PART 1200 ILLINOIS CERTIFIED SHORTHAND REPORTERS ACT OF 1984 : Sections Listing

TITLE 68: PROFESSIONS AND OCCUPATIONS
CHAPTER VII: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
SUBCHAPTER b: PROFESSIONS AND OCCUPATIONS
PART 1200 ILLINOIS CERTIFIED SHORTHAND REPORTERS ACT OF 1984


AUTHORITY: Implementing the Illinois Certified Shorthand Reporters Act of 1984 [225 ILCS 415] and authorized by Section 2105-15(7) of the Civil Administrative Code of Illinois [20 ILCS 2105].

SOURCE: Adopted at 5 Ill. Reg. 7518, effective July 2, 1981; codified at 5 Ill. Reg. 11024; emergency amendment at 6 Ill. Reg. 916, effective January 6, 1982, for a maximum of 150 days; amended at 6 Ill. Reg. 7448, effective June 15, 1982; emergency amendments at 8 Ill. Reg. 672, effective January 1, 1984, for a maximum of 150 days; amended at 8 Ill. Reg. 16443, effective August 29, 1984; amended at 11 Ill. Reg. 14073, effective August 5, 1987; recodified from Chapter I, 68 Ill. Adm. Code 200 (Department of Registration and Education) to Chapter VII, 68 Ill. Adm. Code 1200 (Department of Professional Regulation) pursuant to P.A. 85-225, effective January 1, 1988, at 12 Ill. Reg. 2917; amended at 12 Ill. Reg. 16718, effective September 30, 1988; amended at 13 Ill. Reg. 18865, effective November 21, 1989; amended at 16 Ill. Reg. 3169, effective February 18, 1992; amended at 19 Ill. Reg. 940, effective January 17, 1995; amended at 23 Ill. Reg. 7102, effective June 4, 1999; amended at 27 Ill. Reg. 9026, effective May 27, 2003; amended at 38 Ill. Reg. 19662, effective October 10, 2014; amended at 45 Ill. Reg. 2785, effective March 1, 2021.

 

Section 1200.20  Application for Examination/Licensure

 

a)         An applicant for examination/licensure shall file an application on forms supplied by the Department of Financial and Professional Regulation-Division of Professional Regulation (Division) at least 60 days prior to an examination date.  The application shall include:

 

1)         Certification of graduation from high school or its equivalent;

 

2)         Either:

 

A)        An Affidavit of Ability, signed by an official of a shorthand reporter school,  stating that the applicant has successfully completed a verbatim record of unfamiliar testimony dictated for 5 minutes at a minimum speed of 225 words per minute with at least 94% accuracy; or

 

B)        Proof that the applicant possesses at least minimum competency skills to sit for the examination, as recommended by the Certified Shorthand Reporters Board of Examiners (Board) and approved by the Division. In determining competency the Board shall review the applicant's education, training and/or experience (such as practicing with a restricted license in the court system pursuant to Section 6 of the Act or practice in another jurisdiction); and

 

3)         The required application and examination fees specified in Section 1200.50.

 

b)         An applicant who submits an official copy of a Registered Merit Reporter or a Registered Professional Reporter certificate by examination issued by the National Shorthand Reporters Association shall not be required to sit for the examination. The Division, upon recommendation of the Board, has determined that the examinations given by the National Shorthand Reporters Association are equivalent to the examination set forth in Section 1200.30.

 

(Source:  Amended at 38 Ill. Reg. 19662, effective October 10, 2014)

 

Section 1200.30  Examinations

 

a)         The examination for certification as a certified shorthand reporter shall be administered by the Division or its designated testing service.

 

1)         Written Knowledge Examination.  The written examination is given to determine the applicant's competency and ability:

 

A)        To understand the English language, including reading, spelling and the applicant's knowledge of day to day vocabulary, as well as medical, legal and technical vocabulary, without the use of a dictionary;

 

B)        To accurately report any of the matters comprising the practice of shorthand reporting as defined in the Illinois Certified Shorthand Reporters Act of 1984 [225 ILCS 415] (the Act), by the use of any system of manual or mechanical shorthand or shorthand writing;

 

C)        To clearly understand the obligations between a shorthand reporter and the parties to any proceedings reported; and

 

D)        To understand the provisions of the Act.

