Section § 8020

Explanation

If you are over 18 and want to be a certified shorthand reporter in California, you must meet several requirements. You need a high school education or equivalent, not have any disqualifying criminal history, and pass a relevant examination. You also have to prove one of the following: at least one year of experience in creating verbatim records of official proceedings, completion of a recognized court reporting course, proficiency in machine shorthand or voice writing through a national association, or have a license from another state with similar standards to California. No one can take the exam without meeting these prerequisites.

Any person over the age of 18 years, who has not committed any acts or crimes constituting grounds for the denial of licensure under Sections 480, 8025, and 8025.1, who has a high school education or its equivalent as determined by the board, and who has satisfactorily passed an examination under any regulations that the board may prescribe, or has met the examination requirements pursuant to Section 8020.5, shall be entitled to a certificate and shall be styled and known as a certified shorthand reporter. No person shall be admitted to the examination without first presenting satisfactory evidence to the board that the applicant has obtained one of the following:
(a)CA Business & Professions Code § 8020(a) One year of experience in making verbatim records of depositions, arbitrations, hearings, or judicial or related proceedings by means of written symbols or abbreviations in shorthand or machine shorthand writing or voice writing and transcribing these records.
(b)CA Business & Professions Code § 8020(b) A verified certificate of satisfactory completion of a prescribed course of study in a recognized court reporting school or a certificate from the school that evidences an equivalent proficiency and the ability to make a verbatim record of material dictated in accordance with regulations adopted by the board contained in Title 16 of the California Code of Regulations. For purposes of this subdivision, and until the board adopts regulations governing voice writing, but in any case no later than January 1, 2024, references contained in Section 2411 of Title 16 of the California Code of Regulations to “machine shorthand” shall include voice writing.
(c)CA Business & Professions Code § 8020(c) A certificate from the National Court Reporters Association or the National Verbatim Reporters Association demonstrating proficiency in machine shorthand reporting or voice writing.
(d)CA Business & Professions Code § 8020(d) A valid certified shorthand reporters certificate or license to practice shorthand reporting issued by a state other than California whose requirements and licensing examination are substantially the same as those in California.

Section § 8020.5

Explanation

If you want to pass the California state licensing exam, you'll need to complete three parts: English, Professional Practice, and Dictation/Transcription. You need 95% to pass the Dictation/Transcription. The other two parts use a special grading method called the Angoff method, which means passing scores might change a bit based on the test. You have three years from when you first take any part of the exam to pass all three sections. If you fail a part, you can retake it after four months, but only if there's a new version of the test. If you already have certain national certifications, you might not need to take the Dictation/Transcription part. In some cases, like extraordinary extenuating circumstances, you might get an extra year to pass all parts.

(a)Copy CA Business & Professions Code § 8020.5(a)
(1)Copy CA Business & Professions Code § 8020.5(a)(1) The California state licensing examination shall consist of the following three divisible parts:
(A)CA Business & Professions Code § 8020.5(a)(1)(A) English.
(B)CA Business & Professions Code § 8020.5(a)(1)(B) Professional Practice.
(C)CA Business & Professions Code § 8020.5(a)(1)(C) Dictation/Transcription (Machine/Skill).
(2)Copy CA Business & Professions Code § 8020.5(a)(2)
(A)Copy CA Business & Professions Code § 8020.5(a)(2)(A) The passing grades for the Dictation/Transcription part of the examination is ninety-five percent.
(B)Copy CA Business & Professions Code § 8020.5(a)(2)(A)(B)
(i)Copy CA Business & Professions Code § 8020.5(a)(2)(A)(B)(i) The passing grades for English and Professional Practice, the two written knowledge parts of the examination, shall be determined by the Angoff criterion-referenced method.
(ii)CA Business & Professions Code § 8020.5(a)(2)(A)(B)(i)(ii) The passing scores may vary moderately with changes in test composition.
(iii)CA Business & Professions Code § 8020.5(a)(2)(A)(B)(i)(iii) Any examinee who obtains a grade which equals or exceeds the passing score determined by the Angoff criterion-referenced method will be deemed to have passed the applicable portion of the examination, assuming the other requirements of this section are met.
(b)CA Business & Professions Code § 8020.5(b) The board shall notify each examinee electronically or in writing of their pass or fail examination results.
(c)Copy CA Business & Professions Code § 8020.5(c)
(1)Copy CA Business & Professions Code § 8020.5(c)(1) An applicant shall take and pass all three parts of the examination within three consecutive years to have passed the examination.
(2)CA Business & Professions Code § 8020.5(c)(2) The three-year period shall begin from the date of the examination or any part of the examination for which the applicant is first scheduled.
(d)Copy CA Business & Professions Code § 8020.5(d)
(1)Copy CA Business & Professions Code § 8020.5(d)(1) After a period of four months has elapsed, an applicant may repeat any part of the examination.
(2)CA Business & Professions Code § 8020.5(d)(2) An applicant shall not repeat any part of the examination unless or until a new version of the examination has been introduced.
(e)CA Business & Professions Code § 8020.5(e) Notwithstanding subdivision (c), an applicant who passes a part of the examination shall receive conditional credit for passing that part and may retake the remaining parts.
(f)CA Business & Professions Code § 8020.5(f) The period of time designated in subdivision (c) may be extended by the board for a period of time not to exceed one year upon the showing of extraordinary extenuating circumstances.
(g)Copy CA Business & Professions Code § 8020.5(g)
(1)Copy CA Business & Professions Code § 8020.5(g)(1) Successful completion of the Certified Verbatim Reporter (CVR) or Certified Verbatim Reporter-Stenotype (CVR-S) certification administered through the National Verbatim Reporters Association satisfies the requirement to pass the Dictation/Transcription examination under subparagraph (C) of paragraph (1) of subdivision (a).
(2)CA Business & Professions Code § 8020.5(g)(2) Applicants who passed the Certified Verbatim Reporter (CVR) or Certified Verbatim Reporter-Stenotype (CVR-S) are subject to the requirements identified under subdivision (a) for the English examination and the Professional Practice examination, all of which must be passed within three consecutive years, pursuant to subdivision (c), to have passed the California state licensing examination.

