NRS: CHAPTER 656 - CERTIFIED COURT REPORTERS; COURT REPORTING FIRMS

[Rev. 6/29/2024 4:53:20 PM--2023]

CHAPTER 656 - CERTIFIED COURT REPORTERS; COURT REPORTING FIRMS

GENERAL PROVISIONS

NRS 656.010 Short title.

NRS 656.020 Legislative declaration.

NRS 656.030 Definitions.

CERTIFIED COURT REPORTERS’ BOARD OF NEVADA

NRS 656.040 Creation.

NRS 656.050 Appointment and qualifications of members.

NRS 656.070 Salary of members; per diem allowance and travel expenses of members and employees; payment of expenses.

NRS 656.080 Officers; meetings; quorum.

NRS 656.100 Records of Board; report to Governor.

NRS 656.105 Confidentiality of certain records of Board; exceptions.

NRS 656.110 Duty to administer chapter; power to appoint committees and employ Executive Secretary and other persons; expenditures.

NRS 656.120 Seal of Board; collection of fees.

NRS 656.125 Deposit and use of money received by Board.

NRS 656.130 Issuance of subpoenas; adoption of regulations.

NRS 656.140 Authority of Board to aid profession.

CERTIFICATES; LICENSES; FEES

NRS 656.145 Court reporters: Unlawful to practice without certificate.

NRS 656.150 Court reporters: Application for certificate; passage of examination and payment of fee required for issuance.

NRS 656.155 Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Board. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 656.155 Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings and expires by limitation 2 years after that date.]

NRS 656.160 Court reporters: Examination of applicant.

NRS 656.170 Court reporters: Frequency and location of examination; documentary evidence of qualifications required for admission to examination.

NRS 656.180 Court reporters: Qualifications of applicant.

NRS 656.185 Court reporting firm: Unlawful to practice without license; application.

NRS 656.186 Court reporting firm: Qualifications and appointment of designated representative; regulations.

NRS 656.187 Court reporting firm: Expiration and renewal of license; continuing education or training; reinstatement of expired license; regulations.

NRS 656.200 Court reporters: Renewal of certificate; continuing education or training; suspension of certificate for failure to submit information or renewal fee; reinstatement or renewal of suspended certificate; regulations.

NRS 656.205 Continuing education programs developed and conducted by Board; reasonable fee; Board prohibited from refusing to renew or restore certificate or license for failure to attend program developed and conducted by Board.

NRS 656.220 Fees; regulations.

DISCIPLINARY AND OTHER ACTIONS

NRS 656.240 Grounds for denial, suspension or revocation of certificate or license: False representation; contempt of court; conviction of certain crimes.

NRS 656.250 Grounds for denial, suspension or revocation of certificate or license: Additional grounds.

NRS 656.253 Denial, suspension or revocation of certificate or license.

NRS 656.255 Suspension of license or certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or certificate. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 656.257 Probation; administrative fine.

NRS 656.260 Licensee or certified court reporter required to notify Board of change of name or address; court reporting firm required to report certain changes to Board; penalty.

NRS 656.270 Suspension of license or certificate for mental illness; conditions for resumption of business or practice.

NRS 656.280 Investigations; procedure upon refusal to issue certificate or license.

NRS 656.290 Subpoenas; witnesses; restoration of suspended license or certificate; reinstatement of revoked license or certificate.

NRS 656.300 Practice without certificate and conducting business without license prohibited; penalties.

MISCELLANEOUS PROVISIONS

NRS 656.310 Court reporters: Use of certain designation and abbreviation; inclusion of certificate number on transcripts and business cards.

NRS 656.315 Court reporters: Authority to administer oaths and affirmations without appointment as notary public.

NRS 656.320 Court reporters: Current certificate required for appointment as official reporter of any court in State.

NRS 656.330 Act or service authorized by chapter prerequisite to action for compensation for services.

NRS 656.335 Court reporter required to retain certain notes for 8 years.

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 656.345 Alteration of transcript after certification prohibited; exceptions.

NRS 656.350 Criminal penalty.

NRS 656.360 Administrative fine; hearing.

NRS 656.370 Injunctive relief.

_________

GENERAL PROVISIONS

NRS 656.010 Short title. This chapter is known and may be cited as the Nevada Certified Court Reporters’ and Licensed Court Reporting Firms’ Law.

(Added to NRS by 1973, 1314; A 1993, 1404; 2017, 2215)

NRS 656.020 Legislative declaration.

1. It is hereby declared to be the policy of the Legislature to:

(a) Encourage proficiency in the practice of court reporting as a profession;

(b) Promote efficiency in court and general reporting; and

(c) Extend to the courts and public the protection afforded by a standardized profession by establishing a standard of competency for those engaged in it.

