Tenn. Comp. R. & Regs. 0455 — Court Reporting

agency-0455Tenn. Comp. R. & Regs. 0455Regulation

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Chapter 0455-01-01 Organization and Administration

Tenn. Comp. R. & Regs. 0455-01-01-.01 DEFINITIONS

As used in Chapter 0455, unless context otherwise requires:

(1) “Act” shall mean the Tennessee Court Reporter Act of 2009, T.C.A. §§ 20-9-601 et seq.

(2) “Commissioner” shall mean the commissioner of the Department of Commerce and Insurance of the State of Tennessee, or the commissioner’s designee.

History

  • Authority: T.C.A. §§ 20-9-602, 20-9-605, and 20-9-607.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-01-.02 REPEALED

History

  • Authority: T.C.A. §§ 20-9-605 and 20-9-607.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Repeal filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-01-.06 REPEALED

History

  • Authority: T.C.A. § 20-9-607.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Repeal filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-01-.03 REPEALED

History

  • Authority: T.C.A. § 20-9-607.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Repeal filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-01-.04 REPEALED

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-607, 20-9-609, 20-9-610, and 20-9-614.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed November 17, 2016; effective February 15, 2017. Repeal filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-01-.05 REPEALED

History

  • Authority: T.C.A. §§ 20-9-605 and 20-9-607.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed November 17, 2016; effective February 15, 2017. Repeal filed April 1, 2026; effective June 30, 2026.

Chapter 0455-01-02 Policies and Procedure

Tenn. Comp. R. & Regs. 0455-01-02-.01 CHANGE OF NAME OR ADDRESS

(1) The applicant or licensee shall notify the commissioner of any requested name change.

Appropriate legal documents and fees shall be submitted prior to changing the name of the licensee on the license card.

(2) The licensee shall notify the commissioner of any change in the licensee’s personal or business address within 30 days of such change.

History

  • Authority: T.C.A. §§ 20-9-607 and 20-9-612.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-02-.02 REPEALED

History

  • Authority: T.C.A. §§ 20-9-605 and 20-9-607.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Repeal filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-02-.03 REPEALED

History

  • Authority: T.C.A. §§ 20-9-605 and 20-9-607.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed November 17, 2016; effective February 15, 2017. Repeal filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-02-.04 FEES

(1) Fees are payable by certified check, cashier’s check, corporate or business check, money order, personal check or electronic means.

(a) Counter checks are not an acceptable method of payment. Personal checks shall be imprinted with the name, address and account number of the applicant or licensee.

(b) Personal checks by third parties are not acceptable.

(c) Applicants or licensees who submit personal checks returned due to insufficient funds may be prohibited from paying any future fees or civil penalties by personal check.

(d) Statutory charges for returned checks shall be paid by the applicant or licensee, along with any penalties and fees authorized pursuant to T.C.A. Title 47, Chapter 29.

(2) Civil penalties are payable by certified check, cashier’s check, corporate or business check, money order or electronic means.

(3) Payment, regardless of method, that is not honored by the financial institution may result in disciplinary action and/or reporting to the appropriate legal authorities for possible prosecution.

(4) A license may not be issued until funds are received by the commissioner.

(5) Standard Fee Schedule Amount (a) License Fee............................................... $200 (b) Application Fee........................................... $50 (c) Renewal Fee.............................................. $200 (d) Late Renewal Fee....................................... $20 per month, or portion thereof, up to six (6) months (e) Temporary License Fee................................. $50 (f) Temporary License Renewal Fee.................... $50 (g) Reinstatement Fee....................................... $350

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-607, 20-9-610, 20-9-611, 20-9-612, and 20-9-614.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed November 17, 2016; effective February 15, 2017. Amendments filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-02-.05 INACTIVE STATUS

A person not actively engaged in the practice of court reporting may place their license on inactive status by issuing a written request for inactive status to the commissioner. The request shall be issued to the commissioner by U.S. mail or electronic mail.

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-607, and 20-9-615.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-02-.06 RESTORATION

(1) A person seeking restoration of a license after it has been placed on inactive status for up to 5 years shall file an application with the commissioner together with the required fees. In order to restore a license, a person shall submit proof of 15 hours of continuing education completed within one year before restoration.

(2) Upon receipt of an application and the appropriate fees, the commissioner shall issue a restoration of a license, notify the applicant in writing of the reasons for denying the application, or notify the applicant in writing of the deficiencies in the application.