 

2)         Dictation Examination

 

A)        This portion of the examination shall consist of the following parts:

 

i)          General dictation at 200 words per minute for 5 minutes with an allowance of 50 errors.  (Definition: spoken words presented in court proceedings, depositions, arbitrations, speeches and hearings).

 

ii)         Testimony, 2 voice, 225 words per minute for 5 minutes with an allowance of 57 errors.

 

B)        Transcription.  Upon completion of both parts of the Dictation Examination, the applicant shall transcribe both parts in double-spaced form.

 

C)        The applicant shall be allowed an aggregate of three hours to complete all transcription.  Those retake applicants required to transcribe only one part of the Dictation Examination shall be allowed one and one-half hours.

 

b)         Grading of the Examination

 

1)         The passing score on the Written Knowledge Examination set forth in subsection (a)(1) of this Section is 75% or better.

 

2)         An applicant shall pass the Dictation Examination set forth in subsection (a)(2) of this Section if he/she successfully transcribes within the given time periods set forth in subsections (b)(2)(A) and (B):

 

A)        200 words per minute for 5 minutes with 50 errors or fewer on the general dictation part; and

 

B)        225 words per minute for 5 minutes with 57 errors or fewer on the 2 voice testimony.

 

3)         In scoring the Dictation Examination, "Q" representing question and "A" representing answer shall not be counted as words in the testimony portion; however, such signs must appear in proper order in the transcript.

 

4)         Applicants who fail a portion of an examination will be required to retake within a period of three years only the portion or dictation part of the examination they did not pass.

 

c)         Required Supplies for the Examination

 

1)         Each applicant must supply his/her own bound dictionary, pens, pencils, stenographic machine, erasers, stenograph paper, and notebooks or note paper.  The use of only one dictionary per person is permitted. Computers shall be supplied at the location of the examination.

 

2)         Applicants shall not be permitted to use tape recorders or other electronic recording devices during the examination sessions.

 

3)         Typing paper will be provided.

 

d)         The provisions of this Section shall apply to applicants upon adoption without regard to where the applicant is in the application process.

 

e)         An applicant for licensure who possesses an active Registered Professional Reporter certificate by examination or a Registered Merit Reporter certificate issued by the National Court Reporters Association shall not be required to sit for the examination. The Division, upon recommendation of the Board, has determined that the Registered Professional Reporter and Registered Merit Reporter examinations are equivalent to the examination administered by the Division.

 

(Source:  Amended at 38 Ill. Reg. 19662, effective October 10, 2014)

 

Section 1200.35  Renewals

 

a)         Every certificate of registration issued under the Act shall expire on May 31 of each odd numbered year.  The holder of a certificate of registration may renew such certificate during the month preceding the expiration date thereof by paying the required fee.

 

b)         It is the responsibility of each registrant to notify the Division of any change of address. Failure to receive a renewal form from the Division shall not constitute an excuse for failure to pay the renewal fee.

 

(Source:  Amended at 38 Ill. Reg. 19662, effective October 10, 2014)

 

Section 1200.40  Restoration

 

a)         A person seeking restoration of a certificate after it has expired or has been placed on inactive status for more than 5 years shall file an application with the Division, together with the required fees specified in Section 1200.50.  In order to restore a license, a person shall submit proof of 10 hours of continuing education completed within 2 years before restoration in accordance with Section 1200.75. The applicant shall also submit one of the following:

 

1)         Certification of current licensure from another jurisdiction completed by the appropriate board or licensure authority;

 

2)         Affidavits from 2 members of the bench or bar attesting to the applicant's active practice of shorthand reporting in a state that does not require licensure for at least one year immediately prior to the date of application;

 

3)         An affidavit attesting to military service as provided in Section 14 of the Act; or

 

4)         Other proof acceptable to the Division of the applicant's fitness to have the certificate restored.

 

b)         A registrant seeking restoration of a certificate that has expired for less than 5 years shall have the certificate restored upon payment of $10 plus all lapsed renewal fees required by Section 1200.50. After May 31, 1997, in order to restore a license, a person shall submit proof of 10 hours of continuing education completed within 2 years before restoration in accordance with Section 1200.75.

