Rule 10.3 - Discipline; Disciplinary Procedures(a) Discipline. Discipline may consist of the following: (1) Written or oral reprimand; (3) Suspension of certification for a period not to exceed one (1) year; or (4) Revocation of certification.(b) Confidentiality. All certified shorthand reporter disciplinary proceedings shall remain confidential until the board recommends public reprimand, revocation, or suspension of certification of a court reporter unless: (i) the respondent reporter elects in writing to make the proceedings public, or (ii) the proceedings are disclosed by the respondent reporter's actions. Records filed with the Supreme Court and any oral argument held before the Court are not confidential.(c) Disciplinary Procedure. (1) Initial investigation and determination of cause to proceed. All written allegations of reporter misbehavior shall be referred to the board. Such written allegations may be submitted by any person. Any board member submitting an allegation shall not participate in the board's deliberations in deciding the merits of the complaint and/or penalties; however, such board member may participate in the hearing as the complaining witness. The board shall not consider oral or anonymous allegations. At all stages of the proceedings set out hereafter, the respondent reporter may be represented by counsel.(2) Notice of allegations. The board shall send or deliver a copy of the allegations of misbehavior to the subject reporter and shall require the reporter to submit a written response within twenty (20) days after the copy is sent or delivered. The board may extend the time for a response at the reporter's request, but the extension shall not be for more than thirty (30) days.(3) Intent not to pursue; notice. After reviewing the allegations and the Reporter's response thereto, if any, the board may determine the allegations do not assert grounds for discipline or that the claim is so trivial that discipline would be unwarranted even if the allegations were true. In such case, the board shall notify the complainant and the respondent Reporter in writing that the matter will not be pursued further and the reasons therefor.(4) Formal complaint; notice and complaint to reporter; setting hearing date. After reviewing the allegations and the reporter's response thereto, if any, the board may determine that the facts alleged would be grounds for discipline, if proved. In such case, the board shall notify the respondent reporter of such determination and set a hearing date, which date shall not be less than thirty (30) days and not more than sixty (60) days from the certified mailing or hand delivery of the formal complaint and notice unless the time is extended by written request of the respondent reporter.(5) Reporter's answer to complaint. Within twenty (20) days after the complaint is mailed to the respondent reporter, the respondent reporter shall reply to the complaint by hand delivery or certified mailing of seven copies of an answer to the board. The answer shall specifically admit or deny the facts alleged in the complaint and shall assert all defenses the respondent reporter intends to assert. Failure to answer the complaint will be deemed an admission of any facts stated therein.(6) Disclosure of evidence. Within five (5) days after the reporter's answer is filed, the board shall submit to the respondent reporter: (i) copies of all documents to be presented as evidence against the respondent reporter, (ii) the names of all witnesses who will be called to testify before the board, and (iii) a list of all physical exhibits to be introduced in evidence before the board. Within five (5) days thereafter, the respondent reporter shall likewise submit to the board copies of all documents the respondent reporter will introduce into evidence, along with the names of all witnesses the respondent reporter will call to testify and a list of all physical exhibits to be introduced in evidence.(d) Hearing. (1) Conduct of hearing proceedings; evidence; standard of evidence. The board shall conduct the hearing in confidential session unless the respondent reporter requests that the hearing be open to the public. The respondent reporter shall be entitled to be present at all proceedings in which evidence is taken, but no session shall be postponed because the respondent reporter, having had notice the hearing would be conducted, fails to attend. The board may administer oaths or affirmations in matters before them. The board may compel by subpoena the attendance of witnesses and the production of evidence, including pertinent books, papers, documents, tape recordings, computer records or other digital media. The board members shall hear evidence from complainant and respondent reporter and witnesses, as necessary. The board may, by majority vote, decline to hear or consider any evidence not disclosed prior to the hearing as provided above. Violations of the Rules Governing Court Reporting in the State of Hawai'i shall be found only upon clear and convincing evidence, but the Hawai'i Rules of Evidence shall not apply and the board may consider all trustworthy evidence. (2) Board findings, conclusions and recommendations. Within thirty (30) days after the conclusion of the hearing on the complaint, the board shall, by majority vote, enter written findings of fact; conclusions as to which rules, if any, the respondent reporter violated; and recommendations for proposed discipline, if any. Notice of board findings, conclusions and recommendations shall be sent by certified mail to the respondent reporter, each board member and the Supreme Court Clerk. (3) Finality. The board's findings and recommendations are final and shall not be subject to further review except by the Supreme Court.(e) Supreme Court Review and Decision. The Supreme Court shall not entertain briefs or oral argument except: (i) within its discretion upon application of the respondent reporter submitted within ten (10) days after the written findings of fact are filed with the Supreme Court Clerk; or (ii) upon request of the Supreme Court. If an application to submit briefs or to entertain oral argument is granted, the Supreme Court shall set the dates for submission of briefs or oral argument, if any. As in all other matters before the Court, the Court may issue opinions or orders or may adopt and publish the written findings and recommendations contained in the board's notice thereof.Added April 25, 2003, effective 7/1/2003.