2. The practice of court reporting in the State of Nevada is declared to affect the public health, safety and welfare and is subject to regulation and control in the public interest.

(Added to NRS by 1973, 1315; A 1993, 1404)

NRS 656.030 Definitions. As used in this chapter, unless the context otherwise requires:

1. “Board” means the Certified Court Reporters’ Board of Nevada.

2. “Business entity” means any form of business organization, including, without limitation, a corporation, partnership, sole proprietorship, limited-liability company or limited-liability partnership. The term does not include a natural person or governmental entity.

3. “Certificate” means a certified court reporter’s certificate issued under the provisions of this chapter.

4. “Certified court reporter” means a natural person who is technically qualified and registered under this chapter to practice court reporting.

5. “Court reporting firm” means a business entity that, for compensation, provides or arranges for the services of a certified court reporter or provides referral services for certified court reporters in this State.

6. “Designated representative of a court reporting firm” means the natural person designated to act as the representative of a court reporting firm pursuant to NRS 656.186.

7. “Distance education program” means a program that offers instruction which is delivered by the Internet in such a manner that the natural person supervising or providing the instruction and the natural person receiving the instruction are separated geographically for a majority of the time during which the instruction is delivered.

8. “License” means a license issued under the provisions of this chapter to conduct business as a court reporting firm.

9. “Licensee” means a business entity to which a license has been issued.

10. “Practice of court reporting” means reporting, in this State, by the use of voice writing or any system of manual or mechanical shorthand writing:

(a) Grand jury proceedings;

(b) Court proceedings, with the exception of proceedings before a federal court;

(d) Proceedings of any agency if the final decision of the agency with reference thereto is subject to judicial review.

11. “Stenographic notes” means:

(a) The original manually or mechanically produced notes in shorthand or shorthand writing taken by a certified court reporter while in attendance at a proceeding to report the proceeding; or

(b) The record produced by the use of voice writing by a certified court reporter while in attendance at a proceeding.

12. “Voice writing” means the making of a verbatim record of a proceeding by repeating the words of the speaker into a device that is capable of:

(a) Digitally translating the words into text; or

(b) Making a tape or digital recording of those words.

Ê The term includes, without limitation, stenomasking, verbatim reporting and other similar titles.

(Added to NRS by 1973, 1315; A 1993, 1404; 2001, 1008; 2005, 191; 2007, 1034; 2009, 156; 2011, 217; 2017, 2215)

CERTIFIED COURT REPORTERS’ BOARD OF NEVADA

NRS 656.040 Creation. The Certified Court Reporters’ Board of Nevada, consisting of five members, is hereby created.

(Added to NRS by 1973, 1315; A 1993, 1405; 2007, 17)

NRS 656.050 Appointment and qualifications of members. The members of the Board must be appointed by the Governor as follows:

1. One member of the Board must be an active member of the State Bar of Nevada.

2. Three members of the Board must be holders of certificates and must have been actively engaged as certified court reporters within this State for at least 5 years immediately preceding their appointment.

3. One member of the Board must be a representative of the general public. This member must not be:

(a) A certified court reporter; or

(b) The spouse or the parent or child, by blood, marriage or adoption, of a certified court reporter.

(Added to NRS by 1973, 1315; A 1993, 1405; 2007, 17; 2017, 2216)

NRS 656.070 Salary of members; per diem allowance and travel expenses of members and employees; payment of expenses.

1. Each member of the Board is entitled to receive:

(a) A salary of not more than $150 per day, as fixed by the Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.

2. While engaged in the business of the Board, each employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

3. The expenses of the members and employees of the Board and the expenses of the Board must be paid from the fees collected pursuant to the provisions of this chapter, and the expenses must not exceed the amount so collected.

(Added to NRS by 1973, 1315; A 1985, 446, 1882; 1989, 1707; 2007, 2959)

NRS 656.080 Officers; meetings; quorum.

1. Annually the Board shall designate a Chair and a Vice Chair from its membership.

2. The Board shall hold such meetings as may be necessary for the purpose of transacting its business.

3. Three members of the Board constitute a quorum to transact all business, and a majority of those present must concur on any decision.

(Added to NRS by 1973, 1316; A 2007, 18)

NRS 656.100 Records of Board; report to Governor.

1. The Board shall keep a full and accurate record of its official actions and all proceedings, and of all resolutions, regulations and orders issued or adopted.

2. Except as otherwise provided by law, the records of the Board shall be open to inspection by the public.

3. The Board shall, on or before December 1 of each year, submit to the Governor a full and true report of its transactions during the preceding year. The report shall include a complete statement of the receipts and expenditures of the Board during the period.

