52 N.J.R. 2165(a)

VOLUME 52, ISSUE 24, DECEMBER 21, 2020
RULE PROPOSALS

Reporter
52 N.J.R. 2165(a)
NJ - New Jersey Register  >  2020  >  DECEMBER  >  DECEMBER 21, 2020  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement 

INTERESTED PERSONS 
Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal. 
The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of  N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register. 
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at      N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code. 
Agency


LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > STATE BOARD OF COURT REPORTING


Administrative Code Citation


Proposed Amendments: N.J.A.C. 13:43-2.2, 2.3, 3.2, 4.1, 5.4, 5.5, and 5.8


Text

  Temporary Registered Reporters
Authorized By: State Board of Court Reporting, Michela Ross, Executive Director.
Authority: N.J.S.A. 45:15B-1.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2020-116.
Submit written comments by February 19, 2021, to:

Michela Ross
Executive Director
State Board of Court Reporting
PO Box 45019
Newark, New Jersey 07101

Or electronically at:   http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx.

The agency proposal follows:

Summary

The State Board of Court Reporting (Board) met with representatives of the Certified Court Reporters Association of New Jersey (Association) to discuss the Association's concerns with application requirements for temporary registered reporters and certified court reporters. The Association contends that application requirements for temporary registered court reporters require unregistered and uncertified individuals to practice court reporting in order to qualify for registration. The Association is also concerned that certification requirements prohibit individuals who passed the certification examination prior to 2006, from obtaining certification, limiting the available pool of certified court reporters able to provide services in New Jersey. In order to address these concerns, the Board proposes to amend rules regarding applications for temporary registered reporters and certified court reporters.   

Specifically, the Board proposes to amend N.J.A.C. 13:43-2.2 to clarify language and to correct a grammar and punctuation mistake at subsection (a). The Board proposes to amend subsection (b) to remove a requirement that applicants for registration as temporary registered reporters provide proof that they have practiced court reporting for three of the last five years. As no one is permitted to practice court reporting without either registration as a temporary registered reporter or certification as a court reporter, it is inappropriate to require three years of practice as a criterion for registration as a temporary registered reporter.   

The Board proposes to amend N.J.A.C. 13:43-2.3 to remove references to "shorthand" as that term was changed to "court reporting" pursuant to P.L. 2005, c. 308.   

The Board proposes to amend N.J.A.C. 13:43-3.2 to change the term "employment status" to "work status," as the new term more accurately describes the information required from applicants.   

The Board proposes to amend N.J.A.C. 13:43-4.1 to remove a provision that required applicants to take the National Court Reporter Association Registered Professional Reporter examination on or after May 1, 2006. This provision has prevented some otherwise qualified applicants from obtaining certification.   

The Board proposes to amend N.J.A.C. 13:43-5.4 and 5.8 to remove reference to court reporters being an employee of a party to a matter or action. Certified court reporters cannot be employees of such parties and it is unnecessary to include this reference in the rules.  
The Board proposes to amend N.J.A.C. 13:43-5.5 to require temporary registered reporters to follow the same standards for identification on official documents as certified court reporters are required to follow. Subsection (b), which imposed separate identification requirements for [page=2166] temporary registered reporters, is proposed for deletion. The proposed amendments also add new titles and abbreviations to the list of titles that can be used only by certified court reporters, certified realtime court reporters, or temporary registered reporters.   

The Board has determined that the comment period for this notice of proposal shall be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.   

Social Impact   

By revising examination requirements so that a National Court Reporters Association Registered Professional Reporter examination taken prior to May 1, 2006, will qualify an applicant for certification, the proposed amendments will allow for more individuals to qualify for certification as court reporters, increasing the number of individuals able to provide court reporting services. The remaining proposed amendments will not have any other social impact.   

Economic Impact   

The Board does not believe that the proposed amendments will have any economic impact.   

Federal Standards Statement   

A Federal standards analysis is not required because the proposed amendments do not involve any Federal standards or requirements.   

Jobs Impact  
The Board does not believe that the proposed amendments will increase or decrease the number of jobs in New Jersey.   

Agriculture Industry Impact   

The Board does not believe that the proposed amendments will have any impact on the agriculture industry of this State.   

Regulatory Flexibility Analysis   

As the proposed amendments will only apply to individuals who are not yet registered or certified as court reporters, they are not considered "small businesses" under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq.   

Housing Affordability Impact Analysis   

The proposed amendments will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendments would evoke a change in the average costs associated with housing because the proposed amendments concern application requirements for temporary registered reporters and certified court reporters.   

Smart Growth Development Impact Analysis   

The proposed amendments will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendments would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments concern application requirements for temporary registered reporters and certified court reporters.   

Racial and Ethnic Community Criminal Justice and Public Safety Impact   

The Board has evaluated this rulemaking and determined that it will not have an impact on pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles in the State. Accordingly, no further analysis is required.   

