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IL CSR Act

THE ILLINOIS CERTIFIED SHORTHAND

REPORTERS ACT OF 1984

225 Illinois Compiled Statutes 1996

415/1 - 415/28, Inclusive

(Current through Public Act 91-0558)

Effective August 14, 1999

NOTE: This copy of the Illinois Certified Shorthand Reporters Act of 1984 is furnished to you for your convenience. This is not an official copy. If there are any inconsistencies between this version and the current law, the official law, as published by the Secretary of State in the "Laws of Illinois", controls.

THE ILLINOIS CERTIFIED SHORTHAND REPORTERS ACT OF 1984

Effective January, 1, 1984, as amended

CONTENTS

The paragraph number in the first column refers to the relevant paragraphs of 225 Illinois Compiled Statutes 1996. The Section numbers in the second column refer to the Sections of the Illinois Certified Shorthand Reporters Act of 1984, as amended.

Par. Sec.

415/1. 1. Legislative declarations

415/2. 2. Short title

415/3. 3. Practice prohibition - Non-residents

415/3. 5 Uncertified Practice – Violation – Civil Penalty

415/4. 4. Definitions

415/5. 5. Certified shorthand reporters - Title

415/6. 6. Restricted certificate of registration - Refusal to issue or suspension of certificate for tax violations

415/7. 7. Administration of act - Rules - Reports

415/8. 8. Shorthand Reporters Board

415/9. 9. Application for certificate - Proof of competency

415/10. 10. Examination of applicant - Failure or refusal to take examination

415/11. 11. Conditions of qualification

415/12. 12. Necessity of certificate

415/13. 13. Prohibition of compensation for uncertified reporters

415/14. 14. Expiration of certificate - Renewal or restoration

415/15. 15. Inactive status - Restoration

415/16. 16. Registration without examination - Applicant certified in another State

415/17. 17. Fees - Returned checks - Expiration while in military

415/18. 18. Roster of certificate holders

415/19. 19. Advertisement of services

415/20. 20. Professional corporations not prohibited

415/21. 21. Certificate holders under prior law - Status

415/22. 22. Revocation or suspension of certificates - Prior proceedings

415/23. 23. Grounds for disciplinary action

415/23.1. 23.1. Violations of Act - Injunction - Petition for relief - Cease and desist order

415/23.2. 23.2. Investigations - Notice

415/23.3. 23.3. Record of proceedings involving refusal, revocation or suspension of certificate

415/23.4. 23.4. Subpoena of witnesses and taking of testimony - Oaths

415/23.5. 23.5. Compelling attendance at hearing - Production of records

415/23.6. 23.6. Report of findings and recommendations of board - Orders of director

415/23.7. 23.7. Service of report of board upon respondent - Motion for rehearing

415/23.8. 23.8. Rehearing - Grounds - Order

415/23.9. 23.9. Hearing officer - Reports

415/23.10. 23.10. Order of director as prima facie evidence

415/23.11. 23.11. Restoration of certificate

415/23.12. 23.12. Surrender of suspended or revoked certificate

415/23.13. 23.13. Temporary suspension of certificate

415/23.14. 23.14. Review under Administrative Review Law

415/23.15. 23.15. Certification - Receipt

415/23.16. 23.16. Violations of Act

415/24. 24. Administrative Procedure Act

415/25. 25. Exclusive state power or function

415/26. 26. Information required on reported transcripts

415/26.1 26.1 Responsibility for Notes

415/27. 27. Continuing education

415/28. 28. Payment for Services

THE ILLINOIS CERTIFIED SHORTHAND REPORTERS ACT OF 1984

(The numbers appearing below in parentheses preceding Section numbers are references to paragraphs of 225 Illinois Compiled Statutes 1996.)

AN ACT concerning the regulation of shorthand reporting.

P.A. 83-73, approved August 17, 1983, effective January 1, 1984.

(415/1. Legislative declarations) Section 1. The practice of shorthand reporting in the State of Illinois is hereby declared to affect the public health, safety and welfare and to be subject to regulation and control in the practice of shorthand reporting as a profession; to promote efficiency in court and general reporting; and to extend to the public the protection afforded by a standardized profession by establishing a standard of competency for certified shorthand reporters. It is further declared that, in order for the practice of shorthand reporting as defined in this Act to merit and receive the confidence of the public, only qualified persons shall be authorized to practice shorthand reporting in the State of Illinois. This Act shall be liberally construed to best carry out these subjects and purpose.

(415/2. Short title) Section 2. This Act may be cited as the Illinois Certified Shorthand Reporters Act of 1984. Amended by P.A. 87-481, Section 1, effective September 13, 1991.

(415/3. Practice prohibition - Non-residents) Section 3. No person may practice shorthand reporting on a temporary or permanent basis in the State without being certified under this Act. This Act does not prohibit any non-resident practicing shorthand

reporter from practicing shorthand reporting in this State on a purely temporary basis with reference to one single proceeding.

Amended by P.A. 87-481, Section 1, effective September 13, 1991; P.A. 87-576, Section 3, effective September 17, 1991.

(415/3.5. Uncertified practice – Violation – Civil penalty) Section 3.5. Uncertified practice; violation; civil penalty.

(a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice as a shorthand reporter without being certified under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a licensee.

(b) The Department has the authority and power to investigate any and all unlicensed activity.

(c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.

Added by P.A. 89-474, Section 115, effective June 18, 1996.

(415/4. Definitions) Section 4. In this Act: (1) "Department" means the Department of Professional Regulation.

(2) "Director" means the Director of Professional Regulation.

(3) "Board" means the Certified Shorthand Reporters Board appointed by the Director.

(4) "The practice of shorthand reporting" means reporting, by the use of any system of manual or mechanical shorthand writing, of Grand Jury proceedings, court proceedings, court related proceedings of like character, or proceedings of an administrative agency when the final decision of the agency with reference thereto is likely to be subject to judicial review under the provision of the Administrative Review Law.

(5) "Shorthand reporter" means a person who is technically qualified and certified under this Act to practice shorthand reporting.

(6) "Stenographic notes" means the original notes by manual or mechanical shorthand or shorthand writing taken by a shorthand reporter of a proceeding while in attendance at such proceeding for the purpose of reporting the same.

Amended by P.A. 87-481, Section 1, effective September 13, 1991; P.A. 87-576, Section 3, effective September 17, 1991.

(415.5. Certified shorthand reporters - Title) Section 5. TitleEvery person to whom a valid existing certificate as a certified shorthand reporter has been issued under this Act, shall be designated as a Certified Shorthand Reporter and not otherwise, and any such certified shorthand reporter may, in connection with his or her practice of shorthand reporting, use the abbreviation "C.S.R." or the title "Court Reporter". No person other than the holder of a valid existing certificate under this Act shall use the title or designation of "Certified Shorthand Reporter", "Court Reporter", or "C.S.R.", either directly or indirectly in connection with his or her profession or business.

Amended by P.A. 90-49, effective July 3, 1997.

(415.6 Restricted certificate of registration - Refusal to issue or suspension of certificate for tax violations) Section 6. Upon receipt of a written request from the Supreme Court, the Department shall, upon payment of the required fee, issue to any reporter who has been appointed in counties of less than 1,000,000 in population, and examined under the Court Reporters Act, except those who have achieved an "A" proficiency rating, a restricted certificate by which such official court reporter may then lawfully engage in reporting only court proceedings to which he may be assigned by the Chief Judge of his circuit.

The Department may refuse to issue or may suspend the certificate of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied.

Amended by P.A. 84-221, Article II, Section 33, effective September 1, 1985; P.A. 84-1395, Section 13, effective January 1, 1987.

(415/7. Administration of act - Rules - Reports) Section 7.

(a) The Department shall exercise the powers and duties prescribed by The Civil Administrative Code of Illinois for the administration of licensing Acts and shall exercise such other powers and duties necessary for effectuating the purpose of this Act.

