in this state and take testimony orally or by deposition, or both, with the

same fees and mileage and in the same manner as prescribed in civil cases

in courts of this state.

2. Any district court, upon the application of the accused or

complainant or of the board may, by order, require the attendance of

witnesses and the production of relevant books and papers before the board

in any hearing relative to the application for or refusal, recall, suspension

or revocation of a license or certificate, and the court may compel

obedience to its order by proceedings for contempt.

3. The board[, at its expense,] shall provide a court reporter to

transcribe the testimony and preserve a record of all proceedings at the

hearing of any case wherein a license or certificate is revoked or

suspended. The notice of hearing, complaint and all other documents in the

nature of pleadings and written motions filed in the proceedings, the

transcript of testimony, the report of the board and its orders constitute the

record of the proceedings. The board shall furnish a transcript of the record

to any person interested in the hearing upon payment therefor of the

statutory fees for transcription as provided in NRS 3.370.

4. At any time after the suspension or revocation of any license or

certificate, the board may restore it to the accused without examination

upon unanimous vote by the board.

Sec. 18. NRS 656.300 is hereby amended to read as follows:

656.300 1. The practice of court reporting by any person who has not

been issued a certificate or whose certificate has been suspended or

revoked , or conducting a business as a court reporting firm without first

obtaining a license therefor or with a suspended or revoked license, is

hereby declared to be inimical to public health and welfare and to

constitute a public nuisance. The attorney general of the State of Nevada,

the district attorney of any county in the state or any resident may maintain

an action in the name of the State of Nevada perpetually to enjoin any

person from so unlawfully practicing court reporting , or unlawfully

conducting business as a court reporting firm, and from doing,

committing or continuing such an unlawful act.

2. In all proceedings under this section , the court may apportion the

costs among the parties interested in the suit, including the costs of filing

the complaint, service of process, witness fees and expenses, charges for a

court reporter and reasonable attorney’s fees.

3. The proceeding authorized by this section is in addition to and not in

lieu of criminal prosecutions or proceedings to revoke or suspend licenses

or certificates as authorized by this chapter.

Sec. 19. Section 2 of this act is hereby amended to read as follows:

Sec. 2. 1. It is unlawful for any person to conduct business as a

court reporting firm or to advertise or put out any sign or card or other

device which might indicate to members of the public that he is

entitled to conduct such a business without first obtaining a license

from the board.

2. Each applicant for a license as a court reporting firm shall file

an application with the executive secretary or chairman of the board

on a form prescribed by the board.

3. The application must:

(a) Include the [social security number and] federal identification

number of the applicant; and

(b) [Be accompanied by the statement required pursuant to NRS

656.155; and

(c)] Beaccompanied by the required fee.

4. To obtain a license pursuant to this section, an applicant need

not hold a certificate of registration as a certified court reporter.

Sec. 20. Section 3 of this act is hereby amended to read as follows:

Sec. 3. 1. A license as a court reporting firm expires on June 30

of each year and may be renewed if, before that date, the licensee

submits to the board:

(a) An application for renewal on a form prescribed by the board;

and

(b) [The statement required pursuant to NRS 656.155; and

(c)]The required fee for renewal.

2. A license that expires pursuant to the provisions of this section

may be reinstated if the applicant:

(a) Complies with the provisions of subsection 1; and

(b) Submits to the board the required fee for reinstatement.

Sec. 21. Notwithstanding the provisions of section 2 of this act, a

person who conducts business as a court reporting firm or advertises or

puts out any sign or card or other device which might indicate to members

of the public that he is entitled to conduct such a business is not required to

be licensed pursuant to the provisions of this act before October 1, 2001.

Sec. 22. The amendatory provisions of this act do not apply to

offenses that were committed before July 1, 2001.

Sec. 23. 1. This section and sections 1 to 18, inclusive, 21 and 22 of

this act become effective on July 1, 2001.

2. Sections 19 and 20 of this act become effective on the date on which

the provisions of 42 U.S.C. § 666 requiring each state to establish

procedures under which the state has authority to withhold or suspend, or

to restrict the use of professional, occupational and recreational licenses of

persons who:

(a) Have failed to comply with a subpoena or warrant relating to a

procedure to determine the paternity of a child or to establish or enforce an

obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or more

children,

are repealed by the Congress of the United States.

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