(Added to NRS by 1973, 1316)

NRS 656.105 Confidentiality of certain records of Board; exceptions.

1. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a natural person or business entity are confidential, unless the natural person or business entity submits a written statement to the Board requesting that such documents and information be made public records.

2. The charging documents filed with the Board to initiate disciplinary action pursuant to chapter 622A of NRS and all documents and information considered by the Board when determining whether to impose discipline are public records.

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

4. The provisions of this section do not prohibit the Board from communicating or cooperating with or providing any documents or other information to any other licensing board or any other agency that is investigating a natural person or business entity, including, without limitation, a law enforcement agency.

(Added to NRS by 2003, 3477; A 2005, 806; 2007, 2151; 2017, 2216)

NRS 656.110 Duty to administer chapter; power to appoint committees and employ Executive Secretary and other persons; expenditures.

1. The Board shall administer the provisions of this chapter.

2. The Board may appoint such committees as it considers necessary or proper, and may employ, prescribe the duties of and fix the salary of an Executive Secretary who may be employed on a part-time or full-time basis, and may also employ such other persons as may be necessary.

3. All expenditures described in this section must be paid from the fees collected under this chapter.

(Added to NRS by 1973, 1316; A 2003, 439)

NRS 656.120 Seal of Board; collection of fees. The Board shall:

1. Adopt a seal which must be affixed to all licenses and certificates issued by the Board.

2. Charge and collect from all applicants for licenses and certificates the fees provided for in this chapter.

3. Charge and collect from all persons renewing licenses and certificates the renewal fees provided for in this chapter.

(Added to NRS by 1973, 1316; A 2001, 1009)

NRS 656.125 Deposit and use of money received by Board. All money coming into the possession of the Board must be kept or deposited by the Executive Secretary of the Board in banks, credit unions or savings and loan institutions in the State of Nevada to be expended for payment of compensation and expenses of Board members and for other necessary or proper purposes in the administration of this chapter.

(Added to NRS by 1973, 1318; A 1975, 182; 1999, 1542)

NRS 656.130 Issuance of subpoenas; adoption of regulations.

1. The Board may issue subpoenas for the attendance of witnesses and the production of relevant books and papers.

2. The Board may adopt such regulations as are necessary to carry out the provisions of this chapter.

(Added to NRS by 1973, 1316; A 1981, 103; 2001, 1009; 2003, 439)

NRS 656.140 Authority of Board to aid profession. The Board may aid in all matters pertaining to the advancement of the practice of court reporting, including but not limited to all matters that may advance the professional interests of certified court reporters and licensees and such matters as concern their relations with the public.

(Added to NRS by 1973, 1316; A 1993, 1405; 2017, 2216)

CERTIFICATES; LICENSES; FEES

NRS 656.145 Court reporters: Unlawful to practice without certificate. It is unlawful for any natural person to practice court reporting or to advertise or use any identifying term that may indicate to the public that the natural person is entitled to practice as a court reporter unless the natural person holds a certificate of registration as a certified court reporter issued by the Board.

(Added to NRS by 1973, 1316; A 1985, 1886; 1993, 1409; 2005, 196; 2017, 2216)

NRS 656.150 Court reporters: Application for certificate; passage of examination and payment of fee required for issuance.

1. Each applicant for a certificate must file an application with the Executive Secretary of the Board at least 30 days before the date fixed for examination. The application must be accompanied by the required fee and all information required to complete the application.

2. No certificate may be issued until the applicant has:

(a) Passed the examination prescribed by the Board;

(b) Passed one of the examinations described in paragraph (b) of subsection 2 of NRS 656.170; and

(Added to NRS by 1973, 1318; A 1985, 1882; 1997, 2185; 2003, 440; 2005, 2801, 2807; 2017, 2217)

1. In addition to any other requirements set forth in this chapter:

(a) An applicant for the issuance of a license or certificate shall include the social security number of the applicant in the application submitted to the Board.

(b) An applicant for the issuance or renewal of a license or certificate shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Board shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license or certificate; or

(b) A separate form prescribed by the Board.

3. A license or certificate may not be issued or renewed by the Board if the applicant:

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

(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2185; A 2001, 1009; 2005, 2802, 2807, 2811)

1. In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license or certificate shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The Board shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the license or certificate; or

(b) A separate form prescribed by the Board.

3. A license or certificate may not be issued or renewed by the Board if the applicant:

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

(Added to NRS by 1997, 2185; A 2001, 1009; 2005, 2802, 2807, 2811, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

NRS 656.160 Court reporters: Examination of applicant.