Section § 8021

Explanation

This law mandates that exams must be conducted at least twice a year, according to the schedule and locations set by the board.

Examinations shall be held at least semiannually, and at such times and places as the board may designate.

Section § 8022

Explanation

If you're applying for a specific certificate, you must submit your application to the executive officer using the board's designated form. There's a deadline for submission, and you'll need to include a fee. The postmark or courier certification date determines when your application is officially filed. Additionally, the board can request more information about your background, education, and experience to assess your qualifications.

(a)CA Business & Professions Code § 8022(a) Each applicant for a certificate under this chapter shall file an application with the executive officer, on a form as prescribed by the board. The last date to file an application shall be a set number of days as established by the board’s regulations. The application shall be accompanied by the required fee. For purposes of determining the date upon which an application is deemed filed with the executive officer, the date of postmark as affixed by the United States Postal Service, or the date certified by a bona fide private courier service on the envelope containing the application shall control.
(b)CA Business & Professions Code § 8022(b) Nothing in this section shall be construed to limit the board’s authority to seek from any applicant any other information pertinent to the background, education, and experience of the applicant that may be deemed necessary in order to evaluate the applicant’s qualifications and fitness for licensure.

Section § 8023

Explanation

Before they can get their certificate, an applicant has to pass an exam set by the board.

No certificate shall be issued until the applicant has passed the examination prescribed by the board.

Section § 8023.5

Explanation

If you're applying for a certificate and come from a country where English isn't the main language, the board might test you on your English skills, along with other exams.

If an applicant for a certificate is from a country where the principal language spoken is one other than English, the board may, in addition to any other examination required by this chapter, examine the applicant on his or her knowledge of the English language.

Section § 8024

Explanation

This law explains that certificates for shorthand reporters in California last for one year and expire on the licensee's birthday, unless renewed. The certificate must show if the reporter uses stenography, voice writing, or both. Reporters can only offer services in the ways noted on the certificate. Until systems are updated, certification methods might be reported via letter instead of on the certificate itself until a specified date. To renew, reporters must apply, pay a fee, and disclose any relevant convictions or disciplinary actions.

(a)CA Business & Professions Code § 8024(a) All certificates issued pursuant to this chapter shall be valid for a period of one year, except for the initial period of licensure as prescribed by the board, and shall expire at 12 midnight on the last day of the month of birth of the licensee unless renewed.
(b)Copy CA Business & Professions Code § 8024(b)
(1)Copy CA Business & Professions Code § 8024(b)(1) The board shall indicate on each certificate issued pursuant to this chapter whether the certificate holder met the certified shorthand reporter examination requirements through the use of stenography, voice writing, or both.
(2)CA Business & Professions Code § 8024(b)(2) A certified shorthand reporter shall only provide services pursuant to this chapter using the methodology indicated on their certificate pursuant to paragraph (1).
(3)CA Business & Professions Code § 8024(b)(3) Except as provided in paragraph (2), nothing in this section shall be construed to confer any distinction in privilege or practice authority based upon whether a certificate holder met the certified shorthand reporter examination requirements through the use of stenography, voice writing, or both.
(4)CA Business & Professions Code § 8024(b)(4) Notwithstanding paragraph (1), the board shall indicate the methodology used by a certificate holder to meet the certified shorthand reporter examination requirements by providing a letter or notice to the certificate holder instead of indicating it on the certificate until July 1, 2023, or until the board has updated its systems and procedures in order to implement paragraph (1), whichever occurs first.
(c)CA Business & Professions Code § 8024(c) To renew an unexpired certificate, the certificate holder shall, on or before each of the dates on which it would otherwise expire, do all of the following:
(1)CA Business & Professions Code § 8024(c)(1) Apply for renewal on a form prescribed by the board.
(2)CA Business & Professions Code § 8024(c)(2) Pay the renewal fee prescribed by this chapter.
(3)CA Business & Professions Code § 8024(c)(3) Notify the board whether they have been convicted of any felony or any misdemeanor if the misdemeanor is substantially related to the functions and duties of a court reporter and whether any disciplinary action by any regulatory or licensing board in this or any other state was taken against the licensee subsequent to the licensee’s last renewal.