(b) The Director may promulgate rules consistent with the provisions of this Act for the administration and enforcement thereof, and for the payment of fees connected therewith, and may prescribe forms which shall be issued in connection therewith. The rules shall include standards and criteria for licensure and professional conduct and discipline. The Department shall consult with the Board in promulgating rules. Notice of proposed rulemaking shall be transmitted to the Board and the Department shall review the Board's response and any recommendations made therein. The Department shall notify the Board in writing with proper explanation of deviations from the Board's recommendations and responses.

(c) The Department may at any time seek the advice and the expert knowledge of the Board on any matter relating to the administration of this Act.

(d) The Department shall issue quarterly a report to the Board of the status of all complaints related to the profession filed with the Department.

(415/8. Shorthand Reporters Board) Section 8. The Director shall appoint a Certified Shorthand Reporters Board as follows: Seven Persons who shall be appointed by and shall serve in an advisory capacity to the Director. Six members must be certified shorthand reporters, in good standing, and actively engaged in the practice of shorthand reporting in this State for ten years, and one member must be a member of the public who is not certified under this Act, or a similar Act of another jurisdiction.

Members shall serve four-year terms and until their successors are appointed and qualified, except that of the initial appointments, one member shall be appointed to serve for one year, two shall be appointed to serve for two years, two shall be appointed to serve for three years, and the remaining one, who shall be the public member, shall be appointed to serve for four years, until their successors are appointed and qualified. No member shall be reappointed to the Board for a term that would cause his continuous service on the Board to be longer than eight successive years. Service prior to the effective date of this amendatory Act of 1991, shall be considered. Appointments to fill vacancies shall be made in the same manner as original appointments, for the unexpired portion of the vacated term. Initial terms shall begin upon the effective date of this Act.

The membership of the Board should reasonably reflect representation from the geographic areas in this State. In making appointments to the Board, the Director shall give consideration to recommendations by national and State organizations of the shorthand reporter profession and shall promptly give notice to such organizations of any vacancy in the membership of the Board.

The Board shall present an annual report to the Director, the content of which shall be set forth by the rules of the Department.

The Director may terminate the appointment of any member for cause which in the opinion of the Director reasonably justified such termination.

The Director shall consider the recommendations of the board on questions involving standards of professional conduct, discipline and qualifications of candidates and certificate holders under this Act.

The Director may remove any member who fails to attend three consecutive meetings unless the member has a medical excuse.

Amended by P.A. 87-481, Section 1, effective September 13, 1991; P.A. 87-576, Section 3, effective September 17, 1991.

(415/9. Application for certificate - Proof of competency) Section 9. Applications for original certificates shall be made to the Department in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be returnable. Any such application shall require such information as in the judgment of the

Department will enable the Department to pass on the qualifications of the applicant for certification.

In determining competency, the Department shall require proof that the applicant has a good understanding of the English language, including reading, spelling and vocabulary, and that the applicant has sufficient ability to accurately report any of the matters comprising the practice of shorthand reporting as herein defined, by the use of any system of manual or mechanical shorthand or shorthand writing, and a clear understanding of obligations between a shorthand reporter and the parties to any proceedings reported, as well as the provisions of this Act.

(415/10. Examination of applicant - Failure or refusal to take examination) Section 10. The Department shall authorize examinations at least annually and at such time and place as it may designate. The examination shall be of a character to give a fair test of the qualifications of the applicant to practice shorthand reporting.

Applicants for examination as certified shorthand reporters shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee.

If an applicant neglects, fails or refuses to take the next available examination offered or fails to pass an examination for certificate under this Act, the application shall be denied. If an applicant for examination for certification under this Act fails to pass the examination within three years after filing his application, the application shall be denied. However, such applicant may thereafter make a new application accompanied by the required fee.

The Department may employ consultants for the purpose of preparing and conducting examinations.

An applicant has one year from the date of notification of successful completion of the examination to apply to the Department for a license. If an applicant fails to apply within one year, the applicant shall be required to take and pass the examination again unless licensed in another jurisdiction of the United States within one year of passing the examination.

Amended by P.A. 86-615, Section 8, effective September 1, 1989.

(415/11. Conditions of qualification) Section 11. A person shall be qualified for certification as a certified shorthand reporter if:

A. That person has applied in writing in form and substance to the Department; and

(1) (Blank);

(2) Is of good moral character, the determination of which shall take into account but not be totally based upon any felony conviction of the applicant; and

(3) Has graduated from a high school or secondary school or its equivalent; and

B. That person has successfully completed the examination authorized by the Department.

Amended by P.A. 89-387, Section 90, effective August 18, 1995.

(415/12. Necessity of certificate) Section 12. No person shall, after the effective date of this Act, begin to practice in this State or hold himself out as being able to practice shorthand reporting unless he is certified in accordance with the provisions of this Act.

(415/13. Prohibition of compensation for uncertified reporters) Section 13. No action or suit shall be instituted, nor recovery therein be had, in any court of this State by any person for compensation for any act done or service rendered, the doing or rendering of which is prohibited under the provision of this Act to other than certified shorthand reporters.

(415/14. Expiration of certificate - Renewal or restoration) Section 14. The expiration date and renewal period for each certificate issued under this Act shall be set by rule.

Any certified shorthand reporter who has permitted his certificate to expire or who has had his certificate on inactive status may have his certificate restored by making application to the Department, filing proof acceptable to the Department of his fitness to have his certificate restored and paying the required restoration fee. The Department may consider a certificate expired less than five years as prima facie evidence that the applicant is fit. If a certificate has expired or has been placed in inactive status and the applicant has practiced in another jurisdiction during such period, satisfactory proof of fitness may include sworn evidence certifying to active practice in another jurisdiction.

If the certified shorthand reporter has not maintained an active practice in another jurisdiction satisfactory to the Department, the Department shall determine, by an evaluation program established by rule, his fitness to resume active status and may require the certified shorthand reporter to successfully complete a practical examination.

However, any certified shorthand reporter whose certificate expired while he was (1) in Federal Service on active duty with the Armed Forces of the United States, or the State Militia called into service or training, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his certificate renewed or restored without paying any lapsed renewal fees if within two years after termination of such service, training or education except under conditions other than honorable, he furnished the Department with satisfactory evidence to the effect that he has been so engaged and that his service, training or education has been so terminated.

Amended by P.A. 84-427, Section 4, effective January 1, 1986.

(415/15. Inactive status - Restoration) Section 15. Any certified shorthand reporter who notifies the Department in writing on forms prescribed by the Department, may elect to place his certificate on an inactive status and shall, subject to rules of the Department, be excused from payment of renewal fees until he notifies the Department in writing of his desire to resume active status.

Any certified shorthand reporter requesting restoration from inactive status shall be required to pay the current renewal fee and shall be required to restore his certificate, as provided in Section 14.

Any certified shorthand reporter whose certificate is in an inactive status shall not practice shorthand reporting in the State of Illinois.

(415/16. Registration without examination - Applicant certified in another State) Section 16. The Department shall register as a certified shorthand reporter, without examination, on payment of the required fee, an applicant who is a certified shorthand reporter registered under the laws of another jurisdiction, if the requirements for certification of certified shorthand reporters in that jurisdiction were, at the date of his certification, substantially equivalent to the requirements in force in this State on that date.

Applicants have three years from the date of application to complete the application process. If the process has not been completed in three years, the application shall be denied, the fee forfeited and the applicant must reapply and meet the requirements in effect at the time of reapplication.

Amended by P.A. 87-481, Section 1, effective September 13, 1991; P.A. 87-576, Section 3, effective September 17, 1991.

(415/17. Fees - Returned checks - Expiration while in military) Section 17. Fees; returned checks; expiration while in military. The fee for the administration and enforcement of this Act, including but not limited to, original certification, renewal and restoration, shall be set by rule.

