NEW JERSEY REGISTER
VOLUME 36, NUMBER 5
MONDAY, MARCH 1, 2004
RULE ADOPTION

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF SHORTHAND REPORTING
STATE BOARD OF SHORTHAND REPORTING RULES


Readoption with Amendments: N.J.A.C. 13:43

Proposed: September 2, 2003 at 35 N.J.R. 4040(b).

Adopted: January 12, 2004 by the State Board of Shorthand Reporting, Marianne Cammarota, President.

Filed: January 23, 2004 as R.2004 d.83, with technical changes not requiring additional public notice and comment (see N.J.A.C. 1:30-6.3).

Authority: N.J.S.A. 45:15B-1.

Effective Dates: January 23, 2004, Readoption;
March 1, 2004, Amendments.
Expiration Date: January 23, 2009.

Summary of Public Comment and Agency Response:

No comments were received.

Summary of Agency-Initiated Changes:

On adoption, the heading of Subchapter 3A has been amended to reflect its applicability to reinstating certificates and the deletion of the word "biennial."

Federal Standards Statement

A Federal standards analysis is not required because the rules readopted with amendments are governed by N.J.S.A. 45:15B-1 and are not subject to any Federal requirements or standards.

Full text of the readoption can be found in the New Jersey Administrative Code at N.J.A.C. 13:43.

Full text of the adopted amendments follows :

<<NJ ADC 13:43-2.1 >>

13:43-2.1 Eligibility for certification as a certified shorthand reporter

(a) In order to qualify for certification as a certified shorthand reporter, an applicant shall:

1.-3. (No change.)

4. Have submitted a completed application form to the Board not less than three weeks before the date of the examination required in (a)6 below;

5. Paid the application fee set forth in N.J.A.C. 13:43-6.1;

Recodify existing 7.-8. as 6.-7. (No change in text.)

(b) An applicant who possesses a Registered Professional Reporter (RPR) Certification issued by the National Court Reporters Association shall successfully complete the four-voice section of the certification examination required by (a)6 above and maintain current RPR Certification in good standing to become certified by the Board.

<<NJ ADC 13:43-3.2 >>

13:43-3.2 Eligibility for certification as a certified shorthand realtime reporter

(a) In order to be eligible for certification as a realtime reporter, an applicant shall:

1.-2. (No change.)

3. Submit the application fee set forth in N.J.A.C. 13:43-6.1;

4.-5. (No change.)

SUBCHAPTER 3A. <<-BIENNIAL->> CERTIFICATE RENEWAL; INACTIVE STATUS<<+; REINSTATEMENT+>>

<<NJ ADC 13:43-3A.1 >>

13:43-3A.1 Certificate renewal

(a) All certificates issued by the Board shall be issued for a two-year biennial renewal period. A certificate holder who seeks renewal of the certificate shall submit a certificate renewal application and the certificate renewal fee set forth in N.J.A.C. 13:43-6.1 prior to the expiration date of the certificate.

(b) Renewal applications shall provide the applicant with the option of either active or inactive status. A certificate holder electing inactive status shall pay the inactive license fee set forth in N.J.A.C. 13:43-6.1, and shall not engage in the practice of shorthand reporting.

(c) If the certificate holder does not renew the certificate prior to its expiration date, the certificate holder may renew it within 30 days of its expiration by submitting a renewal application, a renewal fee and a late fee, as set forth in N.J.A.C. 13:43-6.1.

(d) A certificate that is not renewed within 30 days of its expiration shall be automatically suspended. An individual who continues to practice with a suspended certificate shall be deemed to be engaged in unlicensed practice.

<<NJ ADC 13:43-3A.2 >>

13:43-3A.2 Change of certification status: inactive to active

(a) A certificate holder, upon application to the Board, may change from inactive to active status upon payment of the renewal fee as set forth in N.J.A.C. 13:43-6.1.