Section § 8024.1

Explanation

If you are applying for a professional certificate, you must pay an initial certificate fee before receiving it. However, the board might grant a temporary permit valid for 45 days if you're eligible, and you must pay any fees before the official certificate is issued.

Every person to whom a certificate is issued shall, as a condition precedent to its issuance, and in addition to any other fee which may be payable, pay the initial certificate fee prescribed by this chapter. Prior to receipt of an initial certificate fee, the board may issue an interim permit of a limited duration, but only to candidates eligible for certification under Section 8020. A limited permit shall be valid for 45 days, or until the board issues a certificate to the limited permitholder. If the board issues interim permits, the initial certificate fee, and any other fee that may be payable, shall be paid prior to the issuance of the certificate.

Section § 8024.2

Explanation

This law explains how an expired court reporter certificate in California can be renewed. To renew, the applicant must fill out a form, pay a renewal fee, and disclose any convictions or disciplinary actions. If the renewal is late, an extra fee is required. The certificate cannot be renewed if there are unpaid monetary sanctions. The renewal becomes effective when all fees are paid, extending the certificate until the next expiration date unless renewed again.

(a)CA Business & Professions Code § 8024.2(a) Except as otherwise provided in this article, a certificate that has expired may be renewed at any time within the period set forth in Section 8024.5 by doing all of the following:
(1)CA Business & Professions Code § 8024.2(a)(1) Applying for renewal on a form prescribed by the board.
(2)CA Business & Professions Code § 8024.2(a)(2) Paying the renewal fee prescribed by this chapter.
(3)CA Business & Professions Code § 8024.2(a)(3) Notifying the board whether the licensee has been convicted of any felony or any misdemeanor if the misdemeanor is substantially related to the functions and duties of a court reporter and whether any disciplinary action was taken against the licensee by any regulatory or licensing board in this or any other state, subsequent to the licensee’s last renewal.
(b)CA Business & Professions Code § 8024.2(b) If the certificate is not renewed within 30 days after its expiration, the certificate holder, as a condition precedent to renewal, shall also pay the delinquency fee set forth in Section 163.5. Renewal under this section shall be effective on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the certificate shall continue in effect through the date provided in Section 8024 which next occurs after the effective date of the renewal, when it shall expire if it is not again renewed.
The certificate shall not be renewed if the certificate holder has failed to pay monetary sanctions identified in subdivision (g) of Section 8025.

Section § 8024.3

Explanation

If your professional certificate is suspended, you still need to renew it on time, but renewing it doesn't allow you to work in that profession until the suspension is lifted. Also, you can't renew the certificate if you haven't paid certain fines.

A suspended certificate is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the holder of the certificate, while it remains suspended and until it is reinstated, to engage in the activity to which the certificate relates, or in any other activity or conduct in violation of the order or judgment by which it was suspended.
The certificate shall not be renewed if the certificate holder has failed to pay monetary sanctions identified in subdivision (g) of Section 8025.

Section § 8024.4

Explanation

If your professional certificate was revoked, it can't be renewed but can still expire. If you want it back after it expired, you have to pay fees that include what the renewal would have cost and any late fees from when it was taken away. However, if you haven't paid certain fines, you can't get the certificate renewed.

A revoked certificate is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the holder of the certificate, as a condition precedent to its reinstatement, shall pay a reinstatement fee in an amount equal to the renewal fee in effect on the last regular renewal date before the date on which it is reinstated, plus the delinquency fee, if any, accrued at the time of its revocation.
The certificate shall not be renewed if the certificate holder has failed to pay monetary sanctions identified in subdivision (g) of Section 8025.

Section § 8024.5

Explanation

If you let a certificate expire and don’t renew it within three years, you can’t just renew it again. Instead, you have to give the expired certificate back and apply for a brand new one. This means you’ll need to pay all the required fees and pass the necessary exams just like you did the first time you applied.

A certificate that is not renewed within three years after its expiration may not be renewed, restored, reinstated, or reissued thereafter. The holder of the certificate shall return the expired certificate to the board. To obtain a new certificate, the holder shall pay all of the fees and meet all of the qualifications and requirements set forth in this chapter for obtaining an original certificate, including qualifying for, taking, and passing the licensing examination.

Section § 8024.6

Explanation

If you hold a professional certificate, you must inform the board in Sacramento in writing about any name changes or address changes within 30 days, including relevant legal documents for name changes. If you fail to do so, you'll face a penalty, need to pay it to renew your certificate, and might face disciplinary actions.

(a)CA Business & Professions Code § 8024.6(a) A certificate holder shall give written notice to the board at its office in Sacramento of a name change within 30 days after each change, giving both the old and the new names. A copy of the legal document affecting the name change, such as a court order or marriage certificate, shall be submitted with the notice.
(b)CA Business & Professions Code § 8024.6(b) Each certificate holder shall notify the board in writing at its office in Sacramento of a change of address within 30 days after each change, giving both the old and the new addresses.
(c)CA Business & Professions Code § 8024.6(c) A penalty as provided in this chapter shall be paid by each certificate holder who fails to notify the board within 30 days as specified in this section. Any certificate holder to whom this penalty applies who fails to pay that penalty shall not have their certificate renewed without payment of that penalty, and the board may take disciplinary action.