 

c)         When the accuracy of any submitted documentation or the relevance or sufficiency of the coursework or experience is questioned by the Division or the Board because of lack of information, discrepancies or conflicts in information given or a need for clarification, the person seeking restoration of a license shall be requested to:

 

1)         Provide such information as may be necessary; and/or

 

2)         Appear for an interview before the Board to explain such relevance or sufficiency, clarify information or clear up any discrepancies or conflicts in information. Upon the recommendation of the Board and approval of the Division, an applicant shall have the license restored.

 

(Source:  Amended at 38 Ill. Reg. 19662, effective October 10, 2014)

 

Section 1200.45  Endorsement

 

a)         An applicant who is licensed under the laws of another jurisdiction shall file an application with the Division, together with:

 

1)         a certification from the licensing authority of the jurisdiction stating:

 

A)        The time during which the applicant was licensed in that jurisdiction;

 

B)        Whether the file on the applicant contains any record of any disciplinary actions taken or pending; and

 

C)        A brief description of the examination taken and the grades received.  The brief description shall include the speeds of dictation, the percentage of accuracy to pass and the contents of the written knowledge test; and

 

2)         a copy of the statute and rules from the state of original licensure that were in effect at the time of licensure.

 

b)         The applicant may be required to appear for an oral interview:

 

1)         To clarify or explain information contained in the submitted documentation;

 

2)         To provide additional documentation or information as requested by the Division;

 

3)         To determine substantial equivalence of the applicant's qualifications to the licensing requirements in this State.

 

(Source:  Amended at 38 Ill. Reg. 19662, effective October 10, 2014)

 

Section 1200.50  Fees for the Administration of the Act

 

The following fees shall be paid to the Department for the administration of the Act and shall be nonrefundable.

 

a)         Application Fees

 

1)         The fee for application and for a certificate as a certified shorthand reporter is $25.  In addition, the applicants may be required to pay the Department, or its designated testing service, a fee for the cost of providing the examination.

 

2)         The fee to be paid for a certificate issued at the request of the Director of the Administrative Office of the Courts as set forth under Section 6 of the Act is $35.

 

3)         The fee for application as a continuing education sponsor is $300. State agencies, State colleges and State universities in Illinois shall be exempt from this fee.

 

b)         Renewal Fees

 

1)         The fee for the renewal of a certificate shall be calculated at the rate of $20 per year.

 

2)         The fee for the renewal as a continuing education sponsor shall be calculated at the rate of $50 per year.

 

c)         General Fees

 

1)         The fee for placing a certificate on inactive status is $20.

 

2)         The fee for restoration of a certificate from inactive status is the current renewal fee.

 

3)         The fee for restoration of a certificate from other than inactive status is $50 plus all lapsed renewal fees, not to exceed $150.

 

4)         The fee for certification of a license record is $20.

 

5)         The fee for a wall certificate shall be the actual cost of producing the certificate.

 

6)         The fee for the issuance of a duplicate certificate, for the issuance of a replacement certificate, or for the issuance of a license with a change of name or address other than during the renewal period is $20. No fee is required for name and address changes on Division records when no duplicate license is issued.

 

7)         The fee for a roster of certificate holders is the cost of producing the roster.  The cost of producing the roster shall be determined in accordance with the following formula:  Total number of registrants in the list requested divided by 1000 multiplied by the Multiplier, plus Fixed Costs (such as personnel and handling) = Total Roster Cost.

 

(Source:  Amended at 38 Ill. Reg. 19662, effective October 10, 2014)

 

Section 1200.60  Annual Report of Board (Repealed)

 

(Source:  Repealed at 38 Ill. Reg. 19662, effective October 10, 2014)

 

Section 1200.70  Conduct of Hearings

 

Any hearing conducted by the Division pursuant to Section 23.2 of the Act shall be conducted in accordance with the Division's Rules of Practice in Administrative Hearings (68 Ill. Adm. Code 1110).

 

(Source:  Amended at 38 Ill. Reg. 19662, effective October 10, 2014)

 

Section 1200.75  Continuing Education

 

a)         Continuing Education (CE) Requirements

 

1)         Beginning with the May 31, 1997, renewal and every renewal thereafter, every registrant who applies for renewal of a certificate of registration as a certified shorthand reporter shall complete during the prerenewal period 10 hours of CE relevant to the practice of shorthand reporting.

