Qualifications for Certification; Individuals With Disabilities

  1. Law
  2. Georgia Code
  3. Courts
  4. Court Reporters
  5. Training and Certification
  6. Qualifications for Certification; Individuals With Disabilities

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  1. Upon receipt of appropriate application and fees, the board shall grant a certificate as a certified court reporter to any person who:
    1. Has attained the age of 18 years;
    2. Is of good moral character;
    3. Is a graduate of a high school or has had an equivalent education; and
    4. Has, except as provided in subsection (b) of this Code section, successfully passed an examination in verbatim court reporting as prescribed in Code Section 15-14-30.
  2. Any person who has attained the age of 18 years and is of good moral character, who submits to the board an affidavit under oath that the court reporter was actively and continuously, for one year preceding March 20, 1974, principally engaged as a court reporter, shall be exempt from taking an examination and shall be granted a certificate as a certified court reporter.
    1. Reasonable accommodation shall be provided to any qualified individual with a disability who applies to take the examination who meets the essential eligibility requirements for the examination and provides acceptable documentation of a disability, unless the provision of such accommodation would impose an undue hardship on the board.
    2. Reasonable accommodation shall be provided to any qualified individual with a disability who applies for certification who meets the essential eligibility requirements for certification and provides acceptable documentation of a disability, unless the provision of such accommodation would impose an undue hardship on the board or the certification of the individual would pose a direct threat to the health, welfare, or safety of residents of this state.
    3. The term "disability," as used in paragraphs (1) and (2) of this subsection, means a physical or mental impairment that substantially limits one or more major life activities of such individual, a record of such an impairment, or being regarded as having such an impairment.

(Ga. L. 1974, p. 345, §§ 9, 11; Ga. L. 1992, p. 6, § 15; Ga. L. 1993, p. 1315, § 7.)

OPINIONS OF THE ATTORNEY GENERAL

O.C.G.A. § 15-14-29 cannot be constitutionally applied so as to prohibit an individual who is not a citizen from being certified as a court reporter since the citizenship requirements do not meet the test in Cabell v. Chavez-Salido, 454 U.S. 432 (1982) for determining whether a restriction fits within the narrow "political function" exception to the general rule that discrimination based on alienage triggers strict scrutiny. 1992 Op. Att'y Gen. No. 92-23.


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