Section § 8024.7

Explanation

This law sets up an 'inactive' status for shorthand reporters who are not currently working in their field. People with an inactive license can't do any work that requires the license, but they must still renew their license at the same times as active ones. They don't have to do the usual education updates required for active licenses. However, if they want to switch back to active status, they need to pay the renewal fee and complete any required continuing education, unless the board says otherwise.

The board shall establish an inactive category of licensure for persons who are not actively engaged in the practice of shorthand reporting.
(a)CA Business & Professions Code § 8024.7(a) The holder of an inactive license issued pursuant to this section shall not engage in any activity for which a license is required.
(b)CA Business & Professions Code § 8024.7(b) An inactive license issued pursuant to this section shall be renewed during the same time period in which an active license is renewed. The holder of an inactive license is exempt from any continuing education requirement for renewal of an active license.
(c)CA Business & Professions Code § 8024.7(c) The renewal fee for a license in an active status shall apply also for a renewal of a license in an inactive status, unless a lesser renewal fee is specified by the board.
(d)CA Business & Professions Code § 8024.7(d) In order for the holder of an inactive license issued pursuant to this section to restore his or her license to an active status, the holder of an inactive license shall comply with both of the following:
(1)CA Business & Professions Code § 8024.7(d)(1) Pay the renewal fee.
(2)CA Business & Professions Code § 8024.7(d)(2) If the board requires completion of continuing education for renewal of an active license, complete continuing education equivalent to that required for renewal of an active license, unless a different requirement is specified by the board.

Section § 8024.8

Explanation

This law requires that the board keep track of which certified shorthand reporters qualified using different methods, like shorthand writing or voice writing, and treat them equally. Public employers cannot favor one method over another in terms of pay, benefits, or job duties. Additionally, any legal references to shorthand notes must also include audio dictation files.

(a)CA Business & Professions Code § 8024.8(a) The board shall maintain records showing which certificate holders have qualified through shorthand or machine shorthand writing and which certificate holders have qualified through voice writing. The board shall treat certificate holders equally regardless of the method of qualification.
(b)CA Business & Professions Code § 8024.8(b) Public employers shall not differentiate among certificate holders based upon method of qualification for purposes of compensation, benefits, classification, job description, duties, or bargaining units.
(c)CA Business & Professions Code § 8024.8(c) A reference in any statute, regulation, or rule of court to the shorthand notes or stenographic notes of a certified shorthand reporter shall be interpreted to include audio dictation files.

Section § 8024.9

Explanation

This law requires certificate holders and applicants to provide a valid email address, used for professional purposes, when applying or renewing their certification. Personal emails are not required. Any changes to the email must be reported to the board within 30 days. The board will inform applicants that these email addresses are public records. The board can forward important communications to these addresses, and they encourage keeping this contact information up to date.

(a)CA Business & Professions Code § 8024.9(a) For purposes of this section, “valid email address” means an email address at which the applicant or certificate holder is currently receiving email regarding their licensed activities at the time the application or renewal is submitted to the board. A personal email address of an applicant or certificate holder shall not be considered a valid email address and is not required to be provided by the applicant or certificate holder.
(b)CA Business & Professions Code § 8024.9(b) An applicant or renewing certificate holder who has a valid email address shall provide that email address to the board at the time of application or renewal.
(c)CA Business & Professions Code § 8024.9(c) An applicant or certificate holder shall notify the board within 30 days of any change to their valid email address on file with the board.
(d)Copy CA Business & Professions Code § 8024.9(d)
(1)Copy CA Business & Professions Code § 8024.9(d)(1) The board shall inform an applicant or certificate holder, at the time of their application for certification or renewal of their certification, that any valid email address submitted to the board is a public record that is subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(2)CA Business & Professions Code § 8024.9(d)(2) The board may, at its discretion, forward communications to a certificate holder’s valid email address that it receives from clients and consumers seeking to obtain a transcript or other timely information from a certificate holder.
(e)CA Business & Professions Code § 8024.9(e) The board shall take reasonable actions to encourage applicants and certificate holders to maintain a valid email address, including by adding a statement to that effect on applications for certification or renewal.

Section § 8025

Explanation

If you're a court reporter in California, your certification can be suspended, revoked, or denied for several reasons. These reasons include being convicted of a serious crime that affects your job, not telling the board about such convictions, committing fraud to get your certificate, or behaving unprofessionally, like violating confidentiality or not meeting deadlines for transcripts. Other issues include losing important notes due to negligence, not paying fines, or already having disciplinary action in another state. You also need to follow all laws and regulations for court reporters.

