CHAPTER 656 CERTIFIED COURT REPORTERS

[NAC/656 Revised Date: 9/18]

GENERAL PROVISIONS

NRS 656.010 Short title.

This chapter is known and may be cited as the Nevada Certified Court Reporters' Law.

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.

 

 [NAC 656 Revised Date: 9/18]

GENERAL PROVISIONS

     NAC 656.010 Definitions. (NRS 656.130) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 656.015 to 656.070, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Cert. Court Reporters’ Bd., eff. 11/6/95; A by R120/97, 4/13/98; R101/03, 2/18/2004; R029/07, 10/31/2007; R030/09, 10/27/2009)

     NAC 656.015 “Advisory opinion” defined. (NRS 656.130) “Advisory opinion” means an opinion rendered by the Board upon request pursuant to NAC 656.415.

     (Added to NAC by Cert. Court Reporters’ Bd. By R030/09, eff. 10/27/2009)

     NAC 656.020 “Board” defined. (NRS 656.130) “Board” has the meaning ascribed to it in NRS 656.030.

     (Added to NAC by Cert. Court Reporters’ Bd. By R120/97, eff. 4/13/98)

     NAC 656.030 “Certificate” defined. (NRS 656.130) “Certificate” has the meaning ascribed to it in NRS 656.030.

     (Added to NAC by Cert. Court Reporters’ Bd. By R120/97, eff. 4/13/98)

     NAC 656.035 “Complainant” defined. (NRS 656.130) “Complainant” means any person who submits a written complaint to the Board regarding any act of a holder of a certificate or license.

     (Added to NAC by Cert. Court Reporters’ Bd. By R101/03, eff. 2/18/2004; A by R030/09, 10/27/2009; R112/17, 2/27/2018)

     NAC 656.040 “Court reporter” defined. (NRS 656.130) “Court reporter” has the meaning ascribed to “certified court reporter” in NRS 656.030.

     (Added to NAC by Cert. Court Reporters’ Bd. By R120/97, eff. 4/13/98; A by R112/17, 2/27/2018)

     NAC 656.045 “Designated representative of a court reporting firm” defined. (NRS 656.130) “Designated representative of a court reporting firm” has the meaning ascribed to it in subsection 5 of NRS 656.030.

     (Added to NAC by Cert. Court Reporters’ Bd. By R029/07, eff. 10/31/2007)

     NAC 656.050 “Firm” defined. (NRS 656.130) “Firm” has the meaning ascribed to “court reporting firm” in NRS 656.030.

     (Added to NAC by Cert. Court Reporters’ Bd. By R120/97, eff. 4/13/98; A by R030/09, 10/27/2009)

     NAC 656.054 “License” defined. (NRS 656.130) “License” has the meaning ascribed to it in NRS 656.030.

     (Added to NAC by Cert. Court Reporters’ Bd. By R112/17, eff. 2/27/2018)

     NAC 656.055 “Litigation” defined. (NRS 656.130) “Litigation” means:

     1. Any suit at law or in equity; or

     2. Any arbitration that is subject to judicial review.

     (Added to NAC by Cert. Court Reporters’ Bd. By R101/03, eff. 2/18/2004)

     NAC 656.060 “Practice of court reporting” defined. (NRS 656.130) “Practice of court reporting” has the meaning ascribed to it in NRS 656.030.

     (Added to NAC by Cert. Court Reporters’ Bd. By R120/97, eff. 4/13/98)

     NAC 656.065 “Proceeding” defined. (NRS 656.130) “Proceeding” means any hearing or other matter that is conducted or considered during litigation, including, but not limited to:

     1. Any final decision of an agency that is subject to judicial review pursuant to chapter 233B of NRS;

     2. Any examination, deposition or other hearing relating to discovery as provided by statute or the Nevada Rules of Civil Procedure; and

     3. Any other matters subject to judicial review.

     (Added to NAC by Cert. Court Reporters’ Bd. By R101/03, eff. 2/18/2004; A by R030/09, 10/27/2009)

     NAC 656.070 “Respondent” defined. (NRS 656.130) “Respondent” means a holder of a certificate or license who is charged in a formal or informal complaint with a violation of a provision of this chapter or chapter 656 of NRS.