History

  • Authority: T.C.A. §§ 20-9-605 and 20-9-607.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-02-.07 REPEALED

History

  • Authority: T.C.A. §§ 20-9-605 and 20-9-607.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Repeal filed April 1, 2026; effective June 30, 2026.

Chapter 0455-01-03 Licensure

Tenn. Comp. R. & Regs. 0455-01-03-.01 TEMPORARY LICENSURE

Any person who provides to the commissioner satisfactory proof of graduation from a court reporting program or its equivalent shall, upon application to the commissioner on forms approved by the commissioner and payment of a fee in an amount determined by the commissioner, be issued a temporary license to practice as a court reporter. This temporary license shall expire one hundred and eighty (180) days following the date upon which the next commissioner-approved examination for licensure is given. Up to three (3) additional temporary licenses may be granted upon sufficient proof of good cause for issuance.

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-607, 20-9-609, 20-9-612, and 20-9-614.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed November 17, 2016; effective February 15, 2017. Amendments filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-03-.02 APPLICATION FOR LICENSURE – STANDARD PROCESS

(1) Any person may submit an application to be licensed as a court reporter. The application shall include:

(a) Proof of passage of the National Court Reporters Association registered professional reporter examination, the National Verbatim Reporters Association certified verbatim reporter examination, or the American Association of Electronic Reporters and Transcribers certified electronic court reporter examination.

(b) Applications for licensure shall be signed under penalty of perjury by the applicants and submitted on forms furnished by the commissioner.

(c) Payment of licensure fee.

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-607, and 20-9-609.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed November 17, 2016; effective February 15, 2017. Amendments filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-03-.03 RENEWAL AND REINSTATEMENT OF A SUSPENDED OR REVOKED LICENSE

(1) Renewal (a) All licenses shall expire on June 30 in the year of expiration, and all renewals will be effective July 1.

(b) Applications for the renewal of licenses shall be made by on forms provided by the commissioner and shall contain all information required by the commissioner pursuant to the Act and these rules.

(c) Applications for renewals will not be considered filed until the applicable fee prescribed in these rules is received.

(d) A newly issued court reporter license in Tennessee shall be valid for two (2) years or for other such period of time authorized by T.C.A. § 20-9-611. The holder of the license may renew such license during the 60 days preceding the expiration date thereof by paying the required fee and completion of the application for renewal.

(e) It is the responsibility of each licensee to notify the commissioner of any change of address within thirty (30) days. Failure to receive a renewal form from the commissioner shall not constitute an excuse for failure to renew licensure.

(f) Late renewal applications may be received following expiration of license with the required fees. No late renewal will be granted if a completed application is not received by the commissioner within six (6) months of the expiration of the license. After six (6) months following the expiration of the license, the applicant shall apply for a new license.

(g) A license that has been expired for more than six (6) months is ineligible for reinstatement.

(2) Reinstatement of a Suspended or Revoked License (a) Application for reinstatement shall include evidence of corrective action taken by the licensee. Such application shall be made utilizing the forms provided by the commissioner.

(b) In considering reinstatement of a suspended or revoked license, the commissioner may evaluate factors that include but are not limited to:

  1. Severity of the act(s) that resulted in suspension or revocation of the license.

  2. Conduct of the applicant subsequent to the suspension or revocation of the license.

  3. Lapse of time since suspension or revocation.

  4. Compliance with all reinstatement requirements stipulated by the commissioner.

  5. Rehabilitation attained by the applicant as evidenced by statements provided directly to the commissioner from qualified individuals who have professional knowledge of the applicant.

  6. Violation by the applicant of any applicable statute or rule.

  7. Direct or implied representation(s) of licensure by the individual during the period of revocation.

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-606, 20-9-607, 20-9-608, 20-9-609, 20-9-611, 20-9-612, and 20-9- 614.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed November 17, 2016; effective February 15, 2017. Amendments filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-03-.04 MILITARY APPLICANTS

(1) An applicant for licensure meeting the requirements of T.C.A. § 4-3-1304(d)(1) may:

(a) Be issued a license upon application and payment of all fees required for the issuance of such license, if, in the opinion of the commissioner, the requirements for licensure satisfied by the applicant in another state are substantially equivalent to that required in Tennessee; or (b) Be issued a temporary permit as described herein if the commissioner determines that the applicant’s license does not meet the requirements for substantial equivalency, but that the applicant could perform additional acts, including—but not limited to— education, training, or experience, in order to meet the requirements for the license to be substantially equivalent. The commissioner may issue a temporary permit upon application and payment of all fees required for issuance of a regular license of the same type, which shall allow such person to perform services as if fully licensed for a set period of time that is determined to be sufficient by the commissioner for the applicant to complete such requirements.

