CHAPTER 400l
SHORTHAND REPORTERS

      Sec. 20-650. Definitions. As used in sections 20-650 to 20-656, inclusive, unless the context otherwise requires:

      (1) "Board" means the State Board of Examiners of Shorthand Reporters appointed under the provisions of section 20-651;

      (2) "Licensed shorthand reporter" means any person who holds a license to practice shorthand reporting in this state under the authority of sections 20-650 to 20-656, inclusive; and

      (3) "Shorthand reporting" means making a verbatim record of the spoken word by the use of written symbols, either manually or by the use of a stenotype machine or computer aided stenotype transcription machine, for the purpose of reporting arbitration proceedings, administrative hearings, depositions, or other proceedings or matters for the use of the courts of this state.

      (P.A. 97-166, S. 1.)

      See Sec. 51-74 re definitions of "shorthand notes", "stenographic notes" and "official notes".

      Sec. 20-651. State Board of Examiners of Shorthand Reporters. (a) There is established within the Department of Consumer Protection the State Board of Examiners of Shorthand Reporters. The board shall be composed of six members as follows: (1) One attorney admitted to practice law in this state and in good standing to be appointed by the Governor from a list submitted by the Executive Board of the Connecticut Bar Association; (2) two members of the public to be appointed by the Governor; and (3) three shorthand reporters to be appointed by the Governor from a list submitted by the Connecticut Court Reporters Association, provided, all persons appointed under this subdivision after the expiration of the terms of the initial members selected shall be licensed shorthand reporters.

      (b) Notwithstanding the provisions of subsection (c) of section 4-9a, the members of the board shall hold office for staggered terms. The initial members selected shall serve as follows: (1) The attorney appointed from the list submitted by the Executive Board of the Connecticut Bar Association shall hold office for one year; (2) each public member shall hold office for three years; and (3) one shorthand reporter shall hold office for one year and the other two shorthand reporters shall hold office for two years, as designated by the Governor. Following the expiration of such initial terms, each subsequent appointee shall hold office for a term of three years. Any vacancy shall be filled by the appointing authority for the unexpired portion of the term of the member replaced. Notwithstanding the provisions of subsection (a) of section 4-9a, the board shall elect one member as chairperson and one member as secretary. The board shall keep a true and complete record of all proceedings.

      (c) The board shall supervise the examination, licensing and conduct of licensed shorthand reporters engaged in reporting proceedings or matters for the use of the courts of this state. In the event of a conflict between the provisions of sections 20-650 to 20-656, inclusive, or any regulation adopted pursuant to subsection (d) of section 20-654, and the provisions of chapter 874, the provisions of chapter 874 shall govern.

      (P.A. 97-166, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1.)

      History: June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 20-652. License required for use of title and practice of shorthand reporting. Exception. On and after January 1, 1999, no person shall use the title "shorthand reporter", "court reporter" or similar designation, or display or use any words, letters, figures, title, advertisement or other device to indicate that such person is a shorthand reporter, or engage in the practice of shorthand reporting for compensation in this state, unless such person is licensed in accordance with the provisions of sections 20-650 to 20-656, inclusive, except as provided in section 20-655.

      (P.A. 97-166, S. 3.)

      Sec. 20-653. Application for licensure. Fees. (a) Any person seeking a license under the provisions of sections 20-650 to 20-656, inclusive, shall apply to the board in writing on a form provided by the board. Such application shall include the applicant's name, residence address, business address and such other information as the Commissioner of Consumer Protection may require by regulation adopted in accordance with chapter 54 upon the recommendation of the board.

      (b) Each application for a license under the provisions of sections 20-650 to 20-656, inclusive, shall be accompanied by a nonrefundable application fee of one hundred dollars and a license fee of one hundred ninety dollars. The fee for the renewal of any license issued under the provisions of sections 20-650 to 20-656, inclusive, shall be one hundred ninety dollars.

      (P.A. 97-166, S. 4; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; June Sp. Sess. P.A. 09-3, S. 274.)

      History: June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; June Sp. Sess. P.A. 09-3 amended Subsec. (b) to increase fees.

      Sec. 20-654. Examination. Licenses. Renewal. Continuing education. Regulations. (a) No person shall receive a license under the provisions of sections 20-650 to 20-656, inclusive, until such person has passed an examination which shall be substantially similar to the examination of the National Court Reporters Association, or has submitted evidence satisfactory to the board that such person is a Registered Professional Reporter of the National Court Reporters Association or its equivalent.

      (b) If the applicant satisfies the requirements of this section, upon payment of the fee required by section 20-653, the board shall authorize the Department of Consumer Protection to issue a license to the applicant, showing that the person named in such license is entitled to engage in the practice of shorthand reporting in this state in accordance with the provisions of sections 20-650 to 20-656, inclusive. Notwithstanding the provisions of subsection (b) of section 21a-10, any such license shall be valid for a period of three years.