     (Added to NAC by Cert. Court Reporters’ Bd. By R101/03, eff. 2/18/2004; A by R112/17, 2/27/2018)

CERTIFICATION

     NAC 656.100 Application for certificate; cancellation by applicant. (NRS 656.130, 656.150, 656.170)

     1. The Board will consider applications for certificates for the immediately succeeding examination. The Executive Secretary of the Board shall establish a deadline for submission of applications at least 30 days before the examination for certification is administered. If an application is postmarked after the deadline, the Executive Secretary of the Board shall return the application to the applicant and the applicant is ineligible to take the examination.

     2. An application must be submitted to the Board in its original form. If an applicant submits an application that is photocopied, the Executive Secretary of the Board shall return the application to the applicant and the applicant is ineligible to take the examination.

     3. All questions on the application must be completed. If an application is incomplete, the Executive Secretary of the Board shall return the application to the applicant. An applicant whose application is returned because it is incomplete may resubmit his or her application if the application that is resubmitted is postmarked on or before the date of the deadline.

     4. All evidence required by NRS 656.170 must be included with the application. The Board will not accept an application without the evidence unless the applicant receives approval from the Board before submitting his or her application.

     5. An application must include a photocopy of a picture identification of the applicant.

     6. The fee accompanying the application must be in the form of a money order, cashier’s check or certified check which is payable to the Board. If the applicant does not submit the fee in a timely manner, the Executive Secretary of the Board may deny the applicant:

     (A) Admission to the examination;

     (B) The results of his or her examination; or

     (C) A certificate.

     7. An application must be signed by the applicant under penalty of perjury and include an acknowledgment by the applicant that a misrepresentation or omission in the application may constitute a ground for denial, suspension or revocation of a certificate pursuant to NRS 656.240. The signature of the applicant attests to the accuracy of all information provided by the applicant, including, but not limited to, the information contained in the application and all other evidence and information accompanying the application.

     8. If the Board rejects an application, the Board will include a letter that explains the reason for the rejection.

     9. If the Board approves an application, the Executive Secretary of the Board shall mail to the applicant a letter of admission to the examination.

     10. An applicant may cancel his or her submission of an application and request a refund of the examination fee by submitting a written request to the Board on or before the deadline for submission of applications established by the Executive Secretary of the Board pursuant to subsection 1. If the request is submitted on or before the deadline for submission of applications, the Executive Secretary of the Board shall cancel the applicant’s application and refund the examination fee to the applicant. The Executive Secretary of the Board shall not refund an examination fee if the request for a refund is submitted after the deadline for submission of applications.

     11. An applicant may cancel his or her submission of an application and request that the Board apply the applicant’s examination fee to the immediately succeeding examination by submitting a written request to the Board after the deadline for submission of applications established by the Executive Secretary of the Board pursuant to subsection 1 but before the date of the examination. If the request is submitted after the deadline for submission of applications but before the date of the examination, the Executive Secretary of the Board shall cancel the applicant’s application and apply the applicant’s examination fee to the immediately succeeding examination.

     12. An applicant who is unable to take the examination because of an emergency may submit a written request to the Board not later than 15 days after the date of the examination requesting that the Board apply the applicant’s examination fee to the immediately succeeding examination. The request must include documented proof of the emergency. If the Board grants the applicant’s request, the Executive Secretary of the Board shall apply the applicant’s examination fee to the immediately succeeding examination.

     13. As used in this section, “emergency” means a sudden or unforeseen circumstance that makes it impractical or impossible for the applicant to take the examination and includes, without limitation, an illness or injury to the applicant or an injury to or the illness or death of a family member of the applicant.

     (Added to NAC by Cert. Court Reporters’ Bd. By R120/97, eff. 4/13/98; A by R101/03, 2/18/2004; R075/10, 6/30/2010; R072/12, 4/5/2013)

     NAC 656.110 Examination: Purpose. (NRS 656.130, 656.160) The Board declares that the purpose for the examination that is required pursuant to NRS 656.160 is to ensure that the persons whom the Board certifies as court reporters possess the standard of competence and integrity in the practice of court reporting that is required to protect the public interest.

     (Added to NAC by Cert. Court Reporters’ Bd. By R120/97, eff. 4/13/98)

     NAC 656.120 Examination: Administration. (NRS 656.130, 656.160)

     1. The Executive Secretary of the Board shall assign a unique identification number to each application that is approved by the Board. An applicant must register on the day of the examination by presenting the original of the photo identification that accompanied his or her application and by signing the sheet for registration provided by a member of the staff of the Board. A member of the Board or a member of the staff of the Board will open the examination room on the day of the examination for registration. A member of the Board or a member of the staff of the Board will provide a seat for the applicant in the examination room according to the identification number that is assigned to his or her application.

