Alabama Administrative Code › Title 257 - ALABAMA BOARD OF COURT REPORTERS › Chapter 257-X-5 - DISCIPLINARY ACTION › Section 257-X-5-.04 - Investigation

Current through Register Vol. 42, No. 9, June 28, 2024
(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, an
			 investigative committee shall be formed, consisting of one (1) Board member,
			 Board counsel, and the Executive Director.
(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. In addition to submitting a written response to the allegations,
			 a court reporter may submit a written request to speak to the investigative
			 committee in person in response to the complaint within fifteen (15) days of
			 receipt of the Board's notification. It is solely within the discretion of the
			 investigative committee to grant or deny a request to meet with the
			 investigative committee.
(b) The
			 committee shall review the complaint and other information submitted to
			 determine if further investigation is warranted.
1. If further investigation is warranted, the
			 Board's investigator shall conduct a further investigation under the direction
			 of the Executive Director;
2. At
			 the conclusion of the investigation, the investigator shall submit a report to
			 be reviewed by the investigative committee, which has the authority to act on
			 the report.
3. The investigative
			 committee shall send written notification to the complainant and the court
			 reporter of any action it decides to take in response to the investigative
			 report.
(c) If the
			 committee determines that an 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.