DAR File No. 43902

This rule was published in the August 15, 2019, issue (Vol. 2019, No. 16) of the Utah State Bulletin.


Commerce, Occupational and Professional Licensing

Rule R156-74

Certified Court Reporters Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 43902
Filed: 07/22/2019 03:22:15 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this filing is to align this rule with statutory changes made by H.B. 278, passed in the 2019 General Session, to the Court Reporters Licensing Act, which was substantially revised and renamed the State Certification of Court Reporters Act, effective 05/14/2019.

Summary of the rule or change:

In Section R156-74-101, this proposed amendment renames the rule as the "State Certification of Court Reporters Act Rule". In Sections R156-74-104 and R156-74-303, the proposed amendments update the rule to accord with the revised statute including requiring the issuance of "certificates" rather than "licenses". The amendments also update citations and references and make various nonsubstantive technical changes. In Sections R156-74-102 and R156-74-502, the proposed amendments delete the entire sections because "unprofessional conduct" is fully defined by statute in Section 58-74-502.

Statutory or constitutional authorization for this rule:

  • Section 58-74-101
  • Subsection 58-74-303(2)
  • Subsection 58-1-106(1)(a)
  • Subsection 58-1-202(1)(a)

This rule or change incorporates by reference the following material:

  • Removes National Verbatim Reporters Association, Council of the Academy of Professional Reporters Standards and Ethics, published by National Verbatim Reporters Association, Council of the Academy of Professional Reporters, April 2005 edition
  • Removes National Court Reporters Association, Council of the Academy of Professional Reporters Standards and Ethics, published by National Court Reporters Association, Council of the Academy of Professional Reporters, July 1997 edition
  • Updates National Verbatim Reporters Association Continuing Education Handbook, published by National Verbatim Reporters Association, 07/01/2015
  • Updates National Court Reporters Association (NCRA), Council of Academy of Professional Reporters (CAPR) Continuing Education Program, published by National Court Reporters Association, Council of the Academy of Professional Reporters, 10/01/2018

Anticipated cost or savings to:

the state budget:

These proposed amendments are not expected to have a fiscal impact on the state. In accordance with H.B. 278 (2019), these amendments only rename this rule, require the issuance of "certificates" rather than "licenses", and update various other provisions to accord with the revised statute and with current citations and references. Approximately 126 court reporters currently hold a license which will expire end of May 2020. Although at the time of their next renewal, their license will be replaced with a certification, the Division of Occupational and Professional Licensing (DOPL) will follow the same renewal procedure and charge the same fee as was required for the license. There will be a minimal cost to the Division of approximately $75 to print and distribute this rule once these proposed amendments are made effective.

local governments:

These proposed amendments are not expected to have a fiscal impact to local governments. In accordance with H.B. 278 (2019), these amendments only rename this rule, require the issuance of "certificates" rather than "licenses", and update various other provisions to accord with the revised statute and with current citations and references. No indirect impacts are expected because local governments neither enforce nor are affected by this process.

small businesses:

These proposed amendments are not expected to have a fiscal impact on small businesses because in accordance with H.B. 278 (2019), these amendments only rename this rule, require the issuance of "certificates" rather than "licenses", and update various other provisions to accord with the revised statute and with current citations and references. Additionally, small businesses who utilize the services of a court reporter (NAICS 541110 ? Law Firms) will not see an increase or a decrease in service costs as a result of these amendments because certification fees will be directly offset by the cost savings from licensing fees and will not result in increased costs to users of the services of those in the court reporting profession. The Division, therefore, estimates that this will result in a fiscal neutrality for the approximately 1,435 small business law firms throughout the state.

persons other than small businesses, businesses, or local governmental entities:

These proposed amendments are not expected to have any fiscal benefit or cost impact to other persons utilizing the services of individuals who will hold a state certification rather than a license. The state certification fee is directly offset by the cost savings from the license fee.

Compliance costs for affected persons:

These proposed amendments are not expected to have any fiscal benefit or cost impact to licensees (now state certificate holders) or to other persons utilizing the services of individuals who will hold a state certification rather than a license. The state certification fee is directly offset by the cost savings from the license fee.

Comments by the department head on the fiscal impact the rule may have on businesses:

The purpose of these amendments is to align this rule with statutory changes made by H.B. 278 (2019) to the Court Reporters Licensing Act, which was substantially revised and renamed the State Certification of Court Reporters Act, effective 05/14/2019. Small Businesses (less than 50 employees): These proposed amendments are not expected to have a fiscal impact on small business. These amendments only rename this rule, require the issuance of "certificates" rather than "licenses", and update various other provisions to accord with the revised statute and with current citations and references. Additionally, small businesses who utilize the services of a court reporter (NAICS 541110 ? Law Firms) will not see an increase or a decrease in service costs as a result of these amendments because certification fees will be directly offset by the cost savings from licensing fees and will not result in increased costs to users of the services of those in the court reporting profession. The Division, therefore, estimates that this will result in a fiscal neutrality for the approximately 1,435 small business law firms throughout the state. Non-Small Businesses (50 or more employees): These proposed amendments are not expected to have a fiscal impact on non-small businesses because these amendments only rename this rule, require the issuance of "certificates" rather than "licenses", and update various other provisions to accord with the revised statute and with current citations and references. Additionally, non-small businesses such as large law firms who utilize the services of a court reporter (NAICS 541110 ? Law Firms) will not see an increase or a decrease in service costs as a result of these amendments because certification fees will be directly offset by the cost savings from licensing fees and will not result in increased costs to users of the services of those in the court reporting profession. The Division, therefore, estimates that this will result in a fiscal neutrality for the approximately 13 non-small business law firms throughout the state.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