Any person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. If the check or other payment was for a renewal or issuance fee and that person practices without paying the renewal fee or issuance fee and the fine due, an additional fine of $100 shall be imposed. The fines imposed by this Section are in addition to any other discipline provided under this Act prohibiting unlicensed practice or practice on a nonrenewed license. The Department shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department shall automatically terminate the license or certificate or deny the application, without hearing. If, after termination or denial, the person seeks a license or certificate, he or she shall apply to the Department for restoration or issuance of the license or certificate and pay all fees and fines due to the Department. The Department may establish a fee

for the processing of an application for restoration of a license or certificate to pay all expenses of processing this application. The Director may waive the fines due under this Section in individual cases where the Director finds that the fines would be unreasonable or unnecessarily burdensome.

However, any person whose license has expired while he has been engaged (1) in federal or state service active duty, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his license renewed, reinstated or restored without paying any lapsed renewal and restoration fees, if within two years after termination of such discharge, he furnishes the Department with satisfactory proof that he has been so engaged and that his service, training or education has been so terminated.

Amended by P.A. 86-615, Section 8, effective September 1, 1989; P.A. 87-1031, Section 25, effective January 1, 1993.

(415/18. Roster of certificate holders) Section 18. The Department shall maintain a roster of the names and addresses of all certificate holders and of all persons whose certificates have been suspended, revoked or placed on inactive or nonrenewed status within the previous year. This roster shall be available upon written request and payment of the required fee.

(415/19. Advertisement of services) Section 19. Any person certified under this Act may advertise the availability of professional services in the public media or on the premises where such professional services are rendered as permitted by law, on the condition that such advertising is truthful and not misleading and is in conformity with rules promulgated by the Department.

(415/20. Professional corporations not prohibited) Section 20. Nothing in this Act shall restrict certificate holders from forming professional service corporations under the provisions of the Professional Service Corporation Act.

(415/21. Certificate holders under prior law - Status) Section 21. Any person who is the holder of an individual certificate as a certified shorthand reporter heretofore issued under any prior Act, registering certified shorthand reporters in this State and valid on the effective date of this Act, shall be deemed to be certified under this Act and shall be subject to the same rights and obligations as persons originally certified under this Act.

(415/22. Revocation or suspension of certificates - Prior proceedings) Section 22. No proceedings to revoke or suspend any license shall abate by reason of the passage of this Act. The Department may revoke or suspend a certificate on account of any act or circumstance occurring before this Act shall take effect, if such act or circumstance is a ground for revocation or suspension under the provisions of the law in effect at the time of such act or circumstance, and such act or circumstance if it occurred after this Act shall take effect would be a ground for revocation or suspension under Section 23 of this Act.

(415/23 Grounds for disciplinary action.) Section 23.

(a) The Department may refuse to issue or renew, or may revoke, suspend, place on probation, reprimand or take other disciplinary action as the Department may deem appropriate, including fines not to exceed $5,000 for each violation, with regard to any license for any one or combination of the following:

(1) Material misstatement in furnishing information to the Department;

(2) Violations of this Act, or of the rules promulgated thereunder;

(3) Conviction of any crime under the laws of the United States or any state or territory thereof which is a felony or which is a misdemeanor, an essential element of which is dishonesty, or of any crime which is directly related to the practice of shorthand reporting;

(4) Making any misrepresentation for the purpose of obtaining certification, or violating any provision of this Act or the rules promulgated thereunder pertaining to advertising;

(5) Having demonstrated unworthiness, or incompetency to act as a certified shorthand reporter in such manner as to safeguard the interest of the public;

(6) Aiding or assisting another person, firm, partnership or corporation in violating any provision of this Act or rules;

(7) Failing, within 60 days, to provide information in response to a written request made by the Department;

(8) Engaging in dishonorable, unethical or unprofessional conduct of a character likely to deceive, defraud or harm the public;

(9) Habitual intoxication or addiction to the use of drugs;

(10) Discipline by another state, the District of Columbia, a territory, or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth herein;

(11) Directly or indirectly giving to or receiving from any person, firm, corporation, partnership or association any fee, commission, rebate or other form of compensation for professional services not actually or personally rendered;

(12) A finding by the Board that the certificate holder, after having his certificate placed on probationary status, has violated the terms of probation;

(13) Willfully making or filing false records or reports in the practice of shorthand reporting, including but not limited to false records filed with State agencies or departments;

(14) Physical illness, including but not limited to, deterioration through the aging process, or loss of motor skill which results in the inability to practice the profession with reasonable judgment, skill or safety;

(15) Solicitation of professional services other than by permitted advertising;

(l6) Willful failure to take full and accurate stenographic notes of any proceeding;

(17) Willful alteration of any stenographic notes taken at any proceeding;

(18) Willful failure to accurately transcribe verbatim any stenographic notes taken at any proceeding;

(19) Willful alteration of a transcript of stenographic notes taken at any proceeding;

(20) Affixing one's signature to any transcript of his stenographic notes or certifying to its correctness unless the transcript has been prepared by him or under his immediate supervision;

(21) Willful failure to systematically retain stenographic notes or transcripts on paper or any electronic media for 5 years from the date that the notes or transcripts were taken or for 5 years from the end of litigation;

(22) Failure to deliver transcripts in a timely manner or in accordance with contractual agreements;

(23) Establishing contingent fees as a basis of compensation.

(b) The determination by a circuit court that a certificate holder is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code, operates as an automatic suspension. Such suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or judicial admission, an order by the court so finding and discharging the patient, and the recommendation of the Board to the Director that the certificate holder be allowed to resume his practice.

Amended by P.A. 87-481, Section 1, effective September 13, 1991; P.A. 87-576, Section 3, effective September 17, 1991; P.A. 91-0558, effective August 14, 1999.

(415/23.1. Violations of Act - Injunction - Petition for relief - Cease and desist order) Section 23.1. (a) If any person violates the provisions of this Act, the Director may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, petition for an order enjoining such violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in such court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and permanently enjoin such violation. If it is established that such person has violated or is violating the injunction, the court may punish the offender for contempt of court. Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.

(b) If any person shall practice as a certified shorthand reporter or hold himself out as a certified shorthand reporter, any interested party or any person injured thereby may, in addition to the Director, petition for relief as provided in subsection (a).

(c) Whenever in the opinion of the Department any person violates any provision of this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against him. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of seven days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued forthwith.

(415/23.2. Investigations - Notice) Section 23.2. Investigations; notice. The Department may investigate the actions of any applicant or of any person or persons holding or claiming to hold a certificate. The Department shall, before refusing to issue or renew, or taking disciplinary action against, a certificate, at least 30 days prior to the date set for the hearing, notify in writing the applicant for, or holder or, a certificate of the nature of the charges and that a hearing will be held on the date designated. The Department shall direct the applicant or licensee to file a written answer to the Board under oath within 20 days after the service of the notice and inform the applicant or licensee that failure to file an answer will result in default begin taken against the applicant or licensee and that the license or certificate may be suspended, revoked, placed on probationary status, or other disciplinary action may be taken, including limiting the scope, nature or extent of practice, as the director may deem proper. Written notice may be served by personal delivery or certified or registered mail to the respondent at the address of his last notification to the Department. In case the person fails to file an answer after receiving notice, his or her license or certificate may, in the discretion of the Department, be suspended, revoked, or placed on probationary status, or the Department may take whatever disciplinary action deemed proper, including limiting the scope, nature or extent of the person's practice or the imposition of a fine, without a hearing, if the act or acts charged constitute sufficient grounds for such action under this Act. At the time and place fixed in the notice, the Board shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present any statements, testimony, evidence and argument as may be pertinent to the charges or to their defense. The Board may continue a hearing from time to time.

