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Rule 9. Reinstatement after Formal Disciplinary Proceedings

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 9
Rule 9. Reinstatement after Formal Disciplinary Proceedings
Currentness
a. Any court reporter who, as a result of formal disciplinary proceedings, has been suspended by order of the Supreme Court for a period of one (1) year or less shall have his/her certificate reinstated without further proceedings before the Board upon the filing of a verified application with the Secretary of the Board, and a copy thereof with the Clerk of the Supreme Court, which shall state:
1. That the term of the suspension as ordered by the decision of the Supreme Court has expired;
2. That all costs of the formal disciplinary proceedings, including transcript costs, as well as renewal fees, have been paid by the applicant;
3. That there is not currently pending before the Board any complaint of misconduct against the applicant, and;
4. That the applicant has not engaged in the practice of court reporting during the term of suspension.
Material deletions or misrepresentations in the application shall be grounds for discipline.
b. Any court reporter who, as a result of formal disciplinary proceedings, has had his/her enrollment as a certified court reporter revoked by order of the Supreme Court may seek reinstatement by filing a verified application with the Secretary of the Board, and a copy with the Clerk of the Supreme Court, which shall state:
1. The applicant's current home and business address, together with a narrative of his/her residence and employment history during the period of revocation;
2. That the applicant has not, during the period of his/her revocation, been finally convicted of a criminal offense which indicates a clear and rational likelihood that the reporter will not properly discharge the responsibilities of a certified shorthand reporter;
3. The names of at least five (5) persons who will testify as to the good moral character of the applicant;
4. That the applicant has paid all costs of the disciplinary proceedings resulting in his/her discipline, all renewal fees and/or penalty fees due but unpaid at the time of revocation, and will pay all costs attendant to processing of his/her application for reinstatement;
5. That the applicant has not engaged in the practice of court reporting during the term of revocation; and
6. That the applicant has taken and successfully passed the examination prescribed by the Board for certification of shorthand reporters.
c. Upon receipt of an application for reinstatement pursuant to paragraph b, the Secretary of the Board shall transmit copies of said application to all members of the Board, and shall cause said application to be set for hearing before the Board. Notice of hearing on the application shall be sent to the applicant and shall be published in the Oklahoma Bar Journal and in a newspaper of general circulation in the county of the residence of the applicant and, if different, also in the county of the applicant's residence at the time of his/her cancellation or revocation. The cost of such publication shall be included in the costs to be paid by the applicant. Said notice shall be published in one (1) issue of each such periodical and shall advise interested persons when and where the hearing will be conducted.
d. The Board shall conduct a full hearing on the reinstatement application in the same manner as in conducting hearings on formal disciplinary complaints. The Board shall make its decision in writing, with findings of fact and conclusions of law as applicable. The Board's written decision shall constitute its recommendation to the Supreme Court for or against reinstatement. The written decision of the Board shall reflect the votes of the members for or against the Board's recommendation. The written decision of the Board shall constitute its recommendation to the Supreme Court for or against reinstatement.
The written decision of the Board shall be immediately transmitted to the court reporter involved, by hand-delivery or by mailing it or sending it by third-party commercial carrier for delivery within three (3) calendar days. Proof of service shall be documented, and may be made by a certificate of mailing endorsed on the written decision.
e. Within forty-five (45) days after the date of the Board's decision, the Board shall file with the Clerk of the Supreme Court the complete record of the reinstatement proceedings, which shall consist of the following:
1. The reinstatement application;
2. The Board's written decision, which constitutes its recommendation, and proof of service thereof;
3. A transcript of the reinstatement hearing; and
4. All exhibits offered at the hearing.
Unless ordered by the Supreme Court, a designation of record for appeal will not be required from the Board. An extension of time for preparation of the record may be is granted only by order of the Supreme Court, for good cause shown. The Secretary of the Board shall promptly notify the court reporter applying for reinstatement of the completion and transmittal of the record.
f. After completion and transmittal of the record, the decision and recommendations of the Board shall stand submitted to the Supreme Court which may, in its sole discretion, adopt or reject such recommendations in whole or in part, remand with instructions, request briefs from the parties, or make such other disposition as the Supreme Court may deem proper, with or without oral argument or formal written opinion. Either party aggrieved by the decision of the Supreme Court may make application for rehearing as provided by the Rules of the Supreme Court.

Credits

Adopted December 8, 2003, effective January 1, 2004. Amended November 12, 2009, effective January 1, 2010.
Disciplinary Proceedings of Shorthand Reporters Rule 9, 20 O. S. A. Ch. 20, App. 2, OK ST RPTR DISC Rule 9
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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