A certificate issued under this chapter may be suspended, revoked, denied, or other disciplinary action may be imposed for one or more of the following causes:
(a)CA Business & Professions Code § 8025(a) Conviction of any felony or any misdemeanor if the misdemeanor is substantially related to the functions and duties of a court reporter. The record of conviction, or a certified copy thereof, is conclusive evidence of the conviction.
(b)CA Business & Professions Code § 8025(b) Failure to notify the board of a conviction described in subdivision (a), in accordance with Section 8024 or 8024.2.
(c)CA Business & Professions Code § 8025(c) Fraud or misrepresentation resorted to in obtaining a certificate hereunder.
(d)CA Business & Professions Code § 8025(d) Fraud, dishonesty, corruption, willful violation of duty, gross negligence or incompetence in practice, or unprofessional conduct in or directly related to the practice of shorthand reporting.
“Unprofessional conduct” includes, but is not limited to, acts contrary to professional standards concerning confidentiality; impartiality; filing and retention of notes; notifications, availability, delivery, execution and certification of transcripts; and any provision of law substantially related to the duties of a certified shorthand reporter.
(e)CA Business & Professions Code § 8025(e) Repeated unexcused failure, whether or not willful, to transcribe notes of cases pending on appeal and to file the transcripts of those notes within the time required by law or to transcribe or file notes of other proceedings within the time required by law or agreed to by contract. Violation of this subdivision shall also be deemed an act endangering the public health, safety, or welfare within the meaning of Section 494.
(f)CA Business & Professions Code § 8025(f) Loss or destruction of stenographic notes, whether on paper or electronic media, that prevents the production of a transcript due to negligence of the licensee.
(g)CA Business & Professions Code § 8025(g) Failure to comply with, or to pay a monetary sanction imposed by, any court for failure to provide timely transcripts. The record of the court order, or a certified copy thereof, is conclusive evidence that the sanction was imposed.
(h)CA Business & Professions Code § 8025(h) Failure to pay a civil penalty relating to the provision of court reporting services or products.
(i)CA Business & Professions Code § 8025(i) The revocation of, suspension of, or other disciplinary action against a license to act as a certified shorthand reporter by another state. A certified copy of the revocation, suspension, or disciplinary action by the other state is conclusive evidence of that action.
(j)CA Business & Professions Code § 8025(j) Violation of this chapter or the statutes, rules, and regulations pertaining to certified shorthand reporters.

Section § 8025.1

Explanation

This law allows the board responsible for certifying shorthand reporters to deny, suspend, or revoke a certificate if the person is unable to perform their job due to physical or mental problems or substance abuse. If the board suspects these issues, it can require the person to have a medical exam. If the person doesn't comply, their certification can be automatically suspended. The person can request a hearing to contest the suspension, and during the hearing, their rights to legal representation and presenting evidence are protected. If it's determined they have an impairment, the board will not grant or will suspend the certification.

(a)CA Business & Professions Code § 8025.1(a) In addition to the causes for discipline or denial of certification set forth in Section 8025, the board may suspend or revoke any certificate, or deny certification, on any of the following grounds:
(1)CA Business & Professions Code § 8025.1(a)(1) That the applicant or licensee is incapable of performing the duties of a certified shorthand reporter due to physical or mental infirmity or incapacity.
(2)CA Business & Professions Code § 8025.1(a)(2) That the applicant or licensee is unable to perform the duties of a certified shorthand reporter due to the abuse of chemical substances or alcohol.
(b)CA Business & Professions Code § 8025.1(b) For purposes of determining the existence or nonexistence of grounds for denial, suspension, or revocation of a license as set forth in this section, the board may, based upon a reasonable belief that grounds exist, require the applicant or licensee to submit to a physical or mental examination or examinations by a licensed physician as designated by the board. Failure to submit to, or to schedule, a physical or mental examination within 10 days of written demand by the board shall result in the automatic suspension of any license or the denial of any application. The denial of an application on any of the grounds set forth in this section shall be subject to the provisions of Sections 11504 and 11504.5 of the Government Code. The licensee may request a hearing to contest an automatic suspension of licensure under this section by sending a written request for hearing to the offices of the board within 12 days of the date that the board mails a notice of suspension to the licensee. If a hearing is requested, it shall be convened within 30 days after the receipt by the board of the written request for the hearing. The hearing shall be conducted in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The sole issue for determination in the hearing, whether for denial or suspension of license, shall be whether the licensee failed or refused to submit to the physical or mental examination after being duly ordered to do so by the board. Evidence that the licensee has, since the date of automatic suspension, submitted to a mental or physical examination shall be considered as mitigation of any failure or refusal to comply with the board’s order, and may, in the sound discretion of the administrative law judge, constitute cause to set aside any automatic suspension. A decision shall be rendered by the administrative law judge within 10 days of the hearing and shall constitute the final determination as to the continuing status of any automatic suspension.
(c)CA Business & Professions Code § 8025.1(c) Following a physical or mental examination pursuant to subdivision (b), the physician conducting the examination shall determine whether the applicant or licensee is incapable of performing the duties of a certified shorthand reporter due to physical or mental infirmity or incapacity, or whether the applicant or licensee is unable to perform the duties of a certified shorthand reporter due to the abuse of chemical substances or alcohol. Where a medical determination is made that an impairment exists, and the finding is reported to the board, the board shall deny any application and any license shall be automatically suspended. The denial of an application on these grounds shall be subject to the provisions of Sections 11504 and 11504.5 of the Government Code. The licensee may request a hearing to contest an automatic suspension of licensure under this section by sending a written request for hearing to the offices of the board within 12 days of the date that the board mails a notice of suspension to the licensee. If a hearing is requested, it shall be convened within 30 days after the receipt by the board of the written request for hearing. The hearing shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The sole issue for determination in the hearing, whether for denial or suspension of license, shall be whether the applicant or licensee is incapable of performing the duties of a certified shorthand reporter due to physical or mental infirmity or incapacity, or whether the applicant or licensee is unable to perform the duties of a certified shorthand reporter due to the abuse of chemical substances or alcohol.
(d)CA Business & Professions Code § 8025.1(d) For purposes of the hearing conducted pursuant to subdivision (c), the applicant or licensee shall, at a minimum, have the following rights:
(1)CA Business & Professions Code § 8025.1(d)(1) To be represented by counsel.
(2)CA Business & Professions Code § 8025.1(d)(2) To have a record made of the proceedings, copies of which may be obtained by the licentiate upon payment of any reasonable charges associated with the record.
(3)CA Business & Professions Code § 8025.1(d)(3) To call, examine, and cross-examine witnesses.
(4)CA Business & Professions Code § 8025.1(d)(4) To present and rebut evidence determined to be relevant.
(5)CA Business & Professions Code § 8025.1(d)(5) To present oral argument.
(e)CA Business & Professions Code § 8025.1(e) The statutory period governing reapplication for licensure following denial of the application as set forth in Section 486 does not apply to licenses denied under this section.