1. Every person who files an application for an original certificate must personally appear before the Board for an examination and the answering of such questions as may be prepared by the Board to enable it to determine the trustworthiness of the applicant and his or her competency to engage in the practice of court reporting in such a manner as to safeguard the interests of the public.

2. In determining competency, the Board shall administer an examination to determine whether the applicant has:

(a) A good understanding of the English language, including reading, spelling, vocabulary, and medical and legal terminology; and

(b) A clear understanding of the obligations owed by a court reporter to the parties in any reported proceedings and the obligations created by the provisions of this chapter and any regulation adopted pursuant to this chapter.

(Added to NRS by 1973, 1317; A 1985, 1882; 1993, 1405; 2003, 440; 2005, 192; 2017, 2217)

NRS 656.170 Court reporters: Frequency and location of examination; documentary evidence of qualifications required for admission to examination.

1. Examinations must be held not less than twice a year at such times and places as the Board may designate.

2. No natural person may be admitted to the examination unless the natural person first applies to the Board as required by NRS 656.150. The application must include, without limitation, satisfactory evidence to the Board that the applicant has, at the time of filing his or her application:

(a) Satisfied the requirements set forth in subsections 1 to 4, inclusive, of NRS 656.180;

(b) Received a passing grade on:

(1) The National Court Reporters Association’s examination for registered professional reporters; or

(2) The National Verbatim Reporters Association’s examination for certified verbatim reporters;

(1) A certificate as a registered professional reporter issued to the applicant by the National Court Reporters Association;

(2) A certificate as a registered merit reporter issued to the applicant by the National Court Reporters Association;

(3) A certificate as a certified verbatim reporter issued to the applicant by the National Verbatim Reporters Association; or

(4) A valid certificate or license to practice court reporting issued to the applicant by another state if the requirements for certification or licensure in that state are substantially equivalent to the requirements of this State for obtaining a certificate;

(d) Either:

(1) At least 1 year of continuous experience within the 5 years immediately preceding the application, in the practice of court reporting or producing verbatim records of meetings and conferences by the use of voice writing or any system of manual or mechanical shorthand writing and transcribing those records; or

(2) Obtained in the 12 months immediately preceding the application, a certificate of satisfactory completion of a prescribed course of study from a court reporting program that, as determined by the Board, evidences a proficiency substantially equivalent to subparagraph (1); and

(e) Paid the fee for filing an application for an examination set forth in NRS 656.220.

3. As used in this section, “practice of court reporting” includes reporting by use of voice writing or any system of manual or mechanical shorthand writing, regardless of the state in which the reporting took place.

(Added to NRS by 1973, 1317; A 1985, 1883; 1993, 1405; 2007, 18, 1034; 2009, 157; 2011, 218; 2017, 2217; 2019, 4333)

NRS 656.180 Court reporters: Qualifications of applicant. An applicant for a certificate of registration as a certified court reporter is entitled to a certificate if the applicant:

1. Is at least 18 years of age;

2. Is of good moral character;

3. Has not been convicted of a felony relating to the practice of court reporting;

4. Has a high school education or its equivalent;

5. Satisfactorily passes:

(a) An examination administered by the Board pursuant to NRS 656.160; and

(b) One of the examinations described in paragraph (b) of subsection 2 of NRS 656.170;

6. Pays the requisite fees; and

7. Submits all information required to complete an application for a certificate of registration.

(Added to NRS by 1973, 1317; A 1975, 66; 1977, 1568; 1993, 1406; 1997, 2186; 2005, 192, 2803, 2807; 2017, 2218; 2019, 4334)

NRS 656.185 Court reporting firm: Unlawful to practice without license; application.

1. It is unlawful for any business entity to conduct business as a court reporting firm or to advertise or use any identifying term that may indicate to members of the public that the business entity is entitled to conduct such a business without first obtaining a license from the Board.

2. Each applicant for a license as a court reporting firm must file an application with the Executive Secretary of the Board on a form prescribed by the Board.

3. The application must:

(a) Include the federal identification number of the applicant;

(b) Include the name of the natural person who will be appointed as the designated representative of the court reporting firm and such other identifying information about that natural person as required by the Board;

(d) Include all information required to complete the application.

4. To obtain a license pursuant to this section, an applicant need not hold a certificate of registration as a certified court reporter.

(Added to NRS by 2001, 1007; A 2001, 1013; 2003, 440; 2005, 192, 193, 2803; 2017, 2219)

NRS 656.186 Court reporting firm: Qualifications and appointment of designated representative; regulations.