  1. After completing those additional requirements and providing the commissioner with sufficient proof thereof as may be required, a full license shall be issued to the applicant with an issuance date of the original issuance of the temporary permit and an expiration date as if the full license had been issued at that time.

  2. A temporary permit shall be issued for a period no longer than the length of a renewal cycle for a full license of the same type.

  3. A temporary permit shall expire upon the date set by the commissioner and shall not be subject to renewal except through the completion of the requirements for substantial equivalency as required by the commissioner or by an extension of time granted for good cause by the commissioner.

  4. Should an extension to a temporary permit cause the permit to be in effect longer than the renewal cycle of a full license, then the holder of the temporary permit shall file a renewal application with such documentation and fees, including completion of continuing education, as are required by the commissioner for all other renewals of a full license of the same type.

(2) Military education, training, or experience completed by a person described at T.C.A. § 4-3- 1304(d)(1)(B)(ii)(a)–(c) shall be accepted toward the qualifications, in whole or in part, to receive any license issued by the commissioner if such military education, training, or experience is determined by the commissioner to be substantially equivalent to the education, training, or experience required for the issuance of such license.

(3) Any licensee who is a member of the National Guard or a reserve component of the armed forces of the United States called to active duty whose license expires during the period of activation shall be eligible to be renewed upon the licensee being released from active duty without:

(a) Payment of late fees or other penalties; or (b) Obtaining continuing education credits when:

  1. Circumstances associated with the person’s military duty prevented the obtaining of continuing education credits and a waiver request has been submitted to the commissioner; or 2. The person performs the licensed occupation as part of such person’s military duties and provides documentation sufficient to demonstrate such to the commissioner.

(4) The license shall be eligible for renewal pursuant to Paragraph (3) for six (6) months from the person’s release from active duty.

(5) Any person renewing under Paragraph (3) shall provide the commissioner such supporting documentation evidencing activation as may be required by the commissioner prior to the renewal of any license pursuant to Paragraph (3).

History

  • Authority: T.C.A. §§ 4-3-1304, 20-9-605, 20-9-607, and 20-9-609.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed November 17, 2016; effective February 15, 2017. Amendments filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-03-.05 REPEALED

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-607, 20-9-609, 20-9-612, and 20-9-614.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Repeal filed November 17, 2016; effective February 15, 2017.
Tenn. Comp. R. & Regs. 0455-01-03-.06 REPEALED

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-607, and 20-9-609.
  • Administrative History: Original rule filed July 26, 2010; effective October 24, 2010. Repeal filed November 17, 2016; effective February 15, 2017.
Tenn. Comp. R. & Regs. 0455-01-03-.07 REPEALED

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-607, 20-9-609, 20-9-611, and 20-9-612.
  • Administrative History: Original rule filed July 26, 2010; effective October 24, 2010. Repeal filed November 17, 2016; effective February 15, 2017.

Chapter 0455-01-04 Standards of Professional Conduct

Tenn. Comp. R. & Regs. 0455-01-04-.01 STANDARDS OF PROFESSIONAL CONDUCT

(1) In order to establish and maintain a high standard of integrity in the practice of court reporting, the following Standards of Professional Conduct shall be binding on every person holding a license, of any type, from the commissioner. A Tennessee Licensed Court Reporter:

(a) Shall be fair and impartial toward each participant in all aspects of reported proceedings and must disclose any conflict of interest or appearance of impropriety as soon as it arises pursuant to T.C.A. § 24-9-136.

(b) Should only accept an assignment if their level of competence will result in the preparation of an accurate transcript, shall refuse an assignment if they believe their abilities are inadequate, and shall recommend or assign an assignment to another licensee only if such licensee has the competence required for such assignment.

(c) Shall provide information regarding services to be rendered regarding administration of professional services to all parties and shall make timely delivery of transcripts.

(d) Should immediately seek inactive status and refrain from practice if they become impaired and unable to function according to the standards of practice.

(e) 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 the proceeding.

(f) Shall establish a plan for the security and preservation of un-transcribed notes and any backups, both paper and electronic. All such plans shall preserve notes and backups for a period of time that complies with statutory requirement or rules and guidelines of the court. In the absence of a law or rule, notes and backups must be retained for no less than five (5) years.