Section § 8026

Explanation

If a certified shorthand reporter is found guilty or pleads no contest to a crime related to their job duties, it counts as a conviction under this rule. The overseeing board can suspend or revoke their certification or refuse to issue one once the case can't be appealed anymore. This holds true even if later actions allow the reporter to change their plea or dismiss the charges based on certain legal provisions.

A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge substantially related to the qualifications, functions and duties of a certified shorthand reporter is deemed to be a conviction within the meaning of this article.
The board may order the certificate suspended or revoked, or may decline to issue a certificate, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment.

Section § 8027

Explanation

This section sets the rules for court reporting schools in California. It defines what qualifies as a school, outlines the requirements to become recognized, and details how schools should maintain records. Schools must inform the board of changes, such as discontinuance of programs or changes in school details, within specific time frames. Schools must provide certain disclosures to students regarding graduation requirements and state licensing exams. The board can inspect schools and requires them to report student progress and exam pass rates. Schools must hold a minimum of 10 hours of live dictation classes weekly for full-time students and offer opportunities for practice and interaction with professional court reporters. Specific benchmarks and standards for exams, instructors, and student progress tracking are mandated. Regulations to implement these standards were required by September 1, 2002, and the board can recover costs related to the enforcement of these regulations.

(a)CA Business & Professions Code § 8027(a) As used in this section, “school” means a court reporter training program or an institution that provides a course of instruction approved by the board and the Bureau for Private Postsecondary Education, is a public school in this state, or is accredited by the Western Association of Schools and Colleges.
(b)CA Business & Professions Code § 8027(b) A court reporting school shall be primarily organized to train students for the practice of shorthand reporting, as defined in Sections 8016 and 8017. Its educational program shall be on the postsecondary or collegiate level. It shall be legally organized and authorized to conduct its program under all applicable laws of the state, and shall conform to and offer all components of the minimum prescribed course of study established by the board. Its records shall be kept and shall be maintained in a manner to render them safe from theft, fire, or other loss. The records shall indicate positive daily and clock-hour attendance of each student for all classes, apprenticeship and graduation reports, high school transcripts or the equivalent or self-certification of high school graduation or the equivalent, transcripts of other education, and student progress to date, including all progress and counseling reports.
(c)CA Business & Professions Code § 8027(c) Any school intending to offer a program in court reporting shall notify the board within 30 days of the date on which it provides notice to, or seeks approval from, the State Department of Education, the Bureau for Private Postsecondary Education, the Office of the Chancellor of the California Community Colleges, or the Western Association of Schools and Colleges, whichever is applicable. The board shall review the proposed curriculum and provide the school tentative approval, or notice of denial, within 60 days of receipt of the notice. The school shall apply for provisional recognition pursuant to subdivision (d) within no more than one year from the date it begins offering court reporting classes.
(d)CA Business & Professions Code § 8027(d) The board may grant provisional recognition to a new court reporting school upon satisfactory evidence that it has met all of the provisions of subdivision (b) and this subdivision. Recognition may be granted by the board to a provisionally recognized school after it has been in continuous operation for a period of no less than three consecutive years from the date provisional recognition was granted, during which period the school shall provide satisfactory evidence that at least one person has successfully completed the entire course of study established by the board and complied with the provisions of Section 8020, and has been issued a certificate to practice shorthand reporting as defined in Sections 8016 and 8017. The board may, for good cause shown, extend the three-year provisional recognition period for not more than one year. Failure to meet the provisions and terms of this section shall require the board to deny recognition. Once granted, recognition may be withdrawn by the board for failure to comply with all applicable laws and regulations.
(e)CA Business & Professions Code § 8027(e) Application for recognition of a court reporting school shall be made upon a form prescribed by the board and shall be accompanied by all evidence, statements, or documents requested. Each branch, extension center, or off-campus facility requires separate application.
(f)CA Business & Professions Code § 8027(f) All recognized and provisionally recognized court reporting schools shall notify the board of any change in school name, address, telephone number, responsible court reporting program manager, owner of private schools, and the effective date thereof, within 30 days of the change. All of these notifications shall be made in writing.
(g)CA Business & Professions Code § 8027(g) A school shall notify the board in writing immediately of the discontinuance or pending discontinuance of its court reporting program or any of the program’s components. Within two years of the date this notice is sent to the board, the school shall discontinue its court reporting program in its entirety. The board may, for good cause shown, grant not more than two one-year extensions of this period to a school. If a student is to be enrolled after this notice is sent to the board, a school shall disclose to the student the fact of the discontinuance or pending discontinuance of its court reporting program or any of its program components.