1. Each court reporting firm shall appoint one natural person affiliated with the court reporting firm to act as the designated representative for the firm. The natural person so appointed must:

(a) Hold a certificate; or

(b) Pass an examination administered by the Board pursuant to subsection 2.

2. The Board shall administer an examination to determine whether a designated representative of a court reporting firm understands:

(a) The ethics and professionalism required for the practice of court reporting; and

(b) The obligations owed by a certified court reporter to the parties in any reported proceedings and the obligations created by the provisions of this chapter and any regulation adopted thereto.

3. The Board may adopt regulations to carry out the provisions of this section and to establish additional subject areas to be included in the examination administered by the Board pursuant to this section.

(Added to NRS by 2005, 191; A 2017, 2219)

NRS 656.187 Court reporting firm: Expiration and renewal of license; continuing education or training; reinstatement of expired license; regulations.

1. A license as a court reporting firm expires on June 30 of each year and may be renewed if, before that date, the licensee submits to the Board:

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

(b) If the designated representative of a court reporting firm does not hold a certificate, evidence that the designated representative of the court reporting firm has completed the requirements for continuing education established by the Board;

(d) All information required to complete the renewal.

2. The Board shall adopt regulations requiring a designated representative of a court reporting firm who does not hold a certificate to participate in continuing education or training as a condition to the renewal or reinstatement of a license of a licensee. If a designated representative of a court reporting firm fails to comply with such requirements, the Board may suspend or revoke the license of the licensee.

3. A license that expires pursuant to the provisions of this section may be reinstated if the applicant:

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

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

(Added to NRS by 2001, 1008; A 2001, 1013; 2005, 193, 2803)

1. To renew a certificate of registration a certified court reporter must:

(a) Apply to the Board for renewal;

(b) Pay the annual renewal fee prescribed by the Board;

(c) Submit evidence to the Board of completion of the requirements for continuing education established by the Board; and

(d) Submit all information required to complete the renewal.

2. The Board shall adopt regulations requiring certified court reporters to participate in continuing education or training as a prerequisite to the renewal or restoration of a certificate. If a certified court reporter fails to comply with the requirements, the Board may suspend or revoke his or her certificate.

3. The failure of any certified court reporter to submit all information required to complete the renewal or pay in advance the annual renewal fee which may be fixed by the Board as necessary to defray the expense of administering the provisions of this chapter results in the suspension of the reporter’s right to engage in the practice of court reporting. The suspension must not be terminated until all required information has been submitted and all delinquent fees have been paid.

4. A certified court reporter whose certificate of registration has been suspended because of failure to submit all required information or pay the renewal fee:

(a) May within 2 years thereafter have the certificate reinstated without examination upon submission of all required information and payment of the fees set forth in paragraph (e) of subsection 1 of NRS 656.220.

(b) While he or she was on active military duty or in training before induction, may have the certificate renewed without payment of any fee if he or she files an application for renewal, an affidavit of such service with the Board within 2 years after the termination of the service and all information required to complete the renewal.

(Added to NRS by 1973, 1318; A 1985, 1883; 1993, 1406, 1413; 1995, 570; 1997, 2186; 2001, 1009; 2005, 2804, 2807; 2017, 2220)

1. The Board may:

(a) Develop and conduct programs of continuing education relating to the practice of court reporting.

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

2. The Board shall not refuse to renew or restore the:

(a) Certificate of a certified court reporter who does not attend such a program but who otherwise complies with the requirements for continuing education prescribed by the Board; or

(b) License of a licensee whose designated representative does not attend such a program but who otherwise complies with the requirements for continuing education prescribed by the Board.

(Added to NRS by 2001, 1008; A 2017, 2220)

NRS 656.220 Fees; regulations.

1. The fees required by this chapter are fixed by the following schedule:

(a) The fee for filing an application for an examination must be fixed by the Board annually at not more than $250 and not less than $90.

(b) The fee for the original issuance of a certificate must be fixed by the Board annually at not more than $250 and not less than $150.

(c) For a certificate issued after July 1, 1973, the fee is an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, except that if the certificate will expire less than 1 year after its issuance, then the fee is 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued. The Board may by regulation provide for the waiver or refund of the initial certificate fee if the certificate is issued less than 45 days before the date on which it will expire.

(d) The annual renewal fee for a certificate must be fixed by the Board annually at not more than $250 and not less than $150. Every holder of a certificate desiring renewal must pay the annual renewal fee to the Board on or before May 15 of each year.

(e) For the renewal of a certificate which was suspended for failure to renew, the fee is an amount equal to all unpaid renewal fees accrued plus a reinstatement fee that must be fixed by the Board annually at not more than $125 and not less than $75.

(f) The fee for the original issuance of a license as a court reporting firm is $250.