  • Robyn Barkdull at the above address, by phone at 801-530-6727, by FAX at 801-530-6511, or by Internet E-mail at rbarkdull@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

09/16/2019

Interested persons may attend a public hearing regarding this rule:

  • 08/29/2019 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474, Salt Lake City, UT

This rule may become effective on:

09/23/2019

Authorized by:

Mark Steinagel, Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2020

FY 2021

FY 2022

State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

$0

Non-Small Businesses

$0

$0

$0

Other Person

$0

$0

$0

Total Fiscal Costs:

$0

$0

$0





Fiscal Benefits




State Government

$0

$0

$0

Local Government

$0

$0

$0

Small Businesses

$0

$0

60

Non-Small Businesses

$0

$0

$0

Other Persons

$0

$0

$0

Total Fiscal Benefits:

$0

$0

$0





Net Fiscal Benefits:

$0

$0

$0

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non-Small Businesses are described below.

 

Appendix 2: Regulatory Impact to Non-Small Businesses

These proposed amendments are not expected to have a fiscal impact on non-small businesses because in accordance with 2019 H.B. 278 these amendments only rename this rule, require the issuance of "certificates" rather than "licenses", and update various other provisions to accord with the revised statute and with current citations and references. Additionally, non-small businesses such as large law firms who utilize the services of a court reporter (NAICS 541110 -- Law Firms) will not see an increase or a decrease in service costs as a result of these amendments because certification fees will be directly offset by the cost savings from licensing fees, and will not result in increased costs to users of the services of those in the court reporting profession. The Division therefore estimates that this will result in a fiscal neutrality for the approximately 13 non-small business law firms throughout the state.

 

The head of the Department of Commerce, Francine Giani, has reviewed and approved this fiscal analysis.

 

 

R156. Commerce, Occupational and Professional Licensing.

R156-74. [ Certified Court Reporters Licensing ] State Certification of Court Reporters Act Rule.

R156-74-101. Title.

This rule shall be known as the "[Certified Court Reporters Licensing]State Certification of Court Reporters Act Rule."

 

[ R156-74-102. Definitions.

(1) "Unprofessional conduct", as defined in Title 58, Chapters 1 and 74, is further defined, in accordance with Subsections 58-1-203(1)(e), in Section R156-74-502.]

 

R156-74-104. Organization - Relationship to Rule R156-1.

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-[307]107.

 

R156-74-303. Renewal Cycle - Procedure.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to [licensees]state certification under Title 58, Chapter 74 is established by rule in Section [58]R156-1-308.

(2) Renewal and reinstatement procedures shall be in accordance with Section R156-1-308 a through R156-1-308l.

 

R156-74-304. Continuing Education.

[(1) ]In accordance with Subsection 58-74-303(2), the [standards for the ]continuing education requirements for renewal of a state certification[certified court reporter shorthand reporter license] shall be the standards established by:

(1) the National Court Reporters Association, Council of the Academy of Professional Reporters (CAPR) Continuing Education Program, revised October 1, [1998]2018, which is hereby adopted and incorporated by reference; or[.]

(2) [In accordance with Subsection 58-74-303(2), the requirements and standards for the continuing education requirement for renewal of a certified court reporter voice reporter license shall be the standards established by ]the National Verbatim Reporters Association[, Council of the Academy of Professional Reporters] Continuing Education Program, [effective January 1, 2006]revised July 1, 2015, which is hereby adopted and incorporated by reference.

 

[R156-74-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) failing, as a certified shorthand reporter to conform to the generally accepted and recognized standards and ethics of the profession including those established by the National Court Reporters Association, Council of the Academy of Professional Reporters, July 1997 edition, which is hereby incorporated by reference; and

(2) failing as a certified voice reporter to conform to the generally accepted and recognized standards and ethics of the profession including those established by the National Verbatim Reporters Association, Council of the Academy of Professional Reporters, April 2005 edition, which is hereby incorporated by reference.]

 

KEY: court reporting, [licensing, shorthand reporter,]state certified court reporter

Date of Enactment or Last Substantive Amendment: [July 22, 2008]2019

Notice of Continuation: April 24, 2018

Authorizing, and Implemented or Interpreted Law: 58-74-101; 58-74-303(2); 58-1-106(1)(a) ; 58-1-202(1)(a)


Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2019/b20190815.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact Robyn Barkdull at the above address, by phone at 801-530-6727, by FAX at 801-530-6511, or by Internet E-mail at rbarkdull@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.