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Court Reporters Board of California releases proposed regulations on
Professional Standards of Practice
California Code of Regulations
COURT REPORTERS BOARD OF CALIFORNIA
ORDER OF ADOPTION – FINAL REGULATORY TEXT
Article 8. Denial, Suspension and Revocation of Certificates
Adopt Section 2475
as follows:
§ 2475.Professional Standards of Practice.
(a) Consistent with any
action that may be taken by the Board pursuant to Sections 8025 and 8025.1 of the
Code, the Board may cite or discipline any certificate holder, including
suspending, revoking, or denying the certification of a certified shorthand
reporter, for violation of professional standards of practice.
(b) Every person
under the jurisdiction of the Board who holds a license or certificate, or
temporary license or certificate, shall comply with the following professional
standards of practice:
(1) Make truthful and accurate public statements when
advertising professional qualifications and competence and/or services offered
to the public.
(2) Maintain confidentiality of information which is confidential
as a result of rule, regulation, statute, court order, or deposition
proceedings.
(3) Perform professional services within the scope of one’s
competence, including promptly notifying the parties present or the presiding
officer upon determining that one is not competent to continue an assignment. A
licensee may continue to report proceedings after such notification upon
stipulation on the record of all parties present or upon order of the presiding
officer.
(4) Comply with legal and/or agreed-to delivery dates and/or provide
prompt notification of delays.
(5) In addition to the requirements of Section
2025.220(a)(5) of the Code of Civil Procedure, promptly notify, when reasonably
able to do so, all known parties in attendance at a deposition or civil court
proceeding and/or their attorneys of a request for preparation of all or any
part of a transcript, including a rough draft, in electronic or paper form. No
such notification is necessary when the request is from the court.
(6) Act
without bias toward, or prejudice against, any parties and/or their attorneys.
(7) Not enter
into, arrange, or participate in a relationship that compromises the
impartiality of the certified shorthand reporter, including, but not
limited to, a relationship in which compensation for reporting
services is based upon the outcome of the proceeding.
(8) Other than the receipt of compensation for reporting services,
neither directly or indirectly give nor receive any gift, incentive,
reward, or anything of value to or from any person or entity
associated with a proceeding being reported. Such persons or
entities shall include, but not be limited to, attorneys, employees
of attorneys, clients, witnesses, insurers, underwriters, or any
agents or representatives thereof. Exceptions to the foregoing
restriction shall be as follows: (A) giving or receiving items
that do not exceed $100 (in the aggregate for any combination of
items given and/or received) per above-described person or entity
per calendar year; or (B) providing services without charge for
which the certified shorthand reporter reasonably expects to be
reimbursed from the Transcript Reimbursement Fund, Sections 8030 et
seq. of the Code, or otherwise for an “indigent person” as defined
by Section 8030.4(f) of the Code.
NOTE:
Authority cited: Sections 8007, Business and Professions Code.
Reference: Sections 8025, 8025.1, and 8030, Business and Professions
Code. |