Amended by P.A. 87-1031, Section 25, effective January 1, 1993.

(415.23.3. Record of proceedings involving refusal, revocation or suspension of certificate) Section 23.3. The Department, at its expense, shall preserve a record of all proceedings at the formal hearing of any case involving the refusal to issue or renew, or the taking of disciplinary action against, a certificate. 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 orders of the Department, shall be the record of such proceeding.

(415/23.4. Subpoena of witnesses and taking of testimony - Oaths) Section 23.4. The Department shall have the power to subpoena and bring before it any person in this State and to take testimony either orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure in civil cases in courts of this State.

The Director, the designated hearing officer, and every member of the Board shall have the power to administer oaths to witnesses at any hearing which the Department is authorized by law to conduct, and any other oaths required or authorized in any Act administered by the Department.

(415/23.5. Compelling attendance at hearing - Production of records) Section 23.5. Any circuit court may, upon application of the Department or its designee, or the applicant or certificate holder against whom proceedings under Section 23 are pending, enter an order requiring the attendance of witnesses and their testimony, and the production of document, papers, files, books and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt.

(415/23.6. Report of findings and recommendations of Board - Orders of director) Section 23.6. At the conclusion of the hearing the Board shall present to the Director a written report of its findings of fact, conclusions of law and recommendations. The report shall contain a finding whether or not the accused person violated this Act or failed to comply with the conditions required in this Act. The Board shall specify the nature of the violation or failure to comply, and shall make its recommendations to the Director. The report of findings of fact, conclusions of law and recommendations of the Board shall be the basis for the Department's action regarding a certificate. If the Director disagrees in any regard with the report of the Board, he may issue an order in contravention thereof. The Director shall provide to the Board a written explanation for any deviation and shall specify with particularity the reasons for such action in the final order. The finding is not admissible in evidence against the person in a criminal prosecution brought for the violation of this Act.

(415/23.7. Service of report of Board upon respondent - Motion for rehearing) Section 23.7. In any case involving the refusal to issue or renew, or the taking of disciplinary action against a certificate, a copy of the Board's report shall be served upon the respondent by the Department as provided in this Act for the service of the notice of hearing. Within 20 days after such service, the respondent may represent to the Department a motion in writing for a rehearing, which motion shall specify the particular grounds therefore. If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon such denial the Director may enter an order in accordance with recommendations of the Board, except as provided in Section 23.6. If the respondent shall order from the reporting service, and pay for a transcript of the record within the time for filing a motion for rehearing, the 20-day period within which such a motion may be filed shall commence upon the delivery of the transcript to the respondent.

(415/23.8. Rehearing - Grounds - Order) Section 23.8. Whenever the Director is satisfied that substantial justice has not been done in the revocation or suspension of, or the refusal to issue or renew a certificate, the Director may order a rehearing by the Board or a designated hearing officer.

(415/23.9. Hearing officer - Reports) Section 23.9. Notwithstanding the provisions of Section 23.2, the Director shall have the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any action involving a refusal to issue or renew, or the taking of disciplinary action against a

certificate. The Director shall notify the Board of such appointment. The hearing officer shall have full authority to conduct the hearing. The hearing officer shall report his findings of fact, conclusions of law and recommendations to the Board and the Director. The Board shall have 60 days from receipt of the report to review the report of the hearing officer and present their findings of fact, conclusions of law and recommendations to the Director. If the Board fails to present its report within the 60-day period, the Director shall issue an order based on the report of the hearing officer. If the Director disagrees in any regard with the report of the Board or hearing officer, he may issue an order in contravention thereof. The Director shall provide to the Board written explanation for any deviation, and shall specify with particularity the reasons for such action in the final order.

(415.23.10. Order of Director as prima facie evidence) Section 23.10. An order or a certified copy thereof, over the seal of the Department and purporting to be signed by the Director, shall be prima facie proof thereof:

(1) That the signature is the genuine signature of the Director;

(2) That the Director is duly appointed and qualified;

(3) That the Board and the members thereof are qualified to act.

(415/23.11. Restoration of certificate) Section 23.11. At any time after the suspension or revocation of any certificate, the Department may restore it to the accused person, upon the written recommendation of the Board, unless after an investigation and a hearing, the Department determines that restoration is not in the public interest.

(415/23.12. Surrender of suspended or revoked certificate) Section 23.12. Upon the revocation or suspension of any certificate, the certificate holder shall forthwith surrender the certificate or certificates to the Department. If the certificate holder fails to do so, the Department shall have the right to seize the certificate.

(415/23.13. Temporary suspension of certificate) Section 23.13. The Director may temporarily suspend the certificate of a certified shorthand reporter without a hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 23.2 of this Act, if the Director finds that evidence in his possession indicates that a certified shorthand reporter's continuation in practice would constitute an imminent danger to the public. In the event that the Director temporarily suspends the certificate of a certified shorthand reporter without a hearing, a hearing by the Board must be held within 30 days after such suspension has occurred.

(415/23.14. Review under Administrative Review Law) Section 23.14. All final administrative decisions of the Department are subject to judicial review pursuant to the provisions of the Administrative Review Law and all rules adopted pursuant thereto. The term "administrative decision" is defined in Section 3-101 of the Code of Civil Procedure.

Proceedings for judicial review shall be commenced in the circuit court of the county in which the party applying for review resides, except that if the party is not a resident of this State, the venue shall be Sangamon County.

(415/23.15. Certification - Receipt) Section 23.15. Certification; receipt. The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court in a judicial review proceeding, unless there is filed in the court, with the complaint, a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record. Failure on the part of the plaintiff to file a receipt in court shall be grounds for dismissal of the action.

Amended by P.A. 87-1031, Section 25, effective January 1, 1993.

(415/23.16. Violations of Act) Section 23.16. Any person who is found to have violated any provision of this Act is guilty of a Class A misdemeanor. On conviction of a second or subsequent offense the violator shall be guilty of a Class 4 felony.

(415/24. Administrative Procedure Act) Section 24. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act that provides that at hearings the certificate holder has the right to show compliance with all lawful requirements for retention, continuation or renewal of certification is specifically excluded. For the purpose of the Act the notice required under Section 10-25 of the Illinois Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party.

Amended by P.A. 88-45, Article III, Section 3-80.5, effective July 6, 1993.

(415/25. Exclusive state power or function) Section 25. It is declared to be the public policy of this State, pursuant to paragraphs (h) and (i) of Section 6 of Article VII of the Illinois Constitution of 1970, that any power or function set forth in this Act to be exercised by the State is an exclusive State power or function. Such power or function shall not be exercised concurrently, either directly or indirectly, by any unit of local government, including home rule units, except as otherwise provided in this Act.

(415/26. Information required on reported transcripts) Section 26. Every shorthand reporter shall print his or her name and license or restricted license number on each transcript reported.

Added by P.A. 87-481, Section 1, effective September 13, 1991 and P.A. 87-576, Section 3, effective September 17, 1991.

415/26.1 Responsibility for notes.) Section 26.1. It is the licensee’s responsibility to preserve his or her shorthand notes for a period of no less than 5 years from the end of litigation, except as otherwise prescribed by law, through storage of the original paper notes or an electronic copy of either the shorthand notes or the English transcript of the notes on computer disks, cassettes, backup tape systems, or optical or laser disk systems.

Added by P.A. 91-0558, effective August 14, 1999.

(415/27. Continuing education) Section 27. On a specified date determined by the Department and established in its rules and regulations, every person certified under this Act shall be required to complete 10 hours of continuing education over a two-year period in a manner as determined by the rules and regulations of the Department promulgated in consultation with the Board.

Persons employed as full-time court reporters under the Court Reporters Act may apply for a waiver from the continuing education requirements. The waiver shall be granted upon the submission of evidence satisfactory to the Department that the certified shorthand reporter is employed as a full-time court reporter under the Court Reporters Act.

