[Rev. 11/21/2013 1:01:16 PM--2013]

CHAPTER 656 - CERTIFIED COURT REPORTERS

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           Compensation of members and employees.

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 persons; expenditures.

NRS 656.120           Seal of Board; collection of fees.

NRS 656.130           Issuance of subpoenas; adoption of regulations.

NRS 656.140           Board to aid profession.

LICENSING; CERTIFICATION; FEES

NRS 656.150           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           Examination of applicant.

NRS 656.170           Time of examination; documentary evidence of qualifications.

NRS 656.180           Requirements for certification.

NRS 656.185           Court reporting firm: License required; application.

NRS 656.186           Court reporting firm: Appointment of designated representative.

NRS 656.187           Court reporting firm: Renewal of license; reinstatement of expired license.

NRS 656.200           Renewal of certificate; continuing education or training; suspension of certificate; reinstatement.

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

NRS 656.220           Fees.

NRS 656.230           Deposit and use of Board’s money.

DISCIPLINARY ACTION

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: Miscellaneous 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; hearing.

NRS 656.260           Holder of license or certificate to notify Board of change of name or address; court reporting firm to report certain changes to Board; penalty.

NRS 656.270           Suspension of license or certificate for mental illness.

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 declared public nuisance; injunctive relief; apportionment of costs.

MISCELLANEOUS PROVISIONS

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

NRS 656.315           Court reporter may administer oaths and affirmations.

NRS 656.320           Court reporters must hold current certificate.

NRS 656.330           Certification prerequisite to action for compensation for services.

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

UNLAWFUL ACTS; PENALTIES

NRS 656.340           Unlawful to practice without license or approval of Board.

NRS 656.350           Penalty for violation of chapter.

NRS 656.360           Civil penalty for violation of chapter; hearing.

_________

 

GENERAL PROVISIONS

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

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

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

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

      4.  “Court reporting firm” means a person who, for compensation, provides or arranges for the services of a court reporter or provides referral services for court reporters in this State.

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

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

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

      8.  “Licensee” means a person to whom a license has been issued.

      9.  “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;

      (c) Pretrial examinations, depositions, motions and related proceedings of like character; or

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

      10.  “Stenographic notes” means:

      (a) The original manually or mechanically produced notes in shorthand or shorthand writing taken by a 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 court reporter while in attendance at a proceeding.

      11.  “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)

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 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 court reporter; or

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

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

      NRS 656.070  Compensation of members and employees.

      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 person are confidential, unless the person 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 person, including, without limitation, a law enforcement agency.

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

      NRS 656.110  Duty to administer chapter; power to appoint committees and employ 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 656.130  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  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 such matters as concern their relations with the public.

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

LICENSING; CERTIFICATION; FEES

      NRS 656.150  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 passed the examination prescribed by the Board and paid the fee as provided in NRS 656.220.

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

      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.]

      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)

      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.]

      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

      (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, 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  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;

      (b) Sufficient ability to report accurately any of the matters comprising the practice of court reporting consisting of material read at not less than 180 words per minute or more than 225 words per minute; and

      (c) 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)

      NRS 656.170  Time of examination; documentary evidence of qualifications.

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

      2.  No person may be admitted to the examination unless the person first presents satisfactory evidence to the Board that he or she has:

      (a) Received a passing grade on the National Court Reporters Association’s examination for registered professional reporters, if the Board has approved the examination;

      (b) Received a passing grade on the National Verbatim Reporters Association’s examination for certified verbatim reporters, if the Board has approved the examination;

      (c) Completed course work at a school for court reporters or completed course work offered through a distance education program for court reporters in English grammar, reading, spelling and vocabulary, medical and legal terminology, transcription and computer-aided transcription, reporting procedures and court reporting at 200 words per minute with an accuracy of 95 percent;

      (d) A certificate as a registered professional reporter, registered merit reporter, certified CART provider, certified broadcast captioner or certified realtime reporter from the National Court Reporters Association, if the Board has approved each such certificate;

      (e) A certificate as a certified verbatim reporter, realtime verbatim reporter, registered CART provider or registered broadcast captioner or a certificate of merit from the National Verbatim Reporters Association, if the Board has approved each such certificate;

      (f) A valid certificate or license to practice court reporting issued by another state; or

      (g) One year of continuous experience as a full-time court reporter using voice writing or any system of manual or mechanical shorthand writing.

