Tennessee § 20-9-613 - Applications for grandfathering licensure to practice as court reporter — Automatic granting of licensure.

§ 20-9-613. Applications for grandfathering licensure to practice as court reporter — Automatic granting of licensure.

Any person who is engaged in the practice of court reporting on or before January 1, 2010, and who: Provides to the board an affidavit setting forth past education and work experience as a court reporter and: An affidavit of a judge for whom the person has worked as an official court reporter; Affidavits of three (3) licensed attorneys; or Affidavits of two (2) licensed attorneys and one (1) court reporting firm owner, unrelated by blood or marriage to the person, and who have utilized the services of the court reporter or the affidavit of the court reporting firm owner may state that the applicant has engaged in the practice of court reporting, which attest to the court reporter's proficiency in court reporting; Provides 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; or Provides proof of a court reporter license issued by any state; provided, that the state has the same or more stringent requirements of this chapter; and upon payment of a fee in an amount determined by the board, shall be licensed to practice as a court reporter. Any member in good standing of the Tennessee Court Reporters Association who holds the certified court reporter examination designation on or before January 1, 2010, upon payment of the licensure fee in an amount determined by the board, shall be automatically granted a license pursuant to this part and thereby may practice as a court reporter. Any member in good standing of the Tennessee Court Reporters Association who holds the certified court reporter designation on or before January 1, 2010, and does not apply for licensure within one (1) year of July 1, 2010, shall be required to pass the licensed court reporter examination and pay applicable licensure fees in order to become a licensed court reporter. Any member in good standing of the Tennessee Court Reporters Association who holds the registered professional reporter designation, or higher, from the NCRA, NVRA or AAERT on or before January 1, 2010, upon payment of the licensure fee in an amount determined by the board, shall be automatically granted a license pursuant to this part and thereby may practice as a court reporter. The deadline for receiving applications under subsections (a) and (b) shall be July 1, 2011. On or before October 1, 2012, any person who provides satisfactory proof that such person graduated from a court reporting program in this state prior to January 1, 2012, shall be licensed to practice as a court reporter. Acts 2009, ch. 450, § 1; 2010, ch. 1123, §§ 5, 6; 2012, ch. 960, § 1. Amendments. The 2010 amendment rewrote (a) which read: “Any person who is engaged in the practice of court reporting on July 1, 2009, and who provides to the board an affidavit setting forth past education and work experience as a court reporter and an affidavit of a judge for whom the person has worked as an official court reporter or affidavits of three (3) licensed attorneys, unrelated by blood or marriage to the person, and who have utilized the services of the court reporter, which attest to the court reporter's proficiency in court reporting, upon payment of a fee in an amount determined by the board, shall be licensed to practice as a court reporter. The deadline for receiving applications for grandfathering shall be July 1, 2011.”; substituted “on or before January 1, 2010” for “on July 1, 2009” throughout (b); and added (c). The 2012 amendment added (d). Effective Dates. Acts 2009, ch. 450, § 3. July 1, 2010; provided, that for the purpose of promulgating rules and regulations and appointment of board members, the act shall take effect June 23, 2009. Acts 2010, ch. 1123, § 13. June 29, 2010. Acts 2012, ch. 960, § 2. May 10, 2012. Attorney General Opinions. T.C.A. 20-9-613 does not unconstitutionally exclude from grandfather court reporter licensure status individuals who are not members of the Tennessee Court Reporters Association (“TCRA”) and include individuals on the basis of their TCRA membership. The statute provides a mechanism for individuals who are not TCRA members to gain grandfather court reporter licensure status and has a rational basis to include TCRA membership among the qualifications making an individual eligible for grandfathering. OAG 10-38, 2010 Tenn. AG LEXIS 38 (3/25/10).