Opinion
PER CURIAM.
By per curiam order dated July 5, 1983, this Court established the Arkansas Supreme Court Board of Certified Court Reporter Examiners and directed that they promulgate relevant regulations for approval by this Court. 656 S.W.2d 694.
On September 26, 1983, this Court approved regulations submitted by the Board of Certified Court Reporter Examiners. 658 S.W.2d 366. Amendments to these regulations have been made by this Court by per curiam orders dated November 14, 1983, and December 19, 1983.
These regulations are amended to read:
1. The following definitions are set forth: The word "Section" refers to sections of the per curiam of July 5, 1983. "Board" hereinafter referred to, is the Certified Court Reporter Examiners Board. "Certified Court Reporter," or its abbreviation, "CCR," means any person holding a valid regular or temporary certificate as a certified verbatim reporter. "Verbatim Reporting" means the making of a verbatim record of court proceedings, depositions, or proceedings before any grand jury by means of manual or machine shorthand or mask dictation. No system of direct electrical recording shall be considered a means of verbatim reporting.
12. Any eligible applicant not certified pursuant to the per curiam Order of the Supreme Court of Arkansas, dated July 5, 1983, or any eligible applicant who is certified in another state, may be granted a non-renewable temporary certificate, at the discretion of the Board, to enable said [281 Ark. 503] applicant to work. Applicants issued a temporary certificate shall be given a period of one year from the date of said certificate to complete certification requirements.
Applicants for temporary certificates will be considered by the Board only if the applicant meets the following requirements:
A) The applicant has been granted a diploma or equivalent from a court reporting school which is recognized and accepted by the Board, or
B) the applicant has completed one year's continuous work experience in court reporting, or
C) the applicant has been certified as a court reporter in a sister state, or by the National Shorthand Reporters' Association or by the National Stenomask Verbatim Reporters' Association, and
D) the applicant demonstrates a real necessity for the issuance of a temporary certificate. 19. Pursuant to Section 7, the Board may revoke or suspend any certificate issued after proper notice and hearing, on the following grounds:
1) conviction of a felony or misdemeanor involving moral turpitude;
2) misrepresentation or omission of material facts in obtaining certification;
3) 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;
4) fraud, dishonesty, gross incompetence or habitual neglect of duty.
The notice shall state the cause for the contemplated revocation or suspension and the time and place of the [281 Ark. 504] hearing before the Board, and shall be mailed to the registered address of the holder of the certificate at least thirty days prior to the hearing. The Board shall make written findings of fact based on the evidence presented.
HICKMAN and PURTLE, JJ., concur.
See concurrence in per curiam this date, In Re: Board of Certified Court Reporters, 280 Ark. ---, 665 S.W.2d 273 (1984).
HICKMAN, Justice, concurring.
I essentially agree with the per curiam opinion issued by the court amending the regulations of the Board of Certified Court Reporter Examiners. However, I think the opinion should address the cause for the amendment. The Arkansas Beverage Control Board has filed a motion to exempt it from § 9 of the rules which we adopted in a per curiam order dated July 5, 1983. Literally, § 9 provided that all transcripts had to be taken by a court reporter holding a valid certificate. There were no exemptions for the ABC Board and other administrative agencies and boards that do not normally use a [281 Ark. 505] certified court reporter nor have the current funds to hire one. In my judgment it was inadvisable for us to impose such a requirement upon all administrative agencies and boards, and therefore § 9 and the regulations of the certified court reporter examiners had to be amended. The per curiam adopted by the majority essentially meets this question and, as I understand it, provides that certified court reporters will only be required in three instances; (1) in a court that requires the use of a court reporter, (2) grand jury proceedings, and (3) in the case of depositions which are to be admitted into evidence. I have no objection to this amendment.
I am authorized to state that PURTLE, J., joins in this concurrence.