     2. A member of the Board or a member of the staff of the Board shall give oral instructions and remarks of introduction immediately before administering the examination. Unless special arrangements are made pursuant to subsection 8 or 9, all applicants must register and be present for the oral instructions and remarks of introduction.

     3. Each applicant must be on time to take the examination. An applicant who arrives late to take the examination:

     (A) Will be denied admission to the examination;

     (B) Forfeits any fees paid to take the examination; and

     (C) Must reregister before taking a subsequent examination.

     4. A member of the Board or a member of the staff of the Board will administer the examination. The name of the applicant or the applicant’s identification number, or both, must not be written or otherwise appear on the examination provided by the Board.

     5. The examination of an applicant and all other material relating to the examination must not be removed from the examination room during the administration of the examination. If an applicant removes the examination or material relating to the examination, the Board will fail the applicant for the purposes of the current application and will, if deemed appropriate by the Board, disqualify the applicant from participation in future examinations. After an applicant completes the examination, the applicant must return the examination and material to the registration desk.

     6. An applicant shall not:

     (A) Ask questions during the examination except for questions that are necessary for clarification of the examination; or

     (B) Leave the room in which the examination is administered without permission from a person who is monitoring the examination or a member of the staff of the Board who is present at the registration desk.

     7. An applicant must bring to the examination room a pen or pencil. The Board will not provide any equipment.

     8. Upon the written request of an applicant with a disability at least 10 working days before the examination, the Executive Secretary of the Board shall make special arrangements for the administration of the examination to the applicant if those arrangements are:

     (A) Feasible;

     (B) Reasonable; and

     (C) In compliance with the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 to 12213, inclusive.

     9. Upon the request of an applicant whose religious beliefs prevent the applicant from taking the examination on the date of the examination, the Executive Secretary of the Board shall make special arrangements for the administration of the examination to the applicant if the request is made before the date of the examination.

     10. If an applicant cheats on the examination, a member of the Board or a member of the staff of the Board will expel the applicant from the examination room and fail the applicant.

     11. Questions concerning the administration, procedure or content of the examination must be submitted in writing to the Board.

     (Added to NAC by Cert. Court Reporters’ Bd. By R120/97, eff. 4/13/98; A by R101/03, 2/18/2004; R029/07, 10/31/2007; R030/09, 10/27/2009; R005/11, 12/30/2011; R072/12, 4/5/2013; R099/16, 6/21/2017; R112/17, 2/27/2018)

     NAC 656.130 Examination: Administration and contents; use of materials prohibited. (NRS 656.130, 656.160)

     1. After the presentation of the oral instructions and remarks of introduction by a member of the Board, the Board will provide for the administration of the examination. Unless special arrangements are made pursuant to subsection 8 of NAC 656.120, the Board will give an applicant 1 hour and 45 minutes to complete and submit the examination to the Board or a member of the staff of the Board. A grade of at least 70 percent is required to pass the examination.

     2. The examination consists of not less than 150 and not more than 200 questions that test the knowledge of the applicant in:

     (A) Vocabulary;

     (B) Punctuation;

     (C) Grammar;

     (D) Spelling;

     (E) Medical terminology;

     (F) Legal terminology;

     (G) The applicable laws, regulations, and court and procedural rules governing the practice of court reporting in this State; and

     (H) Any other subject relating to the duties of a court reporter specified by the Board.

The Executive Secretary of the Board shall include material to prepare for the examination in the letter of admittance to the examination mailed to the applicant.

     3. An applicant shall not refer to or otherwise use books, papers or other material during the examination. All books, papers and other such material must be placed on the floor during the examination.

     (Added to NAC by Cert. Court Reporters’ Bd. By R120/97, eff. 4/13/98; A by R101/03, 2/18/2004; R030/09, 10/27/2009; R005/11, 12/30/2011; R072/12, 4/5/2013; R112/17, 2/27/2018)

     NAC 656.150 Certification and notice of results of examination; submission of application for certificate by successful applicant. (NRS 656.130, 656.155, 656.160, 656.180)

     1. Not more than 8 weeks after the administration of the examination, the Board will, at a public meeting held for that purpose, certify the score of each applicant who took the examination. As soon as practicable after conducting the public meeting, the Board will provide official written notice to each applicant of the results of the examination of the applicant. The results of an examination must not be given to an applicant by telephone.

     2. After the Board provides official notice of the results of the examination, a successful a...