Ala. Admin. Code r. 257-X-5-.04
Investigation
Effective Apr 14, 2025New Rule: Filed April 19, 2007; effective May 24, 2007. Amended: Filed June 19, 2012; effective July 24, 2012. Amended: Filed October 19, 2018; effective December 3, 2018. Amended: Published February 28, 2025; effective April 14, 2025.Alabama Board of Court Reporting
- (1) Upon self-disclosure or receipt of a written complaint on an ABCR Consumer Complaint Form signed by the person making the complaint, alleging that a court reporter has violated a statute or rule by committing one or more of the actions specified as grounds for disciplinary action, the Executive Director shall perform a preliminary review of the facts stated to determine if a violation of the Board’s law or its rules may have occurred. The Consumer Complaint Form must be complete before an investigation is initiated. Complaints must be submitted to the Board within ninety (90) days of the alleged occurrence.
- (2) When a preliminary review discloses that further investigation is not warranted, the Executive Director may close the investigative file without any further action.
(3) When the Executive Director determines there may be merit and sufficient evidence to warrant an investigation, he may request that the Chair appoint a Board member to assist in the investigation and may utilize any investigator engaged by the Board and seek legal assistance from Board counsel. Any Board member appointed to assist in an investigation shall not participate in the Board's deliberations regarding the matter.
- (a) Within five (5) business days of receipt of a written complaint being filed against a licensee or unlicensed court reporter, the Board or its designee shall notify the court reporter of the allegations and provide a copy of the complaint by certified mail, addressed to the last known address of the court reporter on file with the Board. The court reporter may submit a written response to the allegations, together with any supporting documentation, to the Executive Director within fifteen (15) days of receipt of the Board’s notification and may request an in-person meeting within such fifteen (15) day period. A request for an in-person meeting may be granted at the sole discretion of the Executive Director.
- (b) The Executive Director, with assistance from any Board member designated to assist in the investigation, shall review the complaint and other information submitted to determine if further investigation is warranted.
- (c) If the Executive Director, with assistance of any Board member designated to assist in the investigation, determines that further investigation is not warranted, the Executive Director may close the investigative file. The Executive Director shall notify the complainant and the court reporter against whom the complaint was made that the investigation has been closed.
Author: Alabama Board of Court Reporting
Statutory Authority: Code of Ala. 1975, §§34-8B-1 thru 34-8B-18.
History: New Rule: Filed April 19, 2007; effective May 24, 2007. Amended: Filed June 19, 2012; effective July 24, 2012. Amended: Filed October 19, 2018; effective December 3, 2018. Amended: Published February 28, 2025; effective April 14, 2025.