SIMMS, Justice:
Ken Pierce, Chairman of the State of Board of Examiners of Official Shorthand Reporters (Board) filed a formal complaint against Respondent, Kenneth Isbell, a Certified Shorthand Reporter, seeking revocation or suspension of his license based on alleged violations of certain Rules of the Board, which were approved and adopted by the Supreme Court of Oklahoma. Thereafter, Ken Pierce recused from any further proceedings in the matter before the Board.
After receiving notice and a copy of the complaint, Respondent filed an answer, however he failed to appear at the hearing before the Board, either in person or by counsel. After hearing testimony and receiving documentary evidence, the Board unanimously found that Respondent had intentionally violated and failed to comply with certain rules of the Board, 20 O.S. 1981, Ch. 20, App. 1, while he was a member of the Board, in the following manner:
I. "Rule 8,
,by picking up the paper of Mrs. B. when he saw her place it on the desk at which he was seated thereby learning her identity; and that he took her paper along with the papers of other applicants from the test site after telling another member of the Board before he left the test site that he had no papers."
II. "That respondent intentionally violated and failed to comply with Rule 12
by notifying Mrs. M. and Mrs. B. that
they had passed the test prior to official notification of the Board."
III. "Rule 11
by undercounting and failing to score the proper number of errors, thereby falsifying the test papers of Mrs. M. and Mrs. B."
IV. That respondent intentionally violated and failed to comply with Rule 14
by fictionalizing and falsifying the transcript paper of Mrs. B., i.e., typing it himself, and stapling it to her stenographic notes, thereby attempting to certify Mrs. B. as a certified shorthand reporter when she was not qualified because of failure to pass the test."
Title 20, O.S.Supp. 1982, Ch. 2, App. 2, Rule 7(B). provides:
"Either the complainant or the court reporter may, within twenty (20) days of receipt of notice of completion and transmittal of the record, file their brief-in-chief contesting the Board's recommendation or in part thereof. . . ."
Neither complainant nor respondent filed a brief in chief within the time prescribed by rule, and respondent was ordered to show cause why the matter should not be submitted on the transcript and evidentiary documents. Isbell filed a response to the show cause order wherein he alleges undue hardship because of the recommended suspension; the recommended suspension is unduly harsh; some of the acts complained of were not violative of a Rule; the suspension was predicated, in part, upon perjured testimony, which Isbell fails to refute by affidavit or otherwise; and other evidentiary matters.
Upon a complete review of the transcript, depositions, and documentary evidence, we find the Board has met its "burden of persuasion on the material elements of the complaint." 20 O.S.Supp. 1982, ch. 20, app. 2, Rule 6(B). The record shows the Board met the burden by clear and convincing evidence. We adopt this standard of proof in cases involving the suspension or revocation of a shorthand reporter's license.
The recommendation of the Board of Examiners of State Shorthand Reporters as to discipline is adopted; and respondent is ordered suspended as a certified shorthand reporter for a period of One (1) Year from the date this opinion becomes final; and, respondent Isbell shall forthwith surrender his CSR seal to the complainant Board; and respondent Isbell is prohibited from using the words "Certified Shorthand Reporter" to describe his professional status on any certificate or other instruments or until such time as respondent is reinstated as a Certified Shorthand Reporter.
Payment of costs of these disciplinary proceedings shall be a condition precedent to readmission.
RECOMMENDATION OF THE STATE BOARD OF EXAMINERS OF OFFICIAL SHORTHAND REPORTERS IS ADOPTED AND APPROVED. RESPONDENT ORDERED SUSPENDED.
HARGRAVE, C.J., OPALA, V.C.J., and HODGES, LAVENDER, DOOLIN, ALMA WILSON and KAUGER, JJ., concur.
SUMMERS, J., concurs in result.