Rules & Regulations of the State of Tennessee
Title 0455 - Court Reporting
Chapter 0455-01-05 - Disciplinary Enforcement
Section 0455-01-05-.03 - GROUNDS FOR DISCIPLINE OF A LICENSEE OR DENIAL OF RENEWAL OR REINSTATEMENT
Universal Citation: TN Comp Rules and Regs 0455-01-05-.03
Current through September 24, 2024
(1) The Board may suspend, revoke or otherwise discipline any court reporter upon proof that the person:
(a) Is guilty of fraud or deceit in
procuring or attempting to procure a license by:
1. Filing false, forged or altered documents
or credentials, including required continuing education
documentation.
2. Misrepresenting
or falsifying facts in applying for original licensure, renewal, reactivation
or reinstatement of license.
3.
Having another person appear for a licensing or certification
examination.
(b) Has
been convicted of a felony or a crime of moral turpitude that reflects on the
court reporter's honesty, trustworthiness or fitness as a court reporter in
other respects.
(c) Is impaired due
to the use of alcohol, or is addicted to the use of habit-forming drugs to such
an extent as to render the court reporter unsafe or unreliable.
(d) Is guilty of unprofessional conduct of a
character likely to deceive, defraud, or injure the public in matters of court
reporting, which includes but is not limited to:
1. Failure to comply with the Tennessee Court
Reporting Act and Rules and Regulations as well as federal, state or local
laws, rules or regulations applicable to the area of court reporting
practice.
2. Failure to practice
court reporting in accordance with the standards of practice adopted by the
Board.
3. Practice beyond the scope
of practice as determined by, but not limited to educational preparation;
license status; state and federal statutes and regulations; state and national
standards appropriate to the type of practice; and court reporting
experience.
4. Falsification of
credentials,
5. Falsification of
employment records,
6. Representing
oneself as a court reporter without a license and,
7. Having a license denied, conditionally
issued, reprimanded, placed on probation, suspended, revoked, or voluntarily
surrendered in another state, territory or country, or having been
court-martialed or administratively discharged by a branch of the United States
Armed Forces for any act or conduct which would constitute grounds for
disciplinary action in this state. A certified copy of the record of the agency
that took such action shall be conclusive evidence of the grounds for
discipline.
(e) Has
failed to respond to official Board correspondence, including but not limited
to requests for information, subpoenas, or notices.
(f) Has willfully or repeatedly violated any
of the provisions of a statute or rule by conduct that includes but is not
limited to:
1. Practicing or seeking to
practice court reporting without a current license.
2. Impersonating an applicant for licensure
or another licensed practitioner or permitting or allowing another person to
use the court reporter license.
3.
Continued violation of statute or rule after notice by the Board.
4. Failure to comply with any stipulated
terms and conditions of any Board order or contract.
5. Violation of one or more of the Standards
of Professional Conduct found at Rule 0455-01-04-.01.
(g) Has failed to comply with continuing
education requirements.
(h) Has
submitted payment of any fees or civil penalties to the Board with a worthless
check, invalid credit card, or by any other method that is not honored by the
financial institution.
(i) Poses a
risk to public safety for any other reasons stated by law.
Authority: T.C.A. §§ 20-9-605, 20-9-606, 20-9-607, 20-9-608, 20-9-609, 20-9-610, 20-9-611 and 20-9612.
Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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