(g) Shall affix the licensee’s signature, license number and expiration date to a transcript to certify to its accuracy.

(h) Shall not authorize the use of the licensee number on any transcript not produced through the personal effort or supervision, or both.

(i) Shall not permit the use of the licensee 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) Shall inform the commissioner if they have knowledge that another court reporter has committed a violation of these Standards of Professional Conduct or the Tennessee Court Reporter Act of 2009.

(k) Shall cooperate with any investigation resulting from a complaint for disciplinary action.

(l) Shall not commit a criminal act that reflects on the court reporter’s honesty, trustworthiness or fitness as a court reporter.

(m) Shall be truthful and accurate when making public statements or when advertising qualifications or services provided.

(n) Shall meet all mandated continuing education requirements.

(o) Shall refrain from giving, directly or indirectly, any gift, incentive, reward or anything of value to attorneys or any other persons or entities associated with the litigation.

History

  • Authority: T.C.A. §§ 20-9-605 and 20-9-607.
  • Administrative History: Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed November 17, 2016; effective February 15, 2017. Amendments filed March 26, 2021; effective June 24, 2021. Amendments filed April 1, 2026; effective June 30, 2026.

Chapter 0455-01-05 Disciplinary Enforcement

Tenn. Comp. R. & Regs. 0455-01-05-.01 DEFINITIONS

(1) “Civil Penalty” means a monetary penalty imposed by the commissioner pursuant to T.C.A. §§ 20-9-608 or 56-1-308.

(2) “Suspension” means the temporary withdrawal of a license by the commissioner.

(3) “Revocation” means the withdrawal of a license by the commissioner.

(4) “Voluntary Surrender” means the voluntary relinquishment of a license that has the force and effect of a revocation.

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-606, 20-9-607, 20-9-608, and 56-1-308.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-05-.02 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.

(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.

(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.

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-606, 20-9-607, 20-9-609, 20-9-610, 20-9-611, and 20-9-612.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-05-.03 REPEALED

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-606, 20-9-607, 20-9-608, 20-9-609, 20-9-610, 20-9-611, and 20-9- 612.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Repeal filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-05-.04 INVESTIGATIONS AND COMPLAINTS

(1) The commissioner may, upon its own motion, or shall, upon the sworn complaint in writing of any person, investigate any person engaged, or suspected of engaging, in any business or activity regulated under the Tennessee Court Reporter Act of 2009.

(2) Upon receipt of any written complaint regarding any licensee or person engaged in unlicensed activity, the commissioner shall provide a copy of the written complaint to the accused party. Such party shall file a written answer to the complaint, within twenty (20) days, upon request by the commissioner.

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-606, 20-9-607, and 20-9-608.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed November 17, 2016; effective February 15, 2017. Amendments filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-05-.05 UNIFORM ADMINISTRATIVE PROCEDURES ACT

The commissioner hereby adopts by reference as its rules the Uniform Administrative Procedures Act, T.C.A. Title 4, Chapter 5, for governing contested cases, appeals, and related proceedings.

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-606, 20-9-607, and 20-9-608.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed November 17, 2016; effective February 15, 2017. Amendments filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-05-.06 CIVIL PENALTIES

(1) In addition to or in lieu of any other lawful disciplinary action, the commissioner may:

(Rule 0455-01-05-.06 continued)

(a) Assess a civil penalty not to exceed five hundred dollars ($500.00) per violation against any licensee or person required to be licensed as a court reporter in Tennessee for each separate violation of T.C.A. § 20-9-608.

(b) Assess a civil penalty not to exceed one thousand dollars ($1,000.00) per violation against any licensee or person required to be licensed as a court reporter in Tennessee for each separate statutory or regulatory violation excluding violations of T.C.A. § 20-9-608.

(2) Each daily violation constitutes a separate offense.

(3) In determining the amount of any penalty to be assessed pursuant to this rule, the commissioner may consider such factors as the following:

(a) Whether the amount imposed will be a substantial economic deterrent to the violator;

(b) The circumstances leading to the violation;

(c) The severity of the violation and the risk of harm to the public;

(d) The economic benefits gained by the violator as a result of noncompliance;

(e) The interest of the public; and (f) Willfulness of the violation.