 

2)         A prerenewal period is the 24 months preceding May 31 of each odd-numbered year.

 

3)         A CE hour means a minimum of 50 minutes of actual clock time spent by a registrant in attendance at and completion of an approved CE activity. After completion of the initial CE hour, credit may be given in one-half hour increments.  Attendance means participation in either in-person or online activities or programs.

 

4)         A renewal applicant shall not be required to comply with CE requirements for the first renewal of an Illinois certificate of registration.

 

5)         Shorthand reporters registered in Illinois but residing and practicing in other states shall comply with the CE requirements set forth in this Section.

 

b)         How to Acquire CE Credits

 

1)         CE hours may be earned from:

 

A)        Verified attendance at or participation in a program, activity or course through the National Court Reporters Association.

 

B)        Verified attendance (e.g., certificate of attendance or certificate of completion) at or participation in a program, activity or course ("program") presented by a CE sponsor in subsection (c).

 

C)        Verified attendance at a program that is of general information value to shorthand reporters but does not directly relate to the reporter's ability to produce an accurate and timely transcript.  A maximum of 5 hours credit may be counted during a prerenewal period for those programs, which include:

 

i)          Professionalism, including knowledge and application of standards of professional responsibililty, impartiality, public relations, attire; and

 

ii)         Office procedures, record-keeping, health, including a reporter's approach to personal tax management, planning for retirement or changing careers within reporting, maintaining the individual reporter's health and emotional adjustment, ability to listen, to concentrate, to communicate, to cope.

 

D)        Verified personal preparation of educational presentations pertaining to the profession of court reporting and serving as an instructor, speaker or panel member at an approved course will be allowed as CE credit for actual presentation time, plus actual preparation time of up to 2 hours for each hour of presentation.  Credits for preparation time shall not be allowed for repetitious presentations.  No more than 5 hours of credit can be earned under this category in any one renewal period.

 

E)        Writing articles pertaining to the profession of court reporting and published in a state or nationally recognized professional journal of court reporting or law.  Each article shall be eligible for 2.5 hours of CE credit and no more than 5 hours of credit can be earned under this category in any one renewal period.  Credits will not be allowed for the same article published in more than one publication.

 

2)         Courses Completed that are a Part of the Curriculum of a University, College or Other Educational Institution.  One semester of course work is equivalent to 15 hours of CE and one quarter of course work is equivalent to 10 hours of CE.

 

3)         Passing Any Leg of the Registered Merit Reporter (RMR), Certified Realtime Reporter (CRR), Certified Communication Access Realtime Translation Provider (CCP), Certified Broadcast Captioner (CBC) or Registered Diplomate Reporter (RDR) Exam Offered by the National Court Reporters Association (NCRA).  Successful passage of any of these examinations shall be eligible for 2.5 hours of CE credit.

 

c)         CE Sponsors and Programs

 

1)         Sponsor, as used in this Section, shall mean the following:

 

A)        The NCRA or programs or courses approved by NCRA;

 

B)        The Illinois Court Reporters Association or any state court reporters association whose course or program has been approved for CE credits under the guidelines of the National Court Reporters Association;

 

C)        A city, county, Stateor federal judicial body responsible for coordination and presentation of CE courses or programs for its employees;

 

D)        A university or college course or adult education program that contributes directly to the certified shorthand reporter's knowledge, ability or competence to perform his/her duties; and

 

E)        Any other school, college or university, State agency, or any other person, firm or association that has been approved and authorized by the Division to coordinate and present CE courses and programs in conjunction with this Section.

 

2)         Entities seeking approval as CE sponsors shall file an application, on forms supplied by the Division, along with the application fee set forth in Section 1200.50.  (State agencies, State colleges and State universities in Illinois shall be exempt from paying this fee.)  Along with the application, the applicant shall submit a list of proposed programs including the description, location, date and time of the programs.  The application shall include the following:

 

A)        Certification:

 

i)          That all programs offered by the sponsor for CE credit will comply with the criteria in subsection (c)(3) and all other criteria in this Section;

 

ii)         That the sponsor will be responsible for verifying attendance at each program and provide a certificate of attendance as set forth in subsection (c)(10);

 

iii)        That, upon request by the Division, the sponsor will submit evidence (e.g., certificate of attendance or course materials) as is necessary to establish compliance with this Section.  Evidence shall be required when the Division has reason to believe that there is not full compliance with this Part and that the information is necessary to ensure compliance;

 

iv)        That each sponsor shall submit to the Division written notice of program offerings, including program offerings of subcontractors, 30 days prior to course dates.  Notice shall include the description, location, date and time of the program to be offered;

 

B)        A copy of sample program with faculty, course materials and syllabi.