Added by P.A. 87-481, Section 1, effective September 13, 1991 and P.A. 87-576, Section 3, effective September 17, 1991; amended by P.A. 88-475, Section 5, effective January 1, 1994.

(415/28. Payment for Services) Section 28. Payment for services. A person certified under this Act may hold an attorney, firm or any other entity personally responsible for payment of shorthand reporting services rendered at the request of that attorney, firm, or entity.

Added by P.A.90-294, effective August 1, 1997.

Repeal of Act

Section 4.14 of the Regulatory Agency Sunset Act, added by P.A. 87-481, and P.A. 87-576, provides for the repeal of the Illinois Certified Shorthand Reporters Act of 1984 (for provisions of repeal see 5 ILCS 80/4.14) unless, under 5 ILCS 80/4, the General Assembly enacts legislation providing for its continuation.

NOTE: SECTION 415/26 REQUIRES EVERY SHORTHAND REPORTER SHALL PRINT HIS OR HER NAME AND LICENSE OR RESTRICTED LICENSE NUMBER ON EACH TRANSCRIPT REPORTED.

OTHER LEGISLATION SPONSORED BY ILCRA AND PASSED BY BOTH HOUSES OF THE GENERAL ASSEMBLY AND SIGNED INTO LAW BY GOVERNOR JIM EDGAR.

HB-889 (PA 90-294)

Section 5. The Oaths and Affirmations Act is amended by changing Sections 1 and 2 as follows:

(5 ILCS 255/1 (from Ch. 101, par. 1)

Sec. 1 Oaths and Affirmations. All courts, and all judges and the clerk thereof, the county clerk, deputy county clerk, notaries public, and persons certified under the Illinois Certified Shorthand Reporters Act of 1984, have the power to administer oaths and affirmations to witnesses and others, concerning anything commenced or to be commenced, or pending before them respectively.

(5 ILCS 255/2) (from Ch. 101, par. 2)

Sec. 2 Affidavits and depositions. All courts and judges, and the clerks thereof, the county clerk, deputy county clerk, the Secretary of State, notaries public, and persons certified under the Illinois Certified Shorthand Reporters of 1984, may, in their respective districts, circuits, counties or jurisdictions, administer all oaths of office and all other oaths authorized or required of any officer or other person, and take affidavits and depositions concerning any matter or thing, process or proceeding commenced or to be commenced, or pending in any court or before them, or on any occasion wherein any affidavit or deposition is authorized or required by law to be taken.

The same functions may be performed by any commissioned officer in active service of the armed forces of the United States, within or without the United States. Oaths, affidavits or depositions taken by or affirmations made before such officers need not be authenticated nor attested by any seal nor shall any instruments executed or proceedings had before such officers be invalid because the place of the proceedings or of the execution is not stated.

RULES FOR THE

ADMINISTRATION OF THE

ILLINOIS CERTIFIED SHORTHAND REPORTERS ACT OF 1984

PART 1200

TITLE 68: PROFESSIONS AND OCCUPATIONS

CHAPTER VII: DEPARTMENT OF PROFESSIONAL REGULATION

SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS

PART 1200

ILLINOIS CERTIFIED SHORTHAND REPORTERS ACT OF 1984

CONTENTS

Section

1200.20 Application for Examination/Licensure

1200.30 Examinations

1200.35 Renewals

1200.40 Restoration

1200.45 Endorsement

1200.50 Fees for the Administration of the Act

1200.60 Annual Report of Board

1200.70 Conduct of Hearings

1200.75 Continuing Education

1200.80 Granting Variances

1200.90 Standards of Professional Conduct

AUTHORITY: Implementing the Illinois Certified Shorthand Reporters Act of 1984 [225 ILCS 415] and authorized by Section 60(7) of the Civil Administrative Code of Illinois [20 ILCS 2105/60(7)].

SOURCE: Adopted at 5 Ill. Reg. 7518, July 17, 1981; effective July 2, 1981; codified at 5 Ill. Reg. 11024; emergency amendment at 6 Ill. Reg. 916, effective January 6, 1982, for a maximum of 150 days; amended at 6 Ill. Reg. 7448, effective June 15, 1982; emergency amendments at 8 Ill. Reg. 672, effective January 1, 1984, for a maximum of 150 days; amended at 8 Ill Reg. 16443, effective August 29, 1984; amended at 11 Ill. Reg. 14073, effective August 5, 1987; recodified from Chapter I, 68 Ill. Adm. Code (Department of Registration and Education) to Chapter VII, 68 Ill. Adm. Code 1200 (Department of Professional Regulation) pursuant to P.A. 85-225, effective January 1, 1988, at 12 Ill. Reg. 2917; amended at 12 Ill. Reg. 16718, effective September 30, 1988; amended at 13 Ill. Reg. 18865, effective November 21, 1989; amended at 16 Ill. Reg. 3169, effective February 18, 1992; amended at 19 Ill. Reg. 940, effective January 17, 1995, amended at 23 Ill. Reg. 7102, effective June 4, 1999.

TITLE 68: PROFESSIONS AND OCCUPATIONS

CHAPTER VII: DEPARTMENT OF PROFESSIONAL REGULATION

SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS

PART 1200

ILLINOIS CERTIFIED SHORTHAND REPORTERS ACT OF 1984

Section 1200.20 Application for Examination/Licensure

a) An applicant for examination/licensure shall file an application on forms supplied by the Department of Professional Regulation (the Department) at least 60 days prior to an examination date. The application shall include:

1) Certification of graduation from high school or its equivalent;

2) Either:

A) An Affidavit of Ability, signed by an official of a shorthand reporter school, stating that the applicant has successfully completed a verbatim record of unfamiliar testimony dictated for five minutes at a minimum speed of 225 words per minute with at least 94% accuracy; or

B) Proof that the applicant possesses at least minimum competency skills to sit for the examination, as recommended by the Board and approved by the Department. In determining competency the Board shall review the applicant's education, training and/or experience (such as practicing with a restricted license in the court system pursuant to Section 6 of the Act or practice in another jurisdiction);

3) A complete work history since graduation from high school; and

4) The required application and examination fees as specified in Section 1200.50 of this Part.

b) An applicant who submits an official copy of a Registered Merit Reporter or a Registered Professional Reporter Certificate by examination issued by the National Court Reporters Association shall not be required to sit for the examination. The Department, upon recommendation of the Board, has determined that the examinations given by the National Court Reporters Association are equivalent to the examination set forth in Section 1200.30.

(Source: Amended at 19 Ill. Reg. 940, effective January 17, 1995)

Section 1200.30 Examinations

a) The Examination for certification as a certified shorthand reporter shall be administered by the Department or its designated testing service.

1) Written Knowledge Examination. The written examination is given to determine the applicant's competency and ability:

A) To understand the English language, including reading, spelling and the applicant's knowledge of day-to-day vocabulary, as well as medical, legal and technical vocabulary, without the use of a dictionary;

B) To accurately report any of the matters comprising the practice of shorthand reporting as defined in the Illinois Certified Shorthand Reporters Act of 1984 (225 ILCS 415) (the Act), by the use of any system of manual or mechanical shorthand or shorthand writing;

C) To clearly understand the obligations between a shorthand reporter and the parties to any proceedings reported; and

D) To understand the provisions of the Act.

2) Dictation Examination

A) This portion of the examination shall consist of the following parts:

i) General dictation at 200 words per minute for 5 minutes with an allowance of 50 errors. Definition: spoken words presented in court proceedings, depositions, arbitrations, speeches and hearings).

ii) Testimony, 2-voice, 225 words per minute for 5 minutes with an allowance of 57 errors.

B) Transcription. Upon completion of both parts of the Dictation Examination, the applicant shall transcribe both parts in double-space form.