(g) The fee for the annual renewal of a license as a court reporting firm is $175.

(h) The fee for the reinstatement of a license as a court reporting firm is $175.

2. In addition to the fees set forth in subsection 1, the Board may charge and collect a fee for the expedited processing of a request or for any other incidental service it provides. The fee must not exceed the cost incurred by the Board to provide the service.

(Added to NRS by 1973, 1318; A 1985, 1884; 1993, 1406; 2001, 1010; 2005, 194; 2007, 2960)

DISCIPLINARY AND OTHER ACTIONS

NRS 656.240 Grounds for denial, suspension or revocation of certificate or license: False representation; contempt of court; conviction of certain crimes. The Board may refuse to issue or to renew or may suspend or revoke any certificate or license for any one or a combination of the following causes:

1. If the applicant, certified court reporter or licensee has by false representation obtained or sought to obtain a certificate or license for himself, herself or itself or any other natural person or business entity.

2. If the applicant, certified court reporter or designated representative of a court reporting firm has been found in contempt of court, arising out of the conduct of the applicant, court reporter or designated representative in performing or attempting to perform any act as a certified court reporter.

3. If the applicant, certified court reporter or designated representative of a court reporting firm has been convicted of a crime related to the qualifications, functions and responsibilities of a certified court reporter or licensee.

4. If the applicant, certified court reporter or designated representative of a court reporting firm has been convicted of any offense involving moral turpitude.

Ê The judgment of conviction or a certified copy of the judgment is conclusive evidence of conviction of an offense.

(Added to NRS by 1973, 1319; A 1985, 1884; 1993, 1407; 2003, 2732; 2009, 158; 2017, 2220)

NRS 656.250 Grounds for denial, suspension or revocation of certificate or license: Additional grounds. The Board may refuse to issue or renew or may suspend or revoke any certificate or license if the certified court reporter, including a designated representative of a court reporting firm if he or she holds a certificate, in performing or attempting to perform or pretending to perform any act as a certified court reporter has:

1. Willfully failed to take full and accurate stenographic notes of any proceedings;

2. Willfully altered any stenographic notes taken at any proceedings;

3. Willfully failed accurately to transcribe verbatim any stenographic notes taken at any proceedings;

4. Willfully altered a transcript of stenographic notes taken at any proceedings;

5. Affixed his or her signature to any transcript of his or her stenographic notes or certified to the correctness of such a transcript unless the transcript was prepared by the certified court reporter or was prepared under the certified court reporter’s immediate supervision;

6. Demonstrated unworthiness or incompetency to act as a certified court reporter in such a manner as to safeguard the interests of the public;

7. Professionally associated with or loaned his or her name to another for the illegal practice by another of court reporting, or professionally associated with any natural person or business entity holding itself out in any manner contrary to the provisions of this chapter;

8. Habitually been intemperate in the use of intoxicating liquor or controlled substances;

9. Except as otherwise provided in subsection 10, willfully violated any of the provisions of this chapter or the regulations adopted by the Board to enforce this chapter;

10. Violated any regulation adopted by the Board relating to:

(a) Unprofessional conduct;

(b) Agreements for the provision of ongoing services as a certified court reporter or ongoing services which relate to the practice of court reporting;

(d) The performance of the practice of court reporting in a uniform, fair and impartial manner and avoiding the appearance of impropriety;

11. Failed within a reasonable time to provide information requested by the Board as the result of a formal or informal complaint to the Board, which would indicate a violation of this chapter; or

12. Failed without excuse to transcribe stenographic notes of a proceeding and file or deliver to an ordering party a transcript of the stenographic notes:

(a) Within the time required by law or agreed to by verbal or written contract;

(b) Within a reasonable time required for filing the transcript; or

(Added to NRS by 1973, 1319; A 1985, 1884; 1987, 1574; 1993, 1407; 2003, 440; 2005, 194; 2009, 158; 2017, 2221)

NRS 656.253 Denial, suspension or revocation of certificate or license. The Board may refuse to issue or renew or may suspend or revoke a certificate or license if, after notice and a hearing as required by law, the Board determines that the certified court reporter or licensee has committed any of the acts set forth in NRS 656.240 or 656.250.

