No. 40593 (New Rule): Rule R993-300. Certification Requirements for Interpreters for the Hearing Impaired

(New Rule)

DAR File No.: 40593
Filed: 07/07/2016 05:36:47 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to comply with H.B. 325 which was passed during the 2016 General Session of the legislature, and which moved the Utah State Office of Rehabilitation (USOR) to the Department of Workforce Services (DWS).

Summary of the rule or change:

This rule sets forth the requirements and procedure for obtaining certification to act as an interpreter for the deaf or hard of hearing. The rule has been rewritten, but no substantive changes have been made. The procedure will remain the same when USOR moves to DWS.

Statutory or constitutional authorization for this rule:

• Section 35A-13-601 et seq.

Anticipated cost or savings to:

the state budget:

This program is primarily funded by the federal government, and while there is state money, there are no costs or savings to the state budget from this proposed rule. This rule merely moves USOR from Education to DWS. Any costs incurred are already included in the USOR budget.

local governments:

This program is funded by state and federal government. There are no costs or savings to any local government from this proposed rule. This rule merely moves USOR from Education to DWS. Any costs for this program are already included in the USOR budget.

small businesses:

This program is funded by state and