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

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

      1.  Is a citizen of the United States or lawfully entitled to remain and work in the United States;

      2.  Is at least 18 years of age;

      3.  Is of good moral character;

      4.  Has a high school education or its equivalent;

      5.  Satisfactorily passes an examination administered by the Board pursuant to NRS 656.160;

      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)

      NRS 656.185  Court reporting firm: License required; application.

      1.  It is unlawful for any person to conduct business as a court reporting firm or to advertise or put out any sign or card or other device which may indicate to members of the public that he or she 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 person who will be appointed as the designated representative of the court reporting firm and such other identifying information about that person as required by the Board;

      (c) Be accompanied by the required fee; and

      (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)

      NRS 656.186  Court reporting firm: Appointment of designated representative.

      1.  Each court reporting firm shall appoint one person affiliated with the court reporting firm to act as the designated representative for the firm. The 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 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)

      NRS 656.187  Court reporting firm: Renewal of license; reinstatement of expired license.

      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;

      (c) The required fee for renewal; and

      (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)

      NRS 656.200  Renewal of certificate; continuing education or training; suspension of certificate; reinstatement.

      1.  To renew a certificate of registration a 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 court reporters to participate in continuing education or training as a prerequisite to the renewal or restoration of a certificate. If a court reporter fails to comply with the requirements, the Board may suspend or revoke his or her certificate.

      3.  The failure of any 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 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)

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

      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 certificate of a court reporter who 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)

      NRS 656.220  Fees.

      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)

      NRS 656.230  Deposit and use of Board’s money.  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)

DISCIPLINARY ACTION

      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 or court reporter has by false representation obtained or sought to obtain a certificate or license for himself or herself or any other person.

      2.  If the applicant or court reporter has been found in contempt of court, arising out of his or her conduct in performing or attempting to perform any act as a court reporter.

      3.  If the applicant or court reporter has been convicted of a crime related to the qualifications, functions and responsibilities of a certified or licensed court reporter.

      4.  If the applicant or court reporter 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)

      NRS 656.250  Grounds for denial, suspension or revocation of certificate or license: Miscellaneous grounds.  The Board may refuse to issue or renew or may suspend or revoke any certificate or license if the court reporter in performing or attempting to perform or pretending to perform any act as a 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 court reporter or was prepared under the court reporter’s immediate supervision;

      6.  Demonstrated unworthiness or incompetency to act as a 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, firm, copartnership or corporation 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 court reporter or ongoing services which relate to the practice of court reporting;

      (c) The avoidance of a conflict of interest; or

      (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

      (c) Within a reasonable time required for delivery of the transcript.

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

      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 licensee or certificate holder 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)

      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.]

      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 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 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 person whose license or certificate was suspended stating that the 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)

      NRS 656.257  Probation; administrative fine; hearing.

      1.  In addition to or in lieu of suspending, revoking or refusing to issue or renew the certificate of a 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:

      (a) Place the court reporter or court reporting firm on probation for a period not to exceed 1 year; or

      (b) Impose an administrative fine against the court reporter or court reporting firm in an amount not to exceed $5,000 for each violation for which the administrative fine is imposed.

      2.  Any penalty imposed pursuant to this section must be imposed by the Board at a hearing conducted pursuant to chapter 622A of NRS.

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

      NRS 656.260  Holder of license or certificate to notify Board of change of name or address; court reporting firm to report certain changes to Board; penalty.

      1.  A holder of a license or certificate shall notify the Chair or Executive Secretary of the Board in writing within 30 days after changing his or her name or address.

      2.  Any change of ownership or corporate officers of a court reporting firm or of 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 holder thereof fails so to notify the Board.

