Tenn. Comp. R. & Regs. 0455-01-05-.09 - DECISIONS OF THE BOARD

(1) Based upon the evidence presented at the administrative hearing or pursuant to informal disposition the Board action may be one or more of the following:

(a) Dismiss the complaint.

(b) Reprimand the respondent.

(c) The respondent's license placed on probation status, subject to any conditions imposed.

(d) Suspend the respondent's license. A suspended license is subject to expiration during the suspension period.

(e) Revoke the respondent's license.

(f) Deny approval of an application.

(g) Deny renewal or reinstatement of a license.

(h) Impose other sanctions, restrictions or conditions.

(2) The Board may levy a civil penalty not to exceed five hundred dollars ($500) per violation where any person undertakes or attempts to undertake the practice of court reporting for remuneration without first having procured a license, or knowingly presents or files false information with the board for the purpose of obtaining a license, or otherwise violates the Tennessee Court Reporter Act of 2009 or the rules promulgated thereunder. Each day of a violation after notice is considered a separate violation.

(3) The decisions of the Board shall be in writing in the form of an order, a copy of which shall be mailed or delivered to the respondent or the respondent's attorney.

(4) The decisions of the Board shall be subject to public dissemination.

(5) Appeals may be made pursuant to the Uniform Administrative Procedure Act provisions on contested cases, T.C.A. Title 4, Chapter 5, Part 3.

(6) All members of the Board, including the Chair, are entitled to vote and to make or second motions in disciplinary matters except for any Board Member who may also serve on the Investigative Committee, serve as the Complainant, or have a conflict of interest in the case being decided. A majority of those members on the Board present and voting on any matter shall decide that matter before the Board.

Notes

Tenn. Comp. R. & Regs. 0455-01-05-.09

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.

Authority: T.C.A. §§ 20-9-605, 20-9-606, 20-9-607 and 20-9-608.