 

3)         All programs shall:

 

A)        Contribute to the advancement, extension and enhancement of the professional skills and knowledge of the individual registrant in the practice of shorthand reporting;

 

B)        Include one or more of the following subjects directly related to the shorthand reporter's ability to produce accurate and timely transcripts:

 

i)          English, including grammar, punctuation, general principles, spelling, vocabulary, etymology, usage, semantics, regional and minority dialects or colloquialisms, English history, transcript styles;

 

ii)         Medical, including Greek and Latin derivatives, homonyms, abbreviations, surgical procedures, pharmacy, anatomy and physiology, specialized medical fields (i.e., neurology, dentistry, radiology, gastroenterology), with emphasis on terminology and techniques or concepts likely to be encountered during litigation;

 

iii)        Legal, including terminology, research techniques, presentations on the various subdivisions of law (i.e., criminal torts, domestic relations, corporate, admiralty, patent, environmental) and procedural law (i.e., depositions, trials, administrative proceedings) presentations by legal specialists or experts in the field, history of the American/world legal system;

 

iv)        Technical subjects presented by experts with emphasis on terminology and concepts encountered by the shorthand reporter during litigation (i.e., accident reconstruction, chemistry, construction, geology, insurance, maritime, aerospace, products liability, industrial and environmental pollution);

 

v)         Technology related to new developments in the field of reporting (i.e., computer technology, computer techniques, video, telecommunications, equipment maintenance);

 

vi)        General litigation procedures as they relate to court, deposition and administrative proceedings (i.e., reporting depositions, court hearings, arbitrations, conventions and the court reporter's responsibility with regard to these proceedings, notary responsibilities, marking exhibits, reading back, going on and off the record, review of statutes, rules related to the reporter);

 

vii)       Transcript preparation, including indexing of witnesses, exhibits, formats, dictating, editing and scoping, reference libraries and research techniques, proofreading; and

 

viii)      Management, including financial, marketing, personnel, equipment maintenance, time and stress management;

 

C)        Be relevant to the needs of shorthand reporters and also to the reporting service needs of the users (i.e., courses in golf, tennis, dancing or basket-weaving shall not be given credit);

 

D)        Be developed and presented by persons with education and/or experience in the subject matter of the program;

 

E)        Specify for whom the program is primarily designed, the course objectives, course content and teaching methods to be used; and

 

F)         Specify the number of CE hours that may be applied to fulfilling the Illinois CE requirements for renewal of the certification of registration.

 

4)         Each CE program shall provide a mechanism for evaluation of the program by the participants.  The evaluation may be completed immediately following the program or an evaluation questionnaire may be distributed to participants to be completed and returned by mail or email.  The sponsor and the instructor, together, shall review the evaluation outcome and revise subsequent programs accordingly.

 

5)         An approved sponsor may subcontract with individuals and organizations to provide approved programs.

 

6)         CE credits may be awarded for home study courses and correspondence courses, provided they are courses administered by approved sponsors.

 

7)         All programs given by approved sponsors shall be open to all registered shorthand reporters and not be limited to members of a single organization or group.

 

8)         CE credit hours used to satisfy the CE requirements of another jurisdiction may be applied to fulfill the CE requirements of the State of Illinois.

 

9)         To maintain approval as a sponsor, each sponsor shall submit to the Division, by May 31 of each odd-numbered year, a renewal application, the required fee set forth in Section 1200.50, and a list of courses and programs offered within the last 24 months.  The list shall include a brief description, location, date and time of each course given.

 

10)         Certificate of Attendance.  It shall be the responsibility of a sponsor to provide each participant in a program with a certificate of attendance or participation.  The sponsor's certificate of attendance shall contain:

 

A)        The name, address and certificate number of the sponsor;

 

B)        The name and address of the participant;

 

C)        A brief statement of the subject matter;

 

D)        The number of hours attended in each program;

 

E)        The date and place of the program; and

 

F)         The signature of the sponsor.