(h)CA Business & Professions Code § 8027(h) The board shall maintain a roster of currently recognized and provisionally recognized court reporting schools, including, but not limited to, the name, address, telephone number, and the name of the responsible court reporting program manager of each school.
(i)CA Business & Professions Code § 8027(i) The board shall maintain statistics that display the number and passing percentage of all first-time examinees, including, but not limited to, those qualified by each recognized or provisionally recognized school and those first-time examinees qualified by other methods as defined in Section 8020.
(j)CA Business & Professions Code § 8027(j) Inspections and investigations shall be conducted by the board as necessary to carry out this section, including, but not limited to, unannounced site visits.
(k)CA Business & Professions Code § 8027(k) All recognized and provisionally recognized schools shall print in their school or course catalog the name, address, and telephone number of the board. At a minimum, the information shall be in 8-point bold type and include the following statement:
“IN ORDER FOR A PERSON TO QUALIFY FROM A SCHOOL TO TAKE THE STATE LICENSING EXAMINATION, THE PERSON SHALL COMPLETE A PROGRAM AT A RECOGNIZED SCHOOL. FOR INFORMATION CONCERNING THE MINIMUM REQUIREMENTS THAT A COURT REPORTING PROGRAM MUST MEET IN ORDER TO BE RECOGNIZED, CONTACT: THE COURT REPORTERS BOARD OF CALIFORNIA; (ADDRESS); (TELEPHONE NUMBER).”
(l)CA Business & Professions Code § 8027(l) Each court reporting school shall file with the board, not later than June 30 of each year, a current school catalog that shows all course offerings and staff, and for private schools, the owner, except that where there have been no changes to the catalog within the previous year, no catalog need be sent. In addition, each school shall also file with the board a statement certifying whether the school is in compliance with all statutes and the rules and regulations of the board, signed by the responsible court reporting program manager.
(m)CA Business & Professions Code § 8027(m) A school offering court reporting shall not make any written or verbal claims of employment opportunities or potential earnings unless those claims are based on verified data and reflect current employment conditions.
(n)CA Business & Professions Code § 8027(n) If a school offers a course of instruction that exceeds the board’s minimum requirements, the school shall disclose orally and in writing the board’s minimum requirements and how the course of instruction differs from those criteria. The school shall make this disclosure before a prospective student executes an agreement obligating that person to pay any money to the school for the course of instruction. The school shall also make this disclosure to all students enrolled on January 1, 2002.
(o)CA Business & Professions Code § 8027(o) Private and public schools shall provide each prospective student with all of the following and have the prospective student sign a document that shall become part of that individual’s permanent record, acknowledging receipt of each item:
(1)CA Business & Professions Code § 8027(o)(1) A student consumer information brochure published by the board.
(2)CA Business & Professions Code § 8027(o)(2) A list of the school’s graduation requirements, including the number of tests, the pass point of each test, the speed of each test, and the type of test, such as jury charge or literary.
(3)CA Business & Professions Code § 8027(o)(3) A list of requirements to qualify for the state-certified shorthand reporter licensing examination, including the number of tests, the pass point of each test, the speed of each test, and the type of test, such as jury charge or literary, if different than those requirements listed in paragraph (2).
(4)CA Business & Professions Code § 8027(o)(4) A copy of the school’s board-approved benchmarks for satisfactory progress as identified in subdivision (u).
(5)CA Business & Professions Code § 8027(o)(5) A report showing the number of students from the school who qualified for each of the certified shorthand reporter licensing examinations within the preceding two years, the number of those students that passed each examination, the time, as of the date of qualification, that each student was enrolled in court reporting school, and the placement rate for all students that passed each examination.
(6)CA Business & Professions Code § 8027(o)(6) On and after January 1, 2005, the school shall also provide to prospective students the number of hours each currently enrolled student who has qualified to take the next licensing test, exclusive of transfer students, has attended court reporting classes.
(p)CA Business & Professions Code § 8027(p) All enrolled students shall have the information in subdivisions (n) and (o) on file no later than June 30, 2005.
(q)CA Business & Professions Code § 8027(q) Public schools shall provide the information in subdivisions (n) and (o) to each new student the first day he or she attends theory or machine speed class, if it was not provided previously.
(r)CA Business & Professions Code § 8027(r) Each enrolled student shall be provided written notification of any change in qualification or graduation requirements that is being implemented due to the requirements of any one of the school’s oversight agencies. This notice shall be provided to each affected student at least 30 days before the effective date of the change and shall state the new requirement and the name, address, and telephone number of the agency that is requiring it of the school. Each student shall initial and date a document acknowledging receipt of that information and that document, or a copy thereof, shall be made part of the student’s permanent file.