C) The applicant shall be allowed an aggregate of three hours to complete all transcription. Those retake applicants required to transcribe only one part of the Dictation Examination shall be allowed one and one-half hours.

b) Grading of the Examination

1) The passing score on the Written Knowledge Examination set forth in subsection (a)(1) of this Section is 75% or better.

2) An applicant shall pass the Dictation Examination set forth in subsection (a)(2) of this Section if he/she successfully transcribes within the given time periods set forth in subsections (A) and (B) below:

A) 200 words per minute for 5 minutes with 50 errors or fewer on the general dictation part; and

B) 225 words per minute for 5 minutes with 57 errors or fewer on the 2-voice testimony.

3) In scoring the Dictation Examination, "Q" representing question and "A" representing answer, shall not be counted as words in the testimony portion; however, such signs must appear in proper order in the transcript.

4) Applicants who fail a portion of an examination will be required, on their second and third attempts, to retake only the portion or dictation part of the examination which they did not pass.

5) If an applicant must take any portion of the examination more than 3 times, the applicant shall take both portions of the examination, and retakes shall be in accordance with subsection (4) above.

c) Required Supplies for the Examination

1) Each applicant must supply his/her own bound dictionary, pens, pencils, stenographic machine, erasers, stenograph paper, and notebooks or note paper. The use of only one dictionary per person is permitted. Computers shall be supplied at the location of the examination.

2) Applicants shall not be permitted to use tape recorders or other electronic recording devices during the examination sessions.

3) Typing paper will be provided.

d) The provisions of this Section shall apply to applicants upon adoption without regard to where the applicant is in the application process.

e) An applicant for licensure who possesses an active Registered Professional Reporter certificate by examination or a Registered Merit Reporter certificate issued by the National Court Reporters Association shall not be required to sit for the examination. The Department, upon recommendation of the Board, has determined that the Registered Professional Reporter and Registered Merit Reporter examinations are equivalent to the examination administered by the Department.

(Source: Amended at 19 Ill. Reg. 940 effective January 17, 1995)

Section 1200.35 Renewals

a) Every certificate of registration issued under the Act shall expire on May 31 of each odd numbered year. The holder of a certificate of registration may renew such certificate during the month preceding the expiration date thereof by paying the required fee.

b) It is the responsibility of each registrant to notify the Department of any change of address. Failure to receive a renewal form from the Department shall not constitute an excuse for failure to pay the renewal fee.

(Source: Added at 6 Ill. Reg. 7448, effective June 15, 1982.)

Section 1200.40 Restoration

a) A person seeking restoration of a certificate after it has expired or has been placed on inactive status for more than five years shall file an application with the Department together with the required fees specified in Section 1200.50 of this Part. After May 31, 1997, in order to restore a license, a person shall submit proof of 10 hours of continuing education completed within two years before restoration in accordance with Section 1200.75 of this Part. The applicant shall also submit either:

1) Certification of current licensure from another jurisdiction completed by the appropriate board or licensure authority;

2) Affidavits from two members of the bench or bar attesting to the applicant's active practice of shorthand reporting in a state that does not require licensure for at least one year immediately prior to the date of application;

3) An affidavit attesting to military service as provided in Section 14 of the Act; or

4) Other proof acceptable to the Department of the applicant's fitness to have the certificate restored.

b) A registrant seeking restoration of a certificate that has expired for less than 5 years shall have the certificate restored upon payment of $10 plus all lapsed renewal fees required by Section 1200.50 of this Part. After May 31, 1997, in order to restore a

license, a person shall submit proof of 10 hours of continuing education completed within two years before restoration in accordance with Section 1200.75 of this Part.

c) When the accuracy of any submitted documentation or the relevance or sufficiency of the coursework or experience is questioned by the Department or the Board because of lack of information, discrepancies or conflicts in information given or a need for clarification, the person seeking restoration of a license shall be requested to:

1) Provide such information as may be necessary; and/or

2) Appear for an interview before the Board to explain such relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information. Upon the recommendation of the Board and approval of the Department, an applicant shall have the license restored.

(Source: Amended at 19 Ill. Reg. 940 effective January 17, 1995)

Section 1200.45 Endorsement

a) An applicant who is licensed under the laws of another jurisdiction shall file an application with the Department, together with a certification from the licensing authority of the jurisdiction stating:

1) The time during which the applicant was licensed in that jurisdiction;

2) Whether the file on the applicant contains any record of any disciplinary actions taken or pending;

3) A brief description of the examination taken and the grades received. The brief description shall include the speeds of dictation, the percentage of accuracy to pass and the contents of the written knowledge test.

4) A copy of the Act and Rules from the state of original licensure which were in effect at the time of licensure.

b) A complete work history since date of original licensure in another jurisdiction to present;

c) The applicant may be required to appear for an oral interview:

1) To clarify or explain information contained in the submitted documentation;

2) To determine substantial equivalence of the applicant's qualifications to the licensing requirements in this State.

(Source: Amended at 12 Ill. Reg. 16718, effective September 30, 1988)

Section 1200.50 Fees for the Administration of the Act

The following fees shall be paid to the Department for the administration of the Act and shall be nonrefundable.

a) Application Fees.

1) The fee for application and for a certificate as a certified shorthand reporter is $25. In addition, the applicants may be required to pay to the Department, or its designated testing service, a fee for the cost of providing the examination.

2) The fee to be paid for a certificate issued at the request of the Director of the Administrative Office of the Courts as set forth under Section 6 of the Act is $35.

3) The fee for application as a continuing education sponsor is $300. State agencies, State colleges and State universities in Illinois shall be exempt from this fee.

b) Renewal Fees.

1) The fee for the renewal of a certificate shall be calculated at the rate of $20 per year.

2) The fee for the renewal as a continuing education sponsor shall be calculated at the rate of $50 per year.

c) General Fees.

1) The fee for placing a certificate on inactive status is $20.

2) The fee for restoration of a certificate from inactive status is the current renewal fee.

3) The fee for restoration of a certificate from other than inactive status is $10 plus all lapsed renewal fees not to exceed $150.

4) The fee for certification of a licensee’s record is $20.

5) The fee for a wall certificate shall be the actual cost of producing such certificate.

6) The fee for the issuance of a duplicate certificate, for the issuance of a replacement certificate, or for the issuance of a license with a change of name or address other than during the renewal period is $20. No fee is required for name and address changes on Department records when no duplicate license is issued.

7) The fee for a roster of certificate holders is the cost of producing the roster. The cost of producing the roster shall be determined in accordance with the following formula: Total number of registrants in the list requested divided by 1000 multiplied by the Multiplier, plus Fixed Costs (such as personnel and handling) = Total Roster Cost.

(Source: Amended at 12 Ill. Reg. 16718, effective September 30, 1988)

Section 1200.60 Annual Report of Board

The board shall submit a written report on an annual basis to the Director in which it shall evaluate its own and the Department's performance, inform the Department of practice developments within the shorthand reporting profession, and provide recommendations for statutory or regulatory program changes.

(Source: Added at 8 Ill. Reg. 16443, effective August 29, 1984)

Section 1200.70 Conduct of Hearings

Any hearing conducted by the Department pursuant to Section 23.2 of the Act shall be conducted in accordance with the Department's Rules of Practice in Administrative Hearings (68 Ill. Adm. Code 110).

(Source: Added at 8 Ill. Reg. 16443, effective August 29, 1984)

Section 1200.75 Continuing Education

a) Continuing Education (CE) Requirements

1) Beginning with the May 31, 1997, renewal and every renewal thereafter, every registrant who applies for renewal of a certificate of registration as a certified shorthand reporter shall complete during the prerenewal period 10 hours of continuing education (CE) relevant to the practice of shorthand reporting.

2) A prerenewal period is the 24 months preceding May 31 of each odd-numbered year.

