New Jersey Statewide Navigation Bar
NJ Office of the Attorney General
Division of Consumer Affairs
DCA Highlights Search Licensees Complaint Forms Consumer Information Professional Boards and Advisory Committees DCA News Contact Information
Division of Consumer Affairs A-Z List

NEW JERSEY REGISTER
VOLUME 40, ISSUE 9
ISSUE DATE: MAY 5, 2008
RULE ADOPTIONS
LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
State Board of Court Reporting

N.J.A.C. 13:43-2.2

Notice of Administrative Corrections

Temporary Employment of Non-Certified Court Reporters

Take notice that the Department has discovered errors in the text of N.J.A.C. 13:43-2.2. In the notice of adoption of amendments to N.J.A.C. 13:43 published in the April 7, 2008 New Jersey Register, the Department did not adopt the proposed repeal of, and new rule at, N.J.A.C. 13:43-2.2 (see 39 N.J.R. 3469(a) and 40 N.J.R. 1894(b)), instead opting to retain the existing rule text. However, in keeping with amendments proposed and adopted throughout the chapter, the existing text of N.J.A.C. 13:43-2.2 should have been revised upon adoption to include the change of "shorthand" to "court" reporter. This notice of administrative corrections is published pursuant to N.J.A.C. 1:30-2.7.

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

13:43-2.2   Temporary employment of non-certified [shorthand] court reporters

(a) Non-certified [shorthand] court reporters who possess an RPR Certification and who comply with the requirements of N.J.A.C. 13:43-2.1(a), with the exception of paragraphs (a)4 and (a)7, or applicants who have successfully completed two parts of the examination and have obtained conditional credit status attained in N.J.A.C. 13:43-4.3, may be utilized for temporary employment as referenced in N.J.S.A. 45:15B-9.

(b) An employer of a certified [shorthand] court reporter, or owner of a shorthand reporting agency, or certified [shorthand] court reporter may utilize non-certified [shorthand] court reporters referred to in (a) above in circumstances where a certified [shorthand] court reporter is unavailable. In such circumstances where a certified [shorthand] court reporter is unavailable, the employer, owner of a shorthand reporting agency, or certified [shorthand] court reporter shall contact five shorthand reporting agencies to seek an available certified [shorthand] court reporter. The employer, owner of a shorthand reporting agency, or certified [shorthand] court reporter shall record the five contacts in an affidavit supplied by the Board which shall include the names of the agencies contacted, the dates and times of the contacts, and the specific job for which the certified [shorthand] court reporter is sought, including the names of the agencies contacted, the dates and times of the contacts, and the specific job for which the certified [shorthand] 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 [shorthand] court reporter, and the name of the case for which the certified [shorthand] court reporter is sought.

1. The employer, owner of a shorthand reporting agency, or certified [shorthand] court reporter shall retain the affidavits referred to in (b) 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.

(c) All transcripts completed by a non-certified [shorthand] court reporter shall be signed by a New Jersey certified [shorthand] court reporter in responsible charge of the work product of the non-certified [shorthand] court reporter and shall attest to the accuracy of the transcription of the original shorthand notes. An employer or owner of a shorthand reporting agency who is not a certified [shorthand] court reporter shall secure a New Jersey certified [shorthand] court reporter to be in responsible charge of the work product of the non-certified [shorthand] court reporter and attest to the accuracy of the transcription of the original shorthand notes. A certified [shorthand] court reporter may secure another certified [shorthand] court reporter to be in responsible charge of the non-certified [shorthand] court reporter to attest to the accuracy of the transcription of the original shorthand notes. For purposes of this subsection, a New Jersey certified [shorthand] court reporter in responsible charge shall mean the regular and effective supervision by a competent certified [shorthand] court reporter of individuals performing services which directly and materially affect the quality and competence of shorthand reporting services rendered by the non-certified [shorthand] court reporter.

(d) A certified [shorthand] court reporter shall render regular and effective supervision of a non-certified [shorthand] court reporter as follows. The certified [shorthand] court reporter shall:

1. Personally inspect or review the work of a non-certified [shorthand] court reporter;

2. Provide an appropriate review of the transcript prepared by the non-certified [shorthand] court reporter; and

3. (No change.)

(e) An employer, owner of a shorthand reporting agency, or certified [shorthand] court reporter shall verbally inform all the parties or their legal representative who utilize the shorthand reporting services of any [shorthand] court reporter who will report the proceedings and is not certified of the reporter's non-certified status, and shall provide to the parties or their legal representative a consent form which sets forth that the parties or their legal representative were informed of and consented to the use of the non-certified [shorthand] court reporter. The parties or their legal representative who utilize the shorthand reporting services shall evidence their consent to the use of the non-certified [shorthand] court reporter by signing and dating the consent form.

(f) An employer, owner of a shorthand reporting agency, or certified [shorthand] court reporter shall retain the consent forms referred to in (e) above for a period of three calendar years to be 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 subsection, a business day is defined as the hours between 9:00 A.M. and 5:00 P.M. Monday through Friday, excluding holidays



Contact Us | Privacy Notice | Legal Statement | Accessibility Statement
division: dca home | complaint forms | licensing boards | adoptions | proposals | minutes | consumer protection
departmental: lps home | contact us | news | about us | FAQs | library | employment | programs and units | services a-z
statewide: nj home | my new jersey | people | business | government | departments | search
Page last modified:
New Jersey Home My New Jersey People Business Government Departments