CODES MODULE, PART II

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CODES MODULE, PART II

• CODE OF REGULATIONS

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CODE OF REGULATIONS
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Title 16

• These are administrative rules written by the CSR
  Board that govern the profession of shorthand
  reporting.
• Before January 1, 1988, this set of rules was
  called the California Administrative Code.

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2400 Location of Offices

• The principal office of the board shall be
  located in Sacramento, California.

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2404 Delegation of Certain Functions

• The legislature has given the CSR Board the power
  to investigate and discipline CSRs.
• The board has given the Executive Officer of the
  CSR Board the power to establish and administer
  the procedures necessary to the disciplinary
  process.

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• The executive officer has the following powers
• Receive and file formal charges against CSRs
• Issue notices of hearings and statements
• Receive and file notices of defense
• Determine the time and place for hearings
• Issue subpoenas
• Set and calendar cases for hearing
• Mail CSR board decisions
• Perform other functions necessary to carry out
  the business of the board

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2406 Use of License Numbers

• A reporter shall list the reporters license
  number on the cover page and certificate page of
  each deposition, court transcript, or transcript
  of other legal proceedings.
• The license number shall be included on any
  presentments to the public, including
  advertising, solicitation, business cards,
  stationery, and telephone listings.

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Questions on Sections 2404 and 2406

1. Who determines the time and place of any hearings
   before the CSR Board?

The Executive Officer
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1. Who has the authority to issue subpoenas for the
   CSR Board?

The Executive Officer
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• Is it unnecessary to list the license number of a
  CSR in any of the following places
• advertising?
• arbitration proceedings?
• solicitations?
• depositions?

No. It is mandatory.
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Multiple Choice

• A licensee need not list his license number on
• business card
• personal stationery
• certificate page of deposition
• telephone listing

Answer B
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• The executive officer may NOT, under 2404,
• file notices of defense
• file accusations
• issue subpoenas
• impose penalties

Answer D
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• Reporters are licensed under
• Code of Regulations
• Business and Professions Code
• Government Code
• Consumer Code

Answer B
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True or False

1. Reporters are licensed under Chapter 13 of
   Division 3 of the Business and Professions Code.

True
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1. The power of the CSR Board to set disciple
   hearings is granted under the Code of Regulations.

False
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1. The Code of Regulations provides that the
   Executive Officer of the Board files accusations.

False
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1. The executive officer is appointed to make
   decisions under Section 11518 of the Government
   Code.

False
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1. A licensee need not list his number on his
   business card unless he is a professional
   corporation.

False
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1. The license number of a CSR need not appear on
   court transcripts if the CSR is an official
   reporter.

False
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2407 Review of CSR Applications

• The Board shall inform applicants in writing
  whether the application is complete within 30
  days of receipt of the application and fee.
• The Board will inform applicants who have
  resubmitted an application which was previously
  rejected for deficiencies within 5 days of
  receipt.
• The decision of the Board concerning examination
  results will be given within 100 days of the
  receipt of the application.

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2408 Processing Time

• The processing time for written examination
  results from the receipt of application until the
  Boards decision can vary from 30-100 days.

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2411 Court Reporting Schools

• A court reporting school must offer
• Dictation class at 200 words per minute
• Required transcription of at least five minutes
  of dictation at the students current speed
• 215 hours of English
• 125 hours of Medical
• 175 hours of Legal
• 25 hours of Technology
• Instruction in court and depo procedures, ethics,
  legal research, and California codes
• Apprenticeship

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2418 Examination Application (a)

• The application for examination must be made on a
  form prescribed by the board, accompanied by any
  documents required and fee.
• The application must be filed at least 45 days
  prior to the next examination.

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2418 Examination Application (b)

• To be eligible for examination, an applicant
  must present proof of having met one of the
  requirements in Section 8020 of the Business
  Professions Code within 5 years of the
  application date.

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• The applicant must meet one of the following
  requirements of Section 8020 of the Business and
  Professions Code
• One year of reporting experience
• Completion of study at a licensed court
  reporting school
• An NCRA certificate
• A passing grade on the state hearing reporters
  examination
• An accepted out-of-state license

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2418 Examination Application (c)

• An applicant seeking to qualify by work
  experience must have at least one year of
  experience making verbatim records of
  depositions, arbitrations, hearings, or other
  proceedings using machine shorthand.

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• The following types of experience are not
  accepted by the board
• Captioning
• Reporting classroom lectures, conferences, police
  or similar reports
• Transcription of tapes, such as police reports,
  medical dictation or similar materials
• One year means at least 1400 hours engaged in
  making verbatim records

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2418 Examination Application (d)

• A person seeking to qualify under subsection (b)
  of Section 8020 must be enrolled and attending
  classes at the school through which the applicant
  qualifies for not less than 45 days.

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2418 Examination Application (e)

• A person seeking to qualify under subsection (b)
  of Section 8020 must be provide a certificate
  evidencing completion of the court reporting
  school.
• The certificate shall also attest that the
  applicant has passed a four-voice, 15-minute test
  given at 200 words per minute with 97.5 accuracy.