3) A CE hour means a minimum of 50 minutes of actual clock time spent by a registrant in actual attendance at and completion of an approved CE activity. After completion of an approved CE activity of the initial CE hour, credit may be given in one-half hour increments.

4) A renewal applicant shall not be required to comply with CE requirements for the first renewal of an Illinois certificate of registration.

5) Shorthand reporters registered in Illinois but residing and practicing in other states shall comply with the CE requirements set forth in this Section.

b) How to Acquire CE Credits

1) CE hours may be earned from:

A) Verified attendance at or participation in a program, activity or course through the National Court Reporters Association.

B) Verified attendance (e.g., certificate of attendance or certificate of completion) at or participation in a program, activity or course ("program") presented by a continuing education sponsor in subsection (c) below.

C) Verified attendance at a program that is of general information value to shorthand reporters but does not directly relate to the reporter's ability to produce an accurate and

timely transcript. A maximum of 5 hours of credit may be counted during a prerenewal period for such programs, which include:

i) Professionalism, including knowledge and application of standards of professional responsibility, impartiality, public relations, attire; and

(ii) Office procedures, record-keeping, health, including a reporter's approach to personal tax management, planning for retirement or hanging careers within reporting, maintaining the individual reporter's health and emotional adjustment, ability to listen, to concentrate, to communicate, to cope.

D) Verified personal preparation of educational presentations pertaining to the profession of court reporting and serving as an instructor, speaker or panel member at an approved course will be allowed as CE credit for actual presentation time, plus actual preparation time of up to 2 hours for each hour of presentation. Credits for preparation time shall not be allowed for repetitious presentations. No more than 5 hours of credit can be earned under this category in any one renewal period.

E) Writing articles pertaining to the profession of court reporting and published in a state or nationally recognized professional journal of court reporting or law. No more than 5 hours of credit can be earned under this category in any one renewal period. Credits will not be allowed for the same article published in more than one publication.

2) Courses completed that are a part of the curriculum of a university, college or other educational institution. One semester of course work is equivalent to 15 hours of CE and one quarter of course work is equivalent to 10 hours of CE.

c) CE Sponsors and Programs

1) Sponsor, as used in this Section, shall mean the following:

A) The National Court Reporters Association;

B) The Illinois Court Reporters Association or any state court reporters association whose course or program has been approved for CE credits under the guidelines of the National Court Reporters Association;

C) Any computer users group whose program or course has been approved for CE credits under the guidelines of the National Court Reporters Association;

D) A city, county, state or federal judicial body responsible for coordination and presentation of CE courses or programs for its employees;

E) A university or college course or adult education program that contributes directly to the Certified Shorthand Reporter's knowledge, ability or competence to perform his/her duties; and

F) Any other school, college or university, State agency, or any other person, firm or association that has been approved and authorized by the Department to coordinate and present CE courses and programs in conjunction with this Section.

2) Entities seeking approval as CE sponsors shall file an application, on forms supplied by the Department, along with the application fee set forth in Section 1200.50 of this Part. (State agencies, State colleges and State universities in Illinois shall be exempt from paying this fee.) Along with the application, the applicant shall submit a list of proposed programs including the description, location, date and time of the programs. The applicant shall certify on the application the following:

i) That all programs offered by the sponsor for CE credit will comply with the criteria in subsection (c)(3) below and all other criteria in this Section;

ii) That the sponsor will be responsible for verifying attendance at each program and provide a certificate of attendance as set forth in subsection (c)(10) below;

iii) That upon request by the Department, the sponsor will submit evidence (e.g., certificate of attendance or course materials) as is necessary to establish compliance with this Section. Evidence shall be required when the Department has reason to believe that there is not full compliance with this Part and that the information is necessary to ensure compliance.

iv) That each sponsor shall submit to the Department written notice of program offerings, including program offerings of subcontractors, 30 days prior to course dates. Notice shall include the description, location, date and time of the program to be offered;

B) A copy of a sample program with faculty, course materials and syllabi.

3) All programs shall:

A) Contribute to the advancement, extension and enhancement of the professional skills and knowledge of the individual registrant in the practice of shorthand reporting;

B) Include one or more of the following subjects directly related to the shorthand reporter's ability to produce accurate and timely transcripts:

i) English, including grammar, punctuation, general principles, spelling, vocabulary, etymology, usage, semantics, regional and minority dialects or colloquialisms, English history, transcript styles;

ii) Medical, including Greek and Latin derivatives, homonyms, abbreviations, surgical procedures, pharmacy, anatomy and physiology, specialized medical fields, (i.e., neurology, dentistry, radiology, gastroenterology), with emphasis on terminology and techniques or concepts likely to be encountered during litigation;

iii) Legal, including terminology, research techniques, presentations on the various subdivisions of law (i.e., criminal torts, domestic relations, corporate, admiralty, patent, environmental) and procedural law (i.e., depositions, trials, administrative proceedings) presentations by legal specialists or experts in the field, history of the American/world legal system;

iv) Technical subjects presented by experts with emphasis on terminology and concepts encountered by the shorthand reporter during litigation (i.e., accident reconstruction, chemistry, construction, geology, insurance, maritime, aerospace, products liability, industrial and environmental pollution);

v) Technology related to new developments in the field of reporting (i.e., computer technology, computer techniques, video, telecommunications, equipment maintenance);

vi) General litigation procedures as they relate to court, deposition and administrative proceedings (i.e., reporting depositions, court hearings, arbitrations, conventions and the court reporter's responsibility with regard to these proceedings, notary responsibilities, marking exhibits, reading back, going on and off the record, review of statutes, rules related to the reporter);

vii) Transcript preparation including indexing of witnesses, exhibits, formats, dictating, editing and scoping, reference libraries and research, techniques, proofreading; and

viii) Management, including financial, marketing personnel, equipment maintenance, time and stress management;

C) Be relevant to the needs of shorthand reporters and also to the reporting service needs of the users;

D) Be developed and presented by persons with education and/or experience in the subject matter of the program;

E) Specify for whom the program is primarily designed, the course objectives, course content and teaching methods to be used; and

F) Specify the number of CE hours that may be applied to fulfilling the Illinois CE requirements for renewal of the certification of registration.

4) Each CE program shall provide a mechanism for evaluation of the program by the participants. The evaluation may be completed on-site immediately following the program or an evaluation questionnaire may be distributed to participants to be completed and returned by mail. The sponsor and the instructor, together, shall review the evaluation outcome and revise subsequent programs accordingly.

5) An approved sponsor may subcontract with individuals and organizations to provide approved programs.

6) Continuing education credits may be awarded for home study courses and correspondence courses, provided they are courses administered by approved sponsors.

7) All programs given by approved sponsors shall be open to all registered shorthand reporters and not be limited to members of a single organization or group.

8) Continuing education credit hours used to satisfy the CE requirements of another jurisdiction may be applied to fulfill the CE requirements of the State of Illinois.

9) To maintain approval as a sponsor, each sponsor shall submit to the Department by May 31 of each odd-numbered year a renewal application, a $300 fee and a list of courses and programs offered within the last 24 months. The list shall include a brief description, location, date and time of each course given.

10) Certificate of Attendance. It shall be the responsibility of a sponsor to provide each participant in a program with a certificate of attendance or participation. The sponsor's certificate of attendance shall contain:

A) The name, address and certificate number of the sponsor;

B) The name and address of the participant;

C) A brief statement of the subject matter;

D) The number of hours attended in each program;

E) The date and place of the program; and

F) The signature of the sponsor.

11) The sponsor shall maintain attendance records for not less than 5 years.

12) The sponsor shall be responsible for assuring that no renewal applicant shall receive CE credit for time not actually spent attending the program.

