Grounds For Discipline And Grounds For Denial Of A License,

RENEWAL, OR REINSTATEMENT. (1) The commissioner may refuse to issue a license for: (a) Failure to meet any requirement or standard established by law or by rules and regulations adopted by the commissioner. (b) Engaging in fraud, misrepresentation, deception, or concealment of a material fact in applying for or securing licensure or taking any examination required for licensure. (c) Having disciplinary action pending or having a license denied, conditionally issued, suspended, revoked, or voluntarily surrendered in another state, territory or country. (d) Having been court-martialed or administratively discharged by a branch of the United States Armed Forces for any act or conduct that would constitute grounds for discipline. (e) Any grounds for which the license could be suspended or revoked. (f) Any other reason authorized by law. DISCIPLINARY ENFORCEMENT CHAPTER 0455-01-05 (Rule 0455-01-05-.02 continued) (2) The commissioner may suspend, revoke, or otherwise discipline any court reporter upon proof that the person: (a) Is guilty of fraud or deceit in procuring or attempting to procure a license by: 1. Filing false, forged, or altered documents or credentials, including required continuing education documentation. 2. Misrepresenting or falsifying facts in applying for original licensure, renewal, reactivation or reinstatement of license. 3. Having another person appear for a licensing or certification examination. (b) Has been convicted of a felony or a crime of moral turpitude that reflects on the court reporter’s honesty, trustworthiness or fitness as a court reporter in other respects, subject to T.C.A. § 62-76-104. (c) Is impaired due to the use of alcohol or is addicted to the use of habit-forming drugs to such an extent as to render the court reporter unsafe or unreliable. (d) Is guilty of unprofessional conduct of a character likely to deceive, defraud, or injure the public in matters of court reporting, which includes but is not limited to: 1. Failure to comply with the Act or Rules Chapter 0455, as well as federal, state, or local laws, rules, or regulations applicable to the area of court reporting practice. 2. Failure to practice court reporting in accordance with the standards of practice adopted by the commissioner. 3. Representing oneself as a court reporter without a license. 4. Practicing or attempting to practice court reporting without a valid license issued by the commissioner. 5. Having a license denied, conditionally issued, reprimanded, placed on probation, suspended, revoked, or voluntarily surrendered in another state, territory or country, or having been court-martialed or administratively discharged by a branch of the United States Armed Forces for any act or conduct which would constitute grounds for disciplinary action in this state. A certified copy of the record of the agency that took such action shall be conclusive evidence of the grounds for discipline. 6. Practice beyond the scope of practice as determined by, but not limited to, educational preparation; license status; state and federal statutes and regulations; state and national standards appropriate to the type of practice; and court reporting experience. 7. Falsification of credentials or employment records. (e) Failed to respond to official correspondence from the commissioner, including but not limited to requests for information, subpoenas, or notices. (f) Failed to comply with any stipulated terms and conditions of any commissioner order or contract. (g) Failed to comply with the commissioner’s continuing education requirements. DISCIPLINARY ENFORCEMENT CHAPTER 0455-01-05 (Rule 0455-01-05-.02 continued) (h) Submitted payment of any fees or civil penalties to the commissioner with a worthless check, invalid credit card, or by any other method that is not honored by the financial institution. (i) Is subject to any grounds for which the commissioner could refuse to issue the license. (j) Poses a risk to public safety for any other reasons stated by law.