      (c) Any license issued under the provisions of sections 20-650 to 20-656, inclusive, upon payment of the fee required by section 20-653, may be renewed for a period of three years. As a condition of any such renewal, the licensee shall furnish evidence satisfactory to the board that the licensee has completed not less than thirty continuing education credits since receipt of the initial license or the previous license renewal. The Commissioner of Consumer Protection shall, by regulation adopted in accordance with chapter 54 and upon the recommendation of the board, establish requirements for (1) the continuing education of licensed shorthand reporters; (2) the form and content of the examination shorthand reporters are required to pass to satisfy the licensure requirements set forth in subsection (a) of section 20-654; and (3) such other matters as the commissioner deems necessary to carry out the purposes of this chapter.

      (P.A. 97-166, S. 5; P.A. 99-194, S. 2; P.A. 02-82, S. 9; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d); P.A. 04-169, S. 17; 04-189, S. 1.)

      History: P.A. 99-194 amended Subsec. (c) to require commissioner to adopt regulations re form and content of shorthand reporter examination in new Subdiv. (2) and re any other matter commissioner deems necessary in new Subdiv. (3); P.A. 02-82 amended Subsec. (a) by deleting examination waiver provision re persons actively engaged in practice of shorthand reporting in this state before October 1, 1997; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      Sec. 20-655. Exemptions. The provisions of sections 20-650 to 20-656, inclusive, do not apply to: (1) Any person who is employed by this state as a court reporter or shorthand reporter, whether compensated on a salary or a per diem basis, but only to the extent such person performs such court reporting or shorthand reporting in the course of such person's employment with the state; and (2) any person who is employed by the United States as a court reporter for the federal courts located in this state.

      (P.A. 97-166, S. 6; P.A. 99-194, S. 3.)

      History: P.A. 99-194 expanded exemption to include shorthand reporters employed with the state and added provision limiting exemption to the extent the person performs court reporting or shorthand reporting in the course of employment with the state.

      Sec. 20-656. Suspension or revocation of license. Reinstatement. Display of license number. Civil penalty. (a) The board, after a hearing conducted in accordance with chapter 54 and regulations adopted pursuant to subsection (a) of section 21a-9, may suspend or revoke the license of a shorthand reporter if the holder of such license: (1) Has been convicted of a felony, subject to the provisions of section 46a-80, or (2) has been found by the board to have: (A) Knowingly made a false, misleading or deceptive representation relating to his or her work as a shorthand reporter, or (B) violated any regulation adopted pursuant to this chapter.

      (b) Any person who has had a license suspended or revoked pursuant to subsection (a) of this section may reapply to the board for reinstatement of such person's license immediately after the license suspension period has elapsed or not earlier than ninety days after the license has been revoked.

      (c) In addition to any action that may be taken by the board pursuant to subsection (a) of this section or subsection (c) of section 21a-9, the board may suspend or revoke the license of a shorthand reporter under subdivision (7) of section 21a-7 for:

      (1) Failing to deliver a transcript to a client or a court in a timely manner;

      (2) Producing an incomplete transcript, except upon the order of a court, agreement of the parties or request of a party;

      (3) Failing to charge all parties or their attorneys the same rate for like services performed in a proceeding, including any charge for a copy of the transcript;

      (4) Failing to notify all parties or their attorneys of a request for all or part of a transcript in sufficient time for copies to be prepared and delivered to such parties or attorneys simultaneously with the delivery of the original request;

      (5) (A) Giving, directly or indirectly, any gift, incentive, reward or other thing of value to an attorney, the attorney's clients, or the representatives or agents of such attorney or clients, or (B) directly or indirectly benefiting from or being employed as a result of any gift, incentive, reward or other thing of value given by any person to an attorney, the attorney's clients, or the representatives or agents of such attorney or clients;

      (6) The reporting of any proceeding where the licensed shorthand reporter is a relative of a party to the proceeding or an attorney representing a party to the proceeding within the second degree by affinity or consanguinity;

      (7) The reporting of any proceeding where the licensed shorthand reporter has a financial interest in the proceeding or is associated with a firm which has a financial interest in the proceeding; or

      (8) Producing a materially inaccurate transcript.

      (d) A shorthand reporter licensed pursuant to this chapter shall display his or her shorthand reporter license number on any business card, stationery, transcript, advertisement or other document used by such reporter and pertaining to his or her practice of shorthand reporting.

      (e) The board may, after a hearing conducted in accordance with chapter 54 and regulations adopted pursuant to subsection (a) of section 21a-9, impose a civil penalty of not more than one thousand dollars on any person who violates any provision of this chapter or any regulation adopted pursuant to this chapter or impose such civil penalty on any person who wilfully employs or supplies for employment or as an independent contractor a person who engages in the practice of shorthand reporting in this state in violation of section 20-652.

      (P.A. 97-166, S. 7; P.A. 08-81, S. 1.)

      History: P.A. 08-81 added Subsec. (a) re conditions for revocation or suspension of license by board, added Subsec. (b) re reapplication for license reinstatement, designated existing provisions as Subsec. (c) and amended same to add reference to Subsec. (a) and add Subdiv. (8) re producing a materially inaccurate transcript, added Subsec. (d) re license number display and added Subsec. (e) re civil penalty.

      Secs. 20-657 to 20-659. Reserved for future use.