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2419 Exam Time and Place Fees

• Qualified applicants will be notified in writing
  of the time and place of their assigned
  examination.
• An applicant who no-shows for the exam has
  abandoned his application. He must reapply for
  the next exam.
• Likewise, an applicant who fails to finish the
  exam or does not pass the exam must file a new
  application for the next exam.

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• If the candidate is unable to take the exam due
  to illness or due to good cause, the applicant
  may petition the board before the exam or within
  10 days afterward to have his application fee
  credited toward the next exam.
• Otherwise, there shall be no cash or other refund
  of any application fee to an applicant.

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2420 Passing Grade and Credit

• The examination consists of three parts (1)
  English, (2) Professional Practice, and (3)
  Dictation/ Transcription (Machine/Skill).
• The passing grade of the Dictation/ Transcription
  part is 97.5.
• The passing grade of the written knowledge parts
  is 70.

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• All applicants must pass all three parts of the
  exam within 3 consecutive calendar years or 6
  consecutive exams, whichever is greater.
• An applicant who passes part of the exam will
  receive credit for that portion and has the right
  to be reexamined for the remaining parts. The
  remaining parts must be passed within the
  designated time period.
• The time period may be extended by the board for
  one year (2 exams) under extraordinary
  extenuating circumstances which prevented
  retaking of the exam.

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2421 Identifying Numbers Assigned

• Each test candidate will be assigned an
  identifying number which shall be placed on all
  test materials.
• No candidate shall place his name on any
  examination papers.

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2422 Inspection of Exam Notification

• Examinees are notified in writing of test
  results.
• An unsuccessful candidate may inspect his
  transcript by sending a written request to the
  board within 30 days of the date of the exam
  results.
• Written requests for reconsideration must be
  filed within 45 days following notification of
  exam results. Grounds for reconsideration must
  be stated.

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2423 Destruction of Examination Papers

• All examination papers will be destroyed 90 days
  following the date written notice of the results
  was mailed to all examinees.

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2430 Duplicate Certificates

• Duplicate certificates are available upon written
  request. There is a fee for this service.
• An affidavit must accompany the request stating
  what happened to the original certificate.

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• If a reporter legally changes his name, the
  reporter may request the board issue a duplicate
  certificate.
• Evidence of the new name must be provided to the
  board, and a fee must be paid.

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2451 Due Dates of Fees

• The application fee for each application is due
  and payable at the time of filing.
• The original certificate fee is due and payable
  within 120 days after notification that the
  applicant has passed the exam.

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2461 Definitions

• Licensed person means a natural person who has
  a certified shorthand reporter certificate which
  is unexpired and in full force and effect.
• Certificate of Registration means a certificate
  of registration as a shorthand reporting
  corporation.
• Professional services means the practice of
  shorthand reporting as defined in Section 8017 of
  the Code.

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2464 Application Refusal to Approve

• An applicant corporation shall file with the
  board an application for certificate of
  registration, which shall be signed and verified
  by an officer of the corporation who is a
  licensed person.
• An application fee of 200 must accompany the
  application.

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• The board, through its executive officer, must
  either approve the application and issue a
  certificate or disapprove the certificate.
• Those refused the certificate of registration may
  request a hearing before the board.
• No applicant shall engage in or render any
  professional services unless and until a
  certificate of registration has been issued.

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2467 Ownership Transfers

• The shares of a shorthand reporting corporation
  may be issued only to a licensed person and may
  be transferred only to a licensed person or to
  the issuing corporation.
• If a shareholder dies or becomes disqualified for
  more than 90 days, his shares shall be sold and
  transferred to a licensed person or to the
  issuing corporation within 6 months of death or
  90 days of disqualification.

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• The disqualified person may repurchase such
  shares once he is no long disqualified.
• The above restrictions must be forth in the
  corporations by-laws or articles of
  incorporation and in any share certificates.
• Any income generated by the reporting firm while
  the shareholder is disqualified cannot be given
  to him.

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2468 Certificate of Registration

• A Certificate of Registration continues in effect
  until it is suspended or revoked for failure to
  comply with the code.
• Every July 31st, each reporting firm shall file
  an annual report with the board, along with a
  filing fee.
• It must also file a special report within 30 days
  to report any changes in its status along with a
  filing fee.

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2468 Substantial Relationship Criteria

• In order to suspend, revoke the license of, or
  otherwise discipline a reporter under BP Section
  470, the reporter must have committed a crime
  that is substantially related to shorthand
  reporting.
• This requirement includes conviction of a crime
  involving fraud or dishonesty or violation of any
  law governing reporting.

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2471 Criteria for Rehabilitation

• In deciding whether an applicant has been
  rehabilitated, the CSR Board must look at the
  following factors
• the seriousness of the crime
• if any later crimes were committed
• how long ago the crime was committed
• if the applicant has fulfilled the conditions of
  his sentence
• any other evidence submitted by the applicant

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2473 Transcript Standards

• A licensed reporter must adhere to minimum
  transcript standards when producing a transcript.
• If the reporter works in court, the local rules
  of court will supersede this rule.