(Added to NRS by 2001, 1008; A 2005, 806; 2009, 159; 2017, 2222)

1. If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a natural person who is the holder of a license or certificate issued pursuant to this chapter, the Board shall deem the license or certificate issued to that natural person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Board receives a letter issued to the holder of the license or certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Board shall reinstate a license or certificate issued pursuant to this chapter that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the natural person whose license or certificate was suspended stating that the natural person whose license or certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2185; A 2001, 1011; 2005, 2807, 2811; 2017, 2222)

NRS 656.257 Probation; administrative fine. In addition to or in lieu of suspending, revoking or refusing to issue or renew the certificate of a certified court reporter or the license of a court reporting firm pursuant to NRS 656.240, 656.250 or 656.253, the Board may, by a majority vote:

1. Place the certified court reporter or licensee on probation for a period not to exceed 1 year; or

2. Impose an administrative fine against the certified court reporter or licensee as provided in NRS 656.360.

(Added to NRS by 2003, 439; A 2009, 159; 2011, 219; 2017, 2222)

NRS 656.260 Licensee or certified court reporter required to notify Board of change of name or address; court reporting firm required to report certain changes to Board; penalty.

1. A licensee or certified court reporter shall notify the Chair or Executive Secretary of the Board in writing within 30 days after a change in name or address.

2. A licensee shall report any change of:

(a) Ownership or corporate officers of a court reporting firm; and

(b) The designated representative of the court reporting firm must be reported to the Chair or Executive Secretary within 30 days after the change.

3. The Board may suspend or revoke a license or certificate if the licensee or certified court reporter fails so to notify the Board.

(Added to NRS by 1973, 1319; A 1985, 1885; 2001, 1011; 2005, 195; 2017, 2223)

NRS 656.270 Suspension of license or certificate for mental illness; conditions for resumption of business or practice. The entry of a decree by a court of competent jurisdiction establishing the mental illness of any natural person who is a certified court reporter or a designated representative of a court reporting firm licensed under this chapter operates as a suspension of the certificate or license. Such a natural person may resume his or her business or practice only upon a finding by the Board that the natural person has been determined to be recovered from mental illness by a court of competent jurisdiction and upon the Board’s recommendation that the certified court reporter or licensee be permitted to resume his or her business or practice.

(Added to NRS by 1973, 1320; A 2001, 1011; 2017, 2223)

NRS 656.280 Investigations; procedure upon refusal to issue certificate or license.

1. The Board may upon its own motion and shall upon the verified complaint in writing of any natural person or business entity setting forth facts which if proven would constitute grounds for refusal, suspension or revocation of a certificate or license or other disciplinary action as set forth in NRS 656.240 to 656.300, inclusive, investigate the actions of a current or former certified court reporter or licensee, including a natural person who or business entity that applies for, or holds or represents that he or she or the business entity holds a license or certificate.

2. The Board shall, before refusing to issue any license or certificate, notify the applicant in writing of the reasons for the refusal. The notice must be served by delivery personally to the applicant or by mailing by registered or certified mail to the last known place of business of the applicant.

3. The time set in the notice must not be less than 10 nor more than 30 days after delivery or mailing.

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

(Added to NRS by 1973, 1320; A 1981, 103; 2001, 1011; 2005, 806; 2011, 219; 2017, 2223)

NRS 656.290 Subpoenas; witnesses; restoration of suspended license or certificate; reinstatement of revoked license or certificate.

1. The Board may subpoena and bring before it any natural person or business entity in this State and take testimony orally or by deposition, or both, with the same fees and mileage and in the same manner as prescribed in civil cases in courts of this State.

2. Any district court, upon the application of the accused or complainant or of the Board may, by order, require the attendance of witnesses and the production of relevant books and papers before the Board in any hearing relative to the application for or refusal, recall, suspension or revocation of a license or certificate, and the court may compel obedience to its order by proceedings for contempt.

3. At any time after the suspension of any license or certificate, the Board may restore it to the accused without examination upon unanimous vote by the Board.

4. In a manner consistent with the provisions of chapter 622A of NRS, after the revocation of any license or certificate, the Board may reinstate the license or certificate without examination upon unanimous vote by the Board.

(Added to NRS by 1973, 1320; A 1981, 104; 1993, 1408; 2001, 1012; 2005, 195, 807; 2017, 2223)

NRS 656.300 Practice without certificate and conducting business without license prohibited; penalties.

1. A natural person who has not been issued a certificate or whose certificate has been suspended or revoked shall not engage in the practice of court reporting.

2. A business entity that has not been issued a license or whose license has been suspended or revoked shall not conduct business as a court reporting firm.

3. In addition to any other penalty prescribed by law, if the Board determines that a natural person or business entity has committed any act described in this section or NRS 656.145 or 656.185, the Board may:

(a) Issue and serve on the natural person or business entity an order to cease and desist until the natural person or business entity obtains from the Board the proper certificate or license or otherwise demonstrates that the natural person or business entity is no longer in violation of this section. An order to cease and desist must include a telephone number with which to contact the Board.