 

11)          The sponsor shall maintain attendance records for not less than 5 years.

 

12)          The sponsor shall be responsible for assuring that no renewal applicant shall receive CE credit for time not actually spent attending the program.

 

13)          Upon the failure of a sponsor to comply with any of the foregoing requirements, the Division, after notice to the sponsor and hearing before and recommendation by the Board (see 68 Ill. Adm. Code 1110), shall thereafter refuse to accept for CE credit attendance at or participation in any of that sponsor's CE programs until such time as the Division receives assurances of compliance with this Section.

 

14)         Notwithstanding any other provision of this Section, the Division or Board may evaluate any sponsor of any approved CE program at any time to ensure compliance with requirements of this Section.

 

d)         Certification of Compliance with CE Requirements

 

1)         Each renewal applicant shall certify, on the renewal application, full compliance with the CE requirements set forth in subsections (a) and (b).

 

2)         The Division may conduct random audits to verify compliance with CE requirements.

 

3)         The Division may require additional evidence (e.g., certificate of attendance).  This additional evidence shall be required in the context of the Division's random audit.  It is the responsibility of each renewal applicant to retain or otherwise produce evidence of compliance.

 

4)         When there appears to be a lack of compliance with CE requirements, an applicant shall be notified in writing and may request an interview with the Board.  At that time the Board may recommend that steps be taken to begin formal disciplinary proceedings as required by Section 10-65 of the Illinois Administrative Procedure Act [5 ILCS 100].

 

e)         Continuing Education Earned in Other Jurisdictions

 

1)         If a registrant has earned CE hours offered in another state or territory not given by an approved sponsor for which the licensee will be claiming credit toward full compliance in Illinois, the applicant shall submit an individual program approval request form, along with a $25 processing fee, prior to participation in the program or 90 days prior to expiration of the license. The Board shall review and recommend approval or disapproval of the program using the criteria set forth in subsection (c)(3).

 

2)         If a licensee fails to submit an out of state CE approval form within the required time frame, late approval may be obtained by submitting the approval request form with the $25 processing fee plus a $10 per hour late fee not to exceed $150.  The Board shall review and recommend approval and disapproval of the program using the criteria set forth in subsection (c)(3).

 

f)         Restoration of Nonrenewed or Inactive Certificate of Registration.  Upon satisfactory evidence of compliance with CE requirements, the Division shall restore the certificate upon payment of the required fee as provided by Section 1200.50.

 

g)         Waiver of CE Requirements

 

1)         Any renewal applicant seeking renewal of a certificate of registration without having fully complied with these CE requirements shall file with the Division a renewal application along with the required fee set forth in Section 1200.50, a statement setting forth the facts concerning non-compliance and request a waiver of the CE requirements on the basis of these facts.  A request for waiver shall be made prior to the renewal date.  If the Division, upon the written recommendation of the Board, finds from the affidavit or any other evidence submitted that extreme hardship has been shown for granting a waiver, the Division shall waive enforcement of CE requirements for the renewal period for which the applicant has applied.

 

A)        Extreme hardship shall be determined on an individual basis by the Board and be defined as an inability to devote sufficient hours to fulfilling the CE requirements during the applicable prerenewal period because of:

 

i)          Full-time service in the armed forces of the United States during a substantial part of the prerenewal period;

 

ii)         An incapacitating illness documented by a statement from a currently licensed physician, nurse practitioner or physician's assistant; or

 

iii)        Any other similar extenuating circumstances.

 

B)        Persons employed as full-time court reporters under the Court Reporters Act [705 ILCS 70] may apply for a waiver from the CE requirements.  The waiver shall be granted upon the submission of evidence satisfactory to the Division (i.e., statement from employer) that the certified shorthand reporter is employed as a full-time court reporter under the Court Reporters Act.

 

2)         Any renewal applicant who, prior to the expiration date of the license, submits a request for a waiver, in whole or in part, pursuant to the provisions of this Section, shall be deemed to be in good standing until the final decision on the application is made by the Division.

