Pursuant to Section 7 of the Rule Providing for Certification of Court Reporters, the Board may issue an admonition or revoke or suspend any certificate issued after proper notice and hearing, on the following grounds:
(a) Conviction of any felony, or having been adjudicated or found guilty, or entered a plea of guilty or nolo contendere to, any felony, or to any misdemeanor that reflects adversely on the reporter’s honesty, trustworthiness, or fitness as a reporter in other respects, or to any crime a necessary element of which, as determined by the statutory or common law definition of the crime, involves interference with the administration of justice, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft, or an attempt, conspiracy or solicitation of another to commit a felony. A court reporter who falls within this provision, shall notify the Board upon entry of the judgment or sentencing order in the criminal case.
(b) misrepresentation or omission of material facts in obtaining certification.
(c) any intentional violation of, noncompliance with or gross negligence in complying with any rule or directive of the Supreme Court of Arkansas, any other court of record within this State, or this Board.
(d) fraud, dishonesty, gross incompetence or habitual neglect of duty.
(e) unprofessional conduct, which shall include, but not be limited to:
(1) failing to deliver a transcript to a client or court in a timely manner as determined by statute, court order, or agreement;
(2) intentionally producing an inaccurate transcript;
(3) producing an incomplete transcript except upon order of a court, agreement of the parties, or request of a party;
(4) failing to disclose as soon as practical to the parties or their attorneys existing or past financial, business, professional or family relationships, including contracts for court reporting services, which might reasonably create an appearance of partiality;
(5) advertising or representing falsely the qualifications of a certified court reporter or that an unlicensed individual is a certified court reporter;
(6) failing to charge all parties or their attorneys to an action the same price for an original transcript and failing to charge all parties or their attorneys the same price for a copy of a transcript or for like services performed in an action;
(7) failing to disclose upon request an itemization in writing of all rates and charges to all parties in an action or their attorneys;
(8) reporting of any proceeding by any person, who is a relative of a party or their attorney, unless the relationship is disclosed and any objection thereto is waived on the record by all parties;
(9) reporting of any proceeding by any person, who is financially interested in the action, or who is associated with a firm, which is financially interested in the action;
(10) failing to notify all parties, or their attorneys, of a request for a deposition transcript, or any part thereof, in sufficient time for copies to be prepared and delivered simultaneously with the original;
(11) going “off the record” during a deposition when not agreed to by all parties or their attorneys unless otherwise ordered by the court;
(12) giving, directly or indirectly, benefiting from or being employed as a result of any gift, incentive, reward or anything of value to attorneys, clients, or their representatives or agents, except for nominal items that do not exceed $100 in the aggregate for each recipient each year; and
(13) charging an unreasonable rate for a copy of an original deposition transcript, or an official reporter charging fees in violation of Ark. Code Ann. Section 16-13-506.
Amended and effective September 21, 2017.