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Rule 6. Formal Proceedings, How Commenced

Oklahoma Statutes AnnotatedTitle 20. Courts

Oklahoma Statutes Annotated
Title 20. Courts (Refs & Annos)
Chapter 20. Appendix 2. Rules Governing Disciplinary Proceedings of the State Board of Examiners of Certified Shorthand Reporters (Refs & Annos)
T. 20, Ch. 20, App. 2, Rule 6
Rule 6. Formal Proceedings, How Commenced
a. Upon an affirmative vote of the Board to commence formal disciplinary proceedings, the Secretary of the Board shall prepare a formal complaint. The formal complaint shall be styled:
BEFORE THE STATE BOARD OF EXAMINERS OF CERTIFIED SHORTHAND REPORTERS
The State of Oklahoma ex rel. State Board
of Examiners of Certified Shorthand Reporters,
Complainant,
No.
v.
(Name of Accused),
Respondent,
COMPLAINT
The complaint shall state the specific facts constituting the alleged misconduct, whether prior misconduct has resulted in discipline, and whether prior investigations of misconduct are to be relied upon to enhance discipline. Any prior acts or conduct relied upon to enhance discipline shall be so stated and set forth by specific allegation of fact. The complaint shall be attested by the Chairman of the Board.
b. Should the complaint allege as grounds for discipline the final conviction of a court reporter, in any jurisdiction, of a criminal offense which indicates a clear and rational likelihood that the court reporter will not properly discharge his or her duties and responsibilities as a certified shorthand reporter, there shall be attached thereto a certified copy of the indictment or information, and a certified copy of the judgment and sentence on a plea of guilty, order deferring judgment and sentence, or judgment and sentence of conviction. Such documents, regardless of the pendency of an appeal, shall constitute the charge and be conclusive evidence of the commission of the crime upon which the judgment is based and shall suffice as the basis for discipline in accordance with these rules. Thereafter, the issues in a formal proceeding shall be limited to whether the conviction demonstrates a clear and rational likelihood that the court reporter will not properly discharge his or her duties and responsibilities,and the nature and extent of discipline to be imposed.
1. If an appeal is perfected from the judgment of conviction and such judgment is reversed, the disciplinary proceedings based on such conviction shall be dismissed immediately and the court reporter involved restored to his/her former status.
2. Conviction in a criminal proceeding is not a condition precedent to the imposition of discipline. Nothing contained herein shall prevent the Board from initiating and conducting formal disciplinary proceedings upon charges identical to those set forth in a criminal complaint, indictment, or information, notwithstanding the pendency or final disposition of the criminal action.
c. The Secretary of the Board shall cause the complaint together with notice of a hearing before the Board thereon to be sent to the court reporter involved. The hearing before the Board shall be set no earlier than thirty (30) days from the date of mailing of the complaint and notice. The Chairman of the Board may, in his or her discretion, grant continuances for good cause known.
c. Upon receipt of sufficient evidence that a court reporter has engaged in conduct indicating that he or she is unfit to practice court reporting, and where such conduct poses an immediate threat of public harm, the Board may, in its discretion, request the Supreme Court to order the immediate interim suspension of that court reporter. In its order of interim suspension, the Court shall direct the court reporter to appear before the Board at a time certain, to show cause why the order of interim suspension should be set aside. Upon good cause shown, the Board may request the Court to set aside its order of interim suspension when it appears to be in the interest of justice to do so, with due regard being given to maintaining the integrity of and confidence in the court reporting profession.
d. Upon written request made not less than fifteen (15) days prior to the hearing date, the court reporter respondent shall be provided with a list of all witnesses the Board reasonably anticipates may be called to testify at the hearing and copies of all documentary evidence supporting the allegations of the complaint. (These will be provided by the Attorney General or an Assistant Attorney General, not less than ten (10) days prior to the hearing date.) The court reporter respondent, not less than five (5) days prior to the hearing, shall submit a list of all witnesses the respondent anticipates may be called to testify at the hearing and all documentary evidence the court reporter intends to introduce as evidence in defense of the charges in the complaint or as to mitigation of discipline. The Board may in its discretion and for good cause shown modify the time limits herein imposed.

Credits

Amended December 6, 2003, effective January 1, 2004; November 12, 2009, effective January 1, 2010.
Disciplinary Proceedings of Shorthand Reporters Rule 6, 20 O. S. A. Ch. 20, App. 2, OK ST RPTR DISC Rule 6
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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