13) Upon the failure of a sponsor to comply with any of the foregoing requirements, the Department after notice to the sponsor and hearing before and recommendation by the Board (see 68 Ill. Adm. Code 1110), shall thereafter refuse to accept for CE credit attendance at or participation in any of that sponsor's CE programs until such time as the Department receives assurances of compliance with this Section.

14) Notwithstanding any other provision of this Section, the Department or Board may evaluate any sponsor of any approved CE program at any time to ensure compliance with requirements of this Section.

d) Activities Not Qualifying for CE Credit

1) Certain activities that shall not be considered acceptable for continuing education credits include, but shall not be limited to, the following:

A) Attendance or participation at professional or association business meetings, conferences, general sessions, elections, policymaking sessions or program orientation;

B) Serving on committees;

C) Entertainment and recreation;

D) Tours, visiting exhibits;

E) Any function for which the registrant receives remuneration as part of his/her regular employment;

F) In-house training on office equipment; and

G) Courses with a main thrust of teaching nonverbal skills (i.e., golf, tennis, dancing, basket-weaving).

e) Certification of Compliance with CE Requirements

1) Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in subsections (a) and (b) above.

2) The Department shall conduct random audits to verify compliance with CE requirements.

3) The Department may require additional evidence (e.g., certificate of attendance). This additional evidence shall be required in the context of the Department's random audit. It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.

4) When there appears to be a lack of compliance with CE requirements, an applicant shall be notified in writing and may request an interview with the Board. At that time the Board may recommend that steps be taken to begin formal disciplinary proceedings as required by Section 10-65 of the Illinois Administrative Procedure Act (5 ILCS 100/10-65).

f) Continuing Education Earned in Other Jurisdictions.

1) If a registrant has earned CE hours offered in another state or territory not given by an approved sponsor for which the licensee will be claiming credit toward full compliance in Illinois, the applicant shall submit an individual program approval request form, along with a $25 processing fee, prior to participation in the program or 90 days prior to expiration of the license. The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(3) of this Section. Applicants may seek individual program approval prior to the participation in the program.

2) If a licensee fails to submit an out of state CE approval form within the required time frame, late approval may be obtained by submitting the approval request form with the $25 processing fee plus a $10 per hour late fee not to exceed $150. The Board shall review and recommend approval and disapproval of the program using the criteria set forth in subsection ©(3) of this Section.

g) Restoration of Nonrenewed or Inactive Certificate of Registration. Upon satisfactory evidence of compliance with CE requirements, the Department shall restore the certificate upon payment of the required fee as provided by Section 1200.50 of this Part.

h) Waiver of CE Requirements

1) Any renewal applicant seeking renewal of a certificate of registration without having fully complied with these CE requirements shall file with the Department a renewal application along with the required fee set forth in Section 1200.50 of this Part, a

statement setting forth the facts concerning non-compliance and request a waiver of the CE requirements on the basis of these facts. A request for waiver shall be made prior to the renewal date. If the Department, upon the written recommendation of the Board, finds from such affidavit or any other evidence submitted that extreme hardship has been shown for granting a waiver, the Department shall waive enforcement of CE requirements for the renewal period for which the applicant has applied.

A) Extreme hardship shall be determined on an individual basis by the Board and be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable prerenewal period because of:

i) Full-time service in the armed forces of the United States during a substantial part of the prerenewal period;

ii) An incapacitating illness documented by a statement from a currently licensed physician;

iii) A physical inability to travel to the sites of approved programs documented by a currently licensed physician;

iv) Being retired from practice and not performing any reporting services; or

v) Any other similar extenuating circumstances.

B) Persons employed as full-time court reporters under the Court Reporters Act (705 ILCS 70) may apply for a waiver from the continuing education requirements. The waiver shall be granted upon the submission of evidence satisfactory to the Department (i.e., statement from employer) that the certified shorthand reporter is employed as a full-time court reporter under the Court Reporters Act.

2) Any renewal applicant who, prior to the expiration date of the license, submits a request for a waiver, in whole or in part, pursuant to the provisions of this Section, shall be deemed to be in good standing until the final decision on the application is made by the Department.

(Source: Amended at 23 Ill. Reg. 7102, effective June 4, 1999)

Section 1200.80 Granting Variances

a) The Director may grant variances from these rules in individual cases where he finds that:

1) The provisions from which the variance is granted is not statutorily mandated;

2) No party will be injured by the granting of the variance; and

3) The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

b) The Director shall notify the Certified Shorthand Reporters Board of Examiners of the granting of such variance, and the reasons therefore, at the next meeting of the Board.

(Source: Section 1200.80 renumbered from Section 1200.50 at 8 Ill. Reg. 16443, effective August 29, 1984)

Section 1200.90 Standards of Professional Conduct

In order to establish and maintain a high standard of integrity in the practice of shorthand reporting, the following Standards of Professional Conduct shall be binding on every person holding a certificate of registration as a certified shorthand reporter.

a) A licensee shall be fair and impartial toward each participant in all aspects of reported proceedings.

b) A licensee should only accept an assignment if his/her level of competence will result in the preparation of an accurate transcript and will remove himself/herself from an assignment if he/she believes his/her abilities are inadequate, recommending or assigning another licensee only if such licensee has the competence required for such assignment.

c) A licensee, if requested, shall provide information regarding services to be rendered regarding administration of professional services to all parties. The licensee must strive to meet promised delivery dates whenever possible, make timely delivery of transcripts when no date is specified, and provide immediate notification of delays.

d) A licensee shall be alert to situations that are conflicts of interest or that may give the appearance of a conflict of interest. If a conflict arises , the licensee must disclose that conflict or potential conflict.

e) A licensee who becomes impaired and unable to function according to the standards of practice should immediately seek inactive status and refrain from practice. It is the licensee'’ responsibility to seek supervision and/or personal therapy for any problem that is interfering with the ability to perform professional services.

f) A licensee shall preserve the confidentiality and ensure the security of information, oral or written, entrusted to the licensee by any and all of the parties in a proceeding.

g) It is the licensee’s responsibility to preserve his/her shorthand notes for a period of no less than five years, except as otherwise prescribed by law, through storage of the original paper notes and/or an electronic copy of either the shorthand notes or the English transcript of the notes on computer disks, cassettes, backup tape systems, or optical or laser disk systems.

h) A licensee’s signature, license number and expiration date shall be affixed only to a transcript of his/her stenographic notes to certify to its correctness if the transcript has been prepared by him/her or under his/her direct supervision.

i) A licensee shall not permit the use of his/her name or firm’s name, nor shall a licensee be associated in business ventures with persons or firms that the licensee has reason to believe to be engaging in fraudulent or dishonest business practices.

j) A licensee having knowledge of any alleged violation of the Certified Shorthand Reporter Act shall cooperate with the Department or appropriate governmental agency, furnishing such information or assistance as may be required to conduct an investigation resulting from a complaint.

k) The licensee shall at all times be aware of and avoid not only the fact of, but the appearance of, impropriety, which may include, but is not limited to:

1) The establishment of contingent fees as a basis of compensation.

2) The giving or receiving of, directly or indirectly, any gift, incentive, reward or anything of value to anyone as a condition for the performance of professional services.

3) The offering to pay, either directly or indirectly, any commission or other consideration in order to secure professional assignments.

4) The entering into any financial relationship, written or oral, with counsel, parties in interest or their intermediaries that:

A) undermines the actual or perceived impartiality of the court reporter; or

B) does not provide or offer any party in interest comparable court reporting services in the same proceedings.

l) A licensee shall be truthful and accurate when making public statements or when advertising qualifications or services provided.

m) A licensee shall meet all mandated continuing education requirements and should keep abreast of current literature and technological advances and developments.

n) The Department hereby incorporates by reference "The Code of Ethics" of the National Court Reporters Association, 8224 Old Courthouse Road, Vienna, VA 22182, with no later amendments or editions.

(Source: Added at 23 Ill. Reg. 7102, effective June 4, 1999.)



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