 

(Source:  Amended at 45 Ill. Reg. 2785, effective March 1, 2021)

 

Section 1200.80  Granting Variances

 

a)         The Director may grant variances from this Part in individual cases when he or she finds that:

 

1)         The provision from which the variance is granted is not statutorily mandated;

 

2)         No party will be injured by the granting of the variance; and

 

3)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

b)         The Director of the Department of Financial and Professional Regulation-Division of Professional Regulation with the authority granted by the Secretary (Director) shall notify the Certified Shorthand Reporters Board of Examiners of the granting of the variance, and the reasons for granting the variance, at the next meeting of the Board.

 

(Source:  Amended at 38 Ill. Reg. 19662, effective October 10, 2014)

 

Section 1200.90  Standards of Professional Conduct

 

In order to establish and maintain a high standard of integrity in the practice of shorthand reporting, the following Standards of Professional Conduct shall be binding on every person holding a certificate of registration as a certified shorthand reporter.

 

a)         A licensee shall be fair and impartial toward each participant in all aspects of reported proceedings.

 

b)         A licensee should only accept an assignment if his/her level of competence will result in the preparation of an accurate transcript and will remove himself/herself from an assignment if he/she believes his/her abilities are inadequate, recommending or assigning another licensee only if the licensee has the competence required for the assignment.

 

c)         A licensee, if requested, shall provide information regarding services to be rendered regarding administration of professional services to all parties. The licensee must strive to meet promised delivery dates whenever possible, make timely delivery of transcripts when no date is specified, and provide immediate notification of delays.

 

d)         A licensee shall be alert to situations that are conflicts of interest or that may give the appearance of a conflict of interest.  If a conflict arises, the licensee must disclose that conflict or potential conflict.

 

e)         A licensee who becomes impaired and unable to function according to the standards of practice should immediately seek inactive status and refrain from practice.  It is the licensee's responsibility to seek supervision and/or personal therapy for any problem that is interfering with the ability to perform professional services.

 

f)         A licensee shall preserve the confidentiality and ensure the security of information, oral or written, entrusted to the licensee by any and all of the parties in a proceeding.

 

g)         It is the licensee's responsibility to preserve his/her shorthand notes for a period of no less than 10 years from the date the notes or transcripts were taken, except as otherwise prescribed by law, through storage of the original paper notes and/or an electronic copy of either the shorthand notes or the English transcript of the notes on computer disks, cassettes, backup tape systems, optical or laser disk systems, or other retrieval systems available at the time that the notes or transcripts were taken.

 

h)         A licensee's signature, license number and expiration date shall be affixed to a transcript of his/her stenographic notes to certify to its correctness if the transcript has been prepared by him/her or under his/her direct supervision.

 

i)          A licensee shall not permit the use of his/her name or firm's name, nor shall a licensee be associated in business ventures with persons or firms that the licensee has reason to believe to be engaging in fraudulent or dishonest business practices.

 

j)          A licensee having knowledge of any alleged violation of the Certified Shorthand Reporter Act shall cooperate with the Division or appropriate governmental agency, furnishing such information or assistance as may be required to conduct an investigation resulting from a complaint.

 

k)         The licensee shall at all times be aware of and avoid not only the fact of, but the appearance of, impropriety, which may include, but is not limited to:

 

1)         The establishment of contingent fees as a basis of compensation.

 

2)         The giving or receiving of, directly or indirectly, any gift, incentive, reward or anything of value to anyone as a condition for the performance of professional services.

 

3)         The offering to pay, either directly or indirectly, any commission or other consideration in order to secure professional assignments.

 

4)         The entering into any financial relationship, written or oral, with counsel, parties in interest or their intermediaries that:

 

A)        undermines the actual or perceived impartiality of the court reporter; or

 

B)        does not provide or offer any party in interest comparable court reporting services in the same proceedings.

 

l)          A licensee shall be truthful and accurate when making public statements or when advertising qualifications or services provided.

 

m)        A licensee shall meet all mandated continuing education requirements and should keep abreast of current literature and technological advances and developments.

 

n)         The Division hereby incorporates by reference "The Code of Professional Ethics" of the National Court Reporters Association, 8224 Old Courthouse Road, Vienna, Virginia 22182-3808, 2013, with no later amendments or editions.

 

(Source:  Amended at 38 Ill. Reg. 19662, effective October 10, 2014)