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• The ten minimum standards are
• At least 25 lines per page
• A full line of text must contain at least 56
  characters without timestamping and 52 with
  timestamping
• The left-hand margin is the first character on
  the line of text
• Each Q and A to begin on a separate line
• Text must begin no more than 10 spaces from the
  left-hand margin, including Q or A symbols

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1. Colloquy and paragraphed material begins no more
   than 10 spaces from the left-hand margin, with
   carry-over lines to begin at the left-hand margin
2. Carry-over Q and A lines to begin at the
   left-hand margin
3. Quoted material to begin no more than 14 spaces
   from the left-hand margin with carry-over lines
   to being no more than 10 spaces from the
   left-hand margin

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• Parenthetical and exhibit markings of two lines
  or more must be no less than 35 characters per
  line
• In colloquy, text must begin no more than two
  spaces after the colon following the speaker ID
• Failure to comply with these minimum standards
  constitutes grounds for disciplinary action.

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2480 Administrative Citations/Fines

• The executive officer is authorized to issue
  citations for violations of the regulations.
• A citation is issued whenever a fine is levied or
  an order of abatement is issued.

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• Any citations issued shall allow a reasonable
  period for correction of the violation and may
  include a fine, not to exceed 2500 a citation.
• Citations will be in writing and describe the
  violation in detail and include the section
  violated.
• The citation can be served personally or by
  certified mail.

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• The executive officer will take into account the
  circumstances of the violation in determining the
  amount of the fine.
• The executive officer has the discretion to issue
  an order of abatement without levying a fine for
  the first violation.
• If the cited person is unable to fulfill the
  conditions of the citation, he may ask for an
  extension of time in writing.

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• It is a violation not to carry out the terms of
  the order of abatement within the allotted time.
• Further disciplinary action may result for such a
  failure.
• The executive officer is authorized to issue
  citations against unlicensed persons or
  corporations performing shorthand services
  requiring a license.

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2481 Informal Conference

• A person cited may request, in writing, an
  informal conference with the executive officer
  within 10 days of receiving the citation, in
  addition to a hearing.
• The executive officer may elect to hold an
  informal conference within 30 days of the request
  with the person cited and his legal counsel.

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• The executive officer may affirm or modify the
  citation at the end of such a conference and
  within 10 days state in writing his final
  decision.
• A person cited does not waive his request for a
  hearing to contest the citation by requesting an
  informal conference, even if the executive
  officer affirms his decision.

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Questions on Sections 2418-81

• Applications for the CSR examination must be
  submitted 45 days prior to the date of the
  examination.
• always
• unless the applicant is qualified by the RPR
• except when the applicant is repeating the
  examination
• unless the application is accompanied by a 50
  percent penalty

Answer A
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• Applicants for the CSR examination who qualify by
  work experience must
• have reported in court for six months
• have had 2600 hours of actual reporting
• have had at least one year of experience
• a judges affidavit

Answer C
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• After the date the test results are mailed, an
  examinee may file an appeal within
• 30 days
• 45 days
• 60 days
• 120 days

Answer B
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• A shorthand reporting corporation must file a
  report with the Board
• quarterly
• annually
• biannually
• biennially

Answer B
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• After the results of the CSR are mailed, the
  examination papers shall be destroyed in
• 30 days
• 60 days
• 90 days
• 120 days

Answer C
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• Carry-over Q and A lines are to begin
• no more than 10 spaces from the left margin
• no more than 14 spaces from the left margin
• at the left-hand margin

Answer C
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• In colloquy, text shall begin
• no more than five spaces after the colon
• no more than two spaces after the colon
• no more than ten spaces after the colon

Answer B
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• Parenthetical and exhibit markings of two or more
  lines shall have no less than
• 35 characters per line
• 52 characters per line
• 48 characters per line

Answer A
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• Colloquy begins
• no more than 10 spaces from the left-hand margin
• no more than 5 spaces from the left-hand margin
• no more than 14 spaces from the left-hand margin

Answer A
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• There must be
• 25 typed text lines per page
• 26 typed text lines per page
• 28 typed text lines per page

Answer A
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• An abatement is a
• pleading
• charge
• decrease

Answer C
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True or False

1. An applicant for the CSR examination who is
   qualifying by work experience cannot use
   conference reporting as a qualification.

True
70

1. An applicant for the CSR examination who can
   write 200 words per minute and wants to qualify
   by equivalent proficiency does not have to
   establish his knowledge in English.

False
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1. Shares in a shorthand reporting corporation may
   be issued only to a licensed person.

True
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1. Applicants for the CSR license put their names on
   the Professional Practice and English
   examinations but must use an assigned number on
   the skills test.

False
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1. If an applicant for licensure fails any part of
   the CSR examination, he must take all parts again
   at the next test.

False
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1. An examinee may present oral argument to the
   board in appealing the results of the test.

False
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1. A person cited with a violation may request a
   hearing and/or an informal conference with the
   executive officer of the board.

True
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1. Violation by a licensed CSR of any of the
   applicable provisions and laws may result in the
   executive officer of the board issuing an order
   of abatement.

True
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