(b) Issue a citation to a natural person or business entity. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the natural person or business entity of the provisions of this paragraph. Each activity in which the natural person or business entity is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the natural person or business entity must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

(d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

(Added to NRS by 1973, 1321; A 1993, 1408; 2001, 1012; 2017, 2224)

MISCELLANEOUS PROVISIONS

NRS 656.310 Court reporters: Use of certain designation and abbreviation; inclusion of certificate number on transcripts and business cards.

1. Except as otherwise provided in subsection 2, each natural person to whom a valid existing certificate of registration as a certified court reporter has been issued under this chapter:

(a) Must be designated as a certified court reporter;

(b) May, in connection with his or her practice of court reporting, use the abbreviation “C.C.R.”; and

2. Each natural person to whom a valid existing certificate of registration as a certified court reporter has been issued under this chapter and who has only passed the portion of the examination required pursuant to paragraph (b) of subsection 2 of NRS 656.170 through the use of voice writing:

(a) Must be designated as a certified court reporter-voice writer;

(b) May, in connection with his or her practice of court reporting, use the abbreviation “C.C.R.-V.”;

(d) Shall engage in the practice of court reporting only through the use of voice writing.

3. No natural person other than the holder of a valid existing certificate of registration under this chapter may use the title or designation of “certified court reporter,” “certified court reporter-voice writer,” “C.C.R.” or “C.C.R.-V.,” either directly or indirectly, in connection with his or her profession or business.

4. Every certified court reporter shall place the number of the certificate:

(a) On the cover page and certificate page of all transcripts of proceedings; and

(b) On all business cards.

(Added to NRS by 1973, 1317; A 1985, 1886; 1993, 1409; 2003, 441; 2007, 1035; 2017, 2225)

NRS 656.315 Court reporters: Authority to administer oaths and affirmations without appointment as notary public. A certified court reporter may administer oaths and affirmations without being appointed as a notary public pursuant to chapter 240 of NRS.

(Added to NRS by 2007, 44; A 2017, 2225)

NRS 656.320 Court reporters: Current certificate required for appointment as official reporter of any court in State. No person may be appointed to the position of official reporter of any court in this state except a court reporter who holds a current and valid certificate under the provisions of this chapter.

(Added to NRS by 1973, 1321; A 1993, 1409)

NRS 656.330 Act or service authorized by chapter prerequisite to action for compensation for services. No action or suit may be instituted, nor recovery therein be had, in any court of this state by any natural person or business entity for compensation for any act done or service rendered, the doing or rendering of which is prohibited under the provisions of this chapter.

(Added to NRS by 1973, 1321; A 2017, 2225)

NRS 656.335 Court reporter required to retain certain notes for 8 years. A certified court reporter shall retain his or her notes, whether or not transcribed, for 8 years if they concern any matter subject to judicial review. These notes must be kept in a manner which is reasonably secure against theft, tampering or accidental destruction.

(Added to NRS by 1987, 911; A 1993, 1409; 2017, 2225)

PROHIBITED ACTS; PENALTIES; ENFORCEMENT

NRS 656.345 Alteration of transcript after certification prohibited; exceptions.

1. Except as otherwise provided in subsection 2, a certified court reporter or licensee shall not alter the record of a proceeding after the transcript of the proceeding has been certified unless:

(a) Each party to the proceeding stipulates to the alteration; or

(b) The judge or arbiter presiding over the proceeding orders the alteration.

2. A licensee may, upon receiving a transcript from a certified court reporter for the purposes of reproducing and distributing the transcript, make typographical, clerical or other similar nonsubstantive alterations to the transcript if the licensee notifies the certified court reporter who certified the transcript of the proposed alterations and receives the approval of the certified court reporter for each alteration.

(Added to NRS by 2017, 2214)

NRS 656.350 Criminal penalty. A violation of any provision of this chapter is a misdemeanor.

(Added to NRS by 1973, 1321)

NRS 656.360 Administrative fine; hearing. In addition to any other penalty provided by law, the Board may, after notice and a hearing, as required by law, impose upon a natural person or business entity who violates any provision of this chapter or any regulation adopted pursuant thereto an administrative fine of not more than $5,000 for each violation for which the administrative fine is imposed.

(Added to NRS by 2011, 217; A 2017, 2225)

NRS 656.370 Injunctive relief.

1. The Board may maintain in any court of competent jurisdiction an action for an injunction against any natural person or business entity who violates any provision of this chapter.

2. Such an injunction:

(a) May be issued without proof of actual damage sustained by any natural person or business entity.

(b) Does not relieve such natural person or business entity from any criminal prosecution for the same violation.

(Added to NRS by 2017, 2214)