(b) A certificate holder on inactive status from two to five years shall complete 15 credits of continuing education.

(c) A certificate holder who has been on inactive status for a period of five or more years shall take an examination that has been determined by the Board to test the applicant's ability to practice shorthand reporting.

<<NJ ADC 13:43-3A.3 >>

13:43-3A.3 Reinstatement of suspended certificate.

(a) An individual whose certificate has been automatically suspended for failure to renew as provided by N.J.A.C. 13:43-3A.1(d) may be reinstated by the Board, provided the applicant otherwise qualifies for certification pursuant to N.J.A.C. 13:43-2.1 and 3.1, and submits a completed reinstatement application and one of the following to the Board:

1. Certification of licensure or certification in good standing from any other state or jurisdiction in which the applicant has practiced shorthand reporting during the period the certificate was suspended in this State;

2. Certification by the applicant stating that he or she has practiced shorthand reporting in a state or jurisdiction which does not require certification or licensure, during the period the certificate was suspended in this State; or

3. Certification stating that the applicant has not practiced shorthand reporting, in this or any other jurisdiction during the period the certificate was suspended in this State.

(b) An individual who has practiced shorthand reporting in the manner described in (a)1 or 2 above shall submit written verification, on a form provided by the Board, from all of the applicant's employers. The verification shall document dates of employment from the date the New Jersey certificate was suspended to the date of application for reinstatement, and the name, address and telephone number of each employer.

(c) An individual whose certificate has been automatically suspended for failure to renew as provided by N.J.A.C. 13:43-3A.1(d) for a period of two to five years shall complete 15 credits of continuing education.

(d) An individual whose certificate has been automatically suspended for a period of more than five years shall successfully complete the examination required for initial licensure as set forth in N.J.A.C. 13:43-4.1.

(e) Prior to reinstatement, an applicant shall pay a reinstatement fee and all past delinquent biennial renewal fees pursuant to N.J.A.C. 13:43-6.1.

<<NJ ADC 13:43-4.1 >>

13:43-4.1 Examinations for certification as a certified shorthand reporter; frequency; components; materials to be furnished by applicant; test materials to be surrendered to the Board; failure to complete the examination; score necessary for certification

(a) (No change.)

(b) As part of the examination, a candidate:

1. (No change.)

2. Shall be required to transcribe the dictated matter on a typewriter, word processor, or computer furnished by the candidate or in such other manner as may be approved by the Board; and

3. (No change in text.)

(c)-(d) (No change.)

<<NJ ADC 13:43-4.3 >>

13:43-4.3 Conditional credit rule

(a)-(b) (No change.)

(c) An RPR applicant who does not successfully complete the four-voice section of the next available certification examination shall be considered a conditional credit applicant for the purposes of N.J.A.C. 13:43-2.2 and shall be required to obtain a minimum score of 95 percent on the four-voice section within the next six consecutive examination periods. In the event that the RPR applicant fails to receive a passing grade on the four-voice section within the next six consecutive examination periods, the applicant shall forfeit the conditional credit and revert to the status of new applicant and shall be required to successfully complete all sections of the certification examination.

<<NJ ADC 13:43-4.4 >>

13:43-4.4 Examination for certification as a certified shorthand realtime reporter; frequency; components; process; materials to be furnished by the applicant; grading

(a)-(d) (No change.)

(e) In order for a candidate to be awarded a certificate, he or she shall attain a grade of 95 percent on the section dictated and written in realtime.

<<NJ ADC 13:43-5.1 >>

13:43-5.1 (Reserved)

<<NJ ADC 13:43-5.2 >>

13:43-5.2 (Reserved)

SUBCHAPER 6. FEES

<<NJ ADC 13:43-6.1 >>

13:43-6.1 Fee schedule

(a) The following fees shall be charged by the Board:

1.-10. (No change.)
11. Inactive license fee .... (to be determined by the Director by rule)


 
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