Full text of the proposal follows (additions indicated in boldface   thus; deletions indicated in brackets [thus]):  

SUBCHAPTER 2.   CERTIFICATION OF COURT REPORTERS; REGISTRATION OF TEMPORARY REGISTERED REPORTERS   

13:43-2.2   Eligibility for registration as a temporary registered reporter; disclosure forms; penalties   

(a) In order to qualify to register as a temporary registered reporter pursuant to N.J.S.A. 45:15B-9, an applicant shall:   

1.-4. (No change.)  
5. [Paid]   Pay  the application fee set forth [in]   at N.J.A.C. 13:43-6.1[;].  
(b) In addition to (a) above, the applicant must present proof of one of the following:  
1. (No change.)  
[2. Proof that the applicant has practiced court reporting in at least three out of the last five years preceding the date of application. Such proof shall consist of one of the following:  
i. Submission of an affidavit of employment listing each job held during the three-year period that includes the name, address and telephone number of each employer; or  
ii. Complete copies of all business records, such as, but not limited to, caption and appearance sheets and invoices, made for each court reporting assignment completed;]  
Recodify existing 3.-4. as   2.-3. (No change in text.)  
(c)-(k) (No change.)  
13:43-2.3   Employment of temporary registered reporters   

(a) An employer of a certified court reporter or owner of a [shorthand and/or] court reporting agency[,] or   a  certified court reporter may utilize temporary registered reporters referred to [in]   at N.J.A.C. 13:43-2.2 only in circumstances where a certified court reporter is unavailable. In such circumstances where a certified court reporter is unavailable, the employer[,]   and/or owner of a [shorthand and/or] court reporting agency or certified court reporter shall contact five [shorthand and/or] court reporting agencies to seek an available certified court reporter. The employer[,]   and/or owner of a [shorthand or] court reporting agency or certified court reporter shall record the five contacts in an affidavit that shall include the names of the agencies contacted, the dates and times of the contacts, and the specific job for which the certified court reporter is sought, including the date, time, and location of the job, as well as the name(s) of the party (parties) soliciting the certified court reporter and the name of the case for which the certified court reporter is sought.   

1. The employer[,]   and/or owner of a [shorthand and/or] court reporting agency or certified court reporter shall retain the affidavits referred to above for a period of three calendar years. The records shall be made available to the Board within two business days of the Board's written notice of request, and shall be subject to the Board's random audit. For purposes of this paragraph, a business day is defined as the hours between 9:00 A.M. and 5:00 P.M. Monday through Friday, excluding holidays.   

SUBCHAPTER 3.   CERTIFICATION OF COURT REPORTERS IN REALTIME REPORTING   

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

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

1. (No change.)  
2. Submit a completed application that contains the following information:  
i.-ii. (No change.)  
iii. Current [employment]   work status; and  
iv. (No change.)  
3.-5. (No change.)  
SUBCHAPTER 4.   EXAMINATIONS   

13:43-4.1   Examinations for certification as a certified court reporter; frequency   

(a)-(b) (No change.)  
(c) The Board will accept a National Court Reporters Association Registered Professional Reporter examination [taken on or after May 1, 2006] to satisfy the examination requirement for certification as a court reporter under N.J.A.C. 13:43-2.1.   

SUBCHAPTER 5.   GENERAL PROVISIONS   

13:43-5.4   Prohibited practices   

(a) Certified court reporters and temporary registered reporters shall not:  
1. (No change.)  
[page=2167] 2. Provide or arrange to provide reporting services, in a judicial or quasi-judicial matter and/or a deposition, if he or she:  
i. (No change.)  
ii. Is a relative[,]   or agent [or employee] of one of the parties;  
iii. (No change.)  
iv. Is related to an agent [or is an employee] of a person or entity with a financial interest in the action or its outcome; or  
3. (No change.)  
(b)-(c) (No change.)   

13:43-5.5   Disclosure of title and certification or registration number; the use of misleading titles and abbreviations   

(a) A certified court reporter, [or] a certified realtime court reporter, or a temporary registered reporter shall indicate his or her title in the form of an abbreviation "C.C.R." (certified court reporter) [or], "C.R.C.R." (certified realtime court reporter),   or T.R.R. (temporary registered reporter), respectively, on all official documents he or she has prepared including, but not limited to, all transcripts, invoices, business cards, advertising, and any other document containing reported and/or recorded information.   

[(b) A temporary registered reporter shall be identified as such on all business cards, letterhead advertising, and all other work-related documents.]   

[(c)]   (b) A person who is not a certified court reporter [or], certified realtime court reporter, or temporary registered reporter of New Jersey shall not use misleading titles or abbreviations, such as [C.C.R., C.R.C.R., Court Reporter of the State of New Jersey, Realtime Reporter of the State of New Jersey, Court Reporter or C.R.]:   

1. C.C.R.;  
2. C.R.C.R.;  
3. T.R.R.;  
4. Court Reporter of the State of New Jersey;  
5. Realtime Reporter of the State of New Jersey;  
6. Court Reporter;  
7. C.R.;  
8. Professional Court Reporter;  
9. P.C.R.;  
10. Professional Shorthand Reporter;  
11. P.S.R.;  
12. National Court Reporter;  
13. N.C.R.;  
14. National Shorthand Reporter;  
15. N.S.R.;  
16. Digital Court Reporter;  
17. D.C.R.;  
18. Certified Deposition Reporter; or  
19. C.D.R.   

13:43-5.8   Standards of practice   

(a) Certified court reporters and temporary registered reporters shall:  

1.-2. (No change.)   

3. Attach a certification page to all transcripts attesting that the certified court reporter or temporary registered reporter is unrelated to the parties involved in the action; has no financial interest and is not related to an agent of [or employed by] anyone with a financial interest in the outcome of the action; is a certified court reporter or temporary registered reporter; the transcript is a verbatim record of the testimony provided under oath before any court, referee, board, commission, or other body created by statute of the State of New Jersey; and includes the notary number, expiration date and certified court reporter certificate number or temporary registration number;   

4.-5. (No change.)