(s)CA Business & Professions Code § 8027(s) Schools shall make available a comprehensive final examination in each academic subject to any student desiring to challenge an academic class in order to obtain credit towards certification for the state licensing examination. The points required to pass a challenge examination shall not be higher than the minimum points required of other students completing the academic class.
(t)CA Business & Professions Code § 8027(t) An individual serving as a teacher, instructor, or reader shall meet the qualifications specified by regulation for his or her position.
(u)CA Business & Professions Code § 8027(u) Each school shall provide a substitute teacher or instructor for any class for which the teacher or instructor is absent for two consecutive days or more.
(v)CA Business & Professions Code § 8027(v) The board has the authority to approve or disapprove benchmarks for satisfactory progress which each school shall develop for its court reporting program. Schools shall use only board-approved benchmarks to comply with the provisions of paragraph (4) of subdivision (o) and subdivision (u).
(w)CA Business & Professions Code § 8027(w) Each school shall counsel each student a minimum of one time within each 12-month period to identify the level of attendance and progress, and the prognosis for completing the requirements to become eligible to sit for the state licensing examination. If the student has not progressed in accordance with the board-approved benchmarks for that school, the student shall be counseled a minimum of one additional time within that same 12-month period.
(x)CA Business & Professions Code § 8027(x) The school shall provide to the board, for each student qualifying through the school as eligible to sit for the state licensing examination, the number of hours the student attended court reporting classes, both academic and machine speed classes, including theory.
(y)CA Business & Professions Code § 8027(y) The pass rate of first-time examination takers for each school offering court reporting shall meet or exceed the average pass rate of all first-time test takers for a majority of examinations given for the preceding three years. Failure to do so shall require the board to conduct a review of the program. In addition, the board may place the school on probation and may withdraw recognition if the school continues to place below the above-described standard on the two examinations that follow the three-year period.
(z)CA Business & Professions Code § 8027(z) A school shall not require more than one 10-minute qualifying examination, as defined in the regulations of the board, for a student to be eligible to sit for the state certification examination.
(aa) A school shall provide the board the actual number of hours of attendance for each applicant the school qualifies for the state licensing examination.
(ab) The board shall, by December 1, 2001, do the following by regulation as necessary:
(1)CA Business & Professions Code § 8027(ab)(1) Establish the format that shall be used by schools to report tracking of all attendance hours and actual timeframes for completed coursework.
(2)CA Business & Professions Code § 8027(ab)(2) Require schools to provide a minimum of 10 hours of live dictation class each school week for every full-time student.
(3)CA Business & Professions Code § 8027(ab)(3) Require schools to provide students with the opportunity to read back from their stenographic notes a minimum of one time each day to his or her instructor.
(4)CA Business & Professions Code § 8027(ab)(4) Require schools to provide students with the opportunity to practice with a school-approved speed-building audio recording, or other assigned material, a minimum of one hour per day after school hours as a homework assignment and provide the notes from this audio recording to their instructor the following day for review.
(5)CA Business & Professions Code § 8027(ab)(5) Develop standardization of policies on the use and administration of qualifier examinations by schools.
(6)CA Business & Professions Code § 8027(ab)(6) Define qualifier examination as follows: the qualifier examination shall consist of 4-voice testimony of 10-minute duration at 200 words per minute, graded at 97.5 percent accuracy, and in accordance with the guidelines followed by the board. Schools shall be required to date and number each qualifier and announce the date and number to the students at the time of administering the qualifier. All qualifiers shall indicate the actual dictation time of the test and the school shall catalog and maintain the qualifier for a period of not less than three years for the purpose of inspection by the board.
(7)CA Business & Professions Code § 8027(ab)(7) Require schools to develop a program to provide students with the opportunity to interact with professional court reporters to provide skill support, mentoring, or counseling that they can document at least quarterly.
(8)CA Business & Professions Code § 8027(ab)(8) Define qualifications and educational requirements required of instructors and readers that read test material and qualifiers.
(ac) The board shall adopt regulations to implement the requirements of this section not later than September 1, 2002.
(ad) The board may recover costs for any additional expenses incurred under the enactment amending this section in the 2001–02 Regular Session of the Legislature pursuant to its fee authority in Section 8031.

Section § 8027.5

Explanation
This law gives the board the power to issue official warnings or fines when rules are broken. They can do this apart from their usual ability to carry out disciplinary actions.
In addition to the authority to conduct disciplinary proceedings under this chapter, the board, through its duly authorized representatives, shall have authority to issue administrative citations or assess fines for the violation of any rules and regulations adopted by the board under the provisions of this chapter.