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

      NRS 656.270  Suspension of license or certificate for mental illness.  The entry of a decree by a court of competent jurisdiction establishing the mental illness of any person holding a license or certificate under this chapter operates as a suspension of the license or certificate. Such a person may resume his or her business or practice only upon a finding by the Board that the holder of the license or certificate has been determined to be recovered from mental illness by a court of competent jurisdiction and upon the Board’s recommendation that the holder be permitted to resume his or her business or practice.

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

      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 person 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 certificate holder or licensee, including a firm or any other person who applies for, or holds or represents that he or she or the firm 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)

      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 person 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)

      NRS 656.300  Practice without certificate and conducting business without license declared public nuisance; injunctive relief; apportionment of costs.

      1.  The practice of court reporting by any person who has not been issued a certificate or whose certificate has been suspended or revoked, or conducting a business as a court reporting firm without first obtaining a license therefor or with a suspended or revoked license, is hereby declared to be inimical to public health and welfare and to constitute a public nuisance. The Attorney General of the State of Nevada, the district attorney of any county in the State or any resident may maintain an action in the name of the State of Nevada perpetually to enjoin any person from so unlawfully practicing court reporting, or unlawfully conducting business as a court reporting firm, and from doing, committing or continuing such an unlawful act.

      2.  In all proceedings under this section, the court may apportion the costs among the parties interested in the suit, including the costs of filing the complaint, service of process, witness fees and expenses, charges for a court reporter and reasonable attorney’s fees.

      3.  The proceeding authorized by this section is in addition to and not in lieu of criminal prosecutions or proceedings to revoke or suspend licenses or certificates as authorized by this chapter.

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

MISCELLANEOUS PROVISIONS

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

      1.  Except as otherwise provided in subsection 2, each 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

      (c) Shall not, in connection with his or her practice of court reporting, use the abbreviation “C.C.R.-V.”

      2.  Each 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 656.160 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.”;

      (c) Shall not, in connection with his or her practice of court reporting, use the abbreviation “C.C.R.”; and

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

      3.  No 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 holder of a certificate 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)

      NRS 656.315  Court reporter may administer oaths and affirmations.  A 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)

      NRS 656.320  Court reporters must hold current certificate.  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  Certification 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 person 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)

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

UNLAWFUL ACTS; PENALTIES

      NRS 656.340  Unlawful to practice without license or approval of Board.

      1.  Except as otherwise provided in subsection 2, it is unlawful for any person to practice court reporting or advertise or put out any sign or card or other device which might indicate to the public that the person is entitled to practice as a court reporter without a certificate of registration as a certified court reporter issued by the Board.

      2.  Any person may, with the approval of the Board, practice court reporting on a temporary basis when there is an acknowledged unavailability of a certified court reporter. A person requesting the approval of the Board to practice court reporting on a temporary basis shall submit to the Board:

      (a) Documentation or other proof that the person has at least one continuous year of experience working full-time in the practice of court reporting; and

      (b) A copy of:

             (1) The certification as a registered professional reporter issued to the person by the National Court Reporters Association;

             (2) The certification as a registered merit reporter issued to the person by the National Court Reporters Association; or

             (3) A valid certificate or license to practice court reporting issued to the person by another state.

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

      NRS 656.350  Penalty for violation of chapter.  A violation of any provision of this chapter is a misdemeanor.

      (Added to NRS by 1973, 1321)

      NRS 656.360  Civil penalty for violation of chapter; hearing.  In addition to any other penalty provided by law, a person who violates any provision of this chapter or any regulation adopted by the Board is subject to a civil penalty of not more than $5,000 for each violation. Any such penalty must be imposed by the Board:

      1.  If the person is a certified court reporter or court reporting firm, at a hearing conducted pursuant to the provisions of chapter 622A of NRS.

      2.  If the person is not a licensee, at a hearing for which written notice has been given not less than 30 days before the hearing.

      (Added to NRS by 2011, 217)