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-606, 20-9-607, 20-9-608, and 56-1-308.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed November 17, 2016; effective February 15, 2017. Amendments filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-05-.07 REPEALED

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-606, 20-9-607, and 20-9-608.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed November 17, 2016; effective February 15, 2017. Repeal filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-05-.08 REPEALED

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-606, 20-9-607, and 20-9-608.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Repeal filed November 17, 2016; effective February 15, 2017.
Tenn. Comp. R. & Regs. 0455-01-05-.09 REPEALED

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-606, 20-9-607, and 20-9-608.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Repeal filed November 17, 2016; effective February 15, 2017.
Tenn. Comp. R. & Regs. 0455-01-05-.10 REPEALED

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-606, 20-9-607, and 20-9-608.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Repeal filed November 17, 2016; effective February 15, 2017.
Tenn. Comp. R. & Regs. 0455-01-05-.11 REPEALED

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-606, 20-9-607, and 20-9-608.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Repeal filed November 17, 2016; effective February 15, 2017.

Chapter 0455-01-06 Continuing Education

Tenn. Comp. R. & Regs. 0455-01-06-.01 CONTINUING EDUCATION REQUIREMENTS

(1) Beginning with the first renewal period and every renewal period thereafter, every licensee who applies for renewal of a license shall have completed two (2) credits of continuing education (CE) relevant to the practice of court reporting.

(2) A renewal period is the twenty-four (24) months preceding July 1 of the year of license expiration.

(3) A CE credit means ten (10) hours of continuing education.

(4) Non-resident licensees shall comply with the CE requirements set forth in this Chapter.

(5) Failure to obtain the requisite CE credits will result in an incomplete application and will cause the application to not be processed.

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-607, and 20-9-612.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed November 17, 2016; effective February 15, 2017. Amendments filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-06-.02 ACQUIRING CONTINUING EDUCATION CREDIT

(1) Continuing education hours may be earned from:

(a) Verified attendance at or participation in a program, activity or course through a national or state court reporting association.

(b) Verified attendance (e.g. license of attendance or license of completion) at or participation in a program, activity or course (“program”) presented by a continuing education sponsor in Rule 0455-01-06-.03.

(c) Verified attendance at a program that is of general information value to court reporters but does not directly relate to the reporter’s ability to produce an accurate and timely transcript. A maximum of 7 (seven) hours credit may be counted during a pre-renewal period for such programs, which include:

  1. Professionalism, including knowledge and application of standards of professional responsibility, impartiality, public relations; and 2. 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 4 hours of each hour of presentation. Credits for preparation time shall not be allowed for repetitious presentations. No more than 12 hours of credit can be earned under this category in any one renewal period.

(e) Writing articles to the profession of court reporting and published in a state or nationally recognized professional journal of court reporting or law. No more than 6 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) Proof of attendance at the course or other qualifying continuing education activity must be submitted to the commissioner for approval.

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-607, and 20-9-612.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-06-.03 CONTINUING EDUCATION SPONSORS AND PROGRAMS

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

(a) The National Court Reporters Association (NCRA);

(b) The National Verbatim Reporters Association (NVRA);

(c) The Tennessee Court Reporters Association (TNCRA) or any state court reporters association whose course or program has been approved for CE credits under the guidelines of any national or state court reporting association;

(d) Any computer users group whose program or course has been approved for CE credits under the guidelines of any national or state court reporting association;

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

(f) A university or college course or adult education program that contributes directly to the court reporter’s knowledge, ability or competence to perform his/her duties; and (2) All programs shall contribute to the advancement, extension and enhancement of the professional skills and knowledge of the individual licensee in the practice of court reporting.

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

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

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

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-607, and 20-9-612.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Amendments filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-06-.04 REPEALED

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-607, and 20-9-612.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Repeal filed April 1, 2026; effective June 30, 2026.
Tenn. Comp. R. & Regs. 0455-01-06-.05 REPEALED

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-607, and 20-9-612.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Repeal filed November 17, 2016; effective February 15, 2017.
Tenn. Comp. R. & Regs. 0455-01-06-.06 REPEALED

History

  • Authority: T.C.A. §§ 20-9-605, 20-9-607, and 20-9-612.
  • Administrative History: Emergency rule filed February 1, 2010; effective through July 31, 2010. New rule filed February 1, 2010; effective July 29, 2010. Rule petitioned March 1, 2010. Emergency rule filed February 1, 2010 expired effective August 1, 2010. Original rule filed July 26, 2010; effective October 24, 2010. Repeal filed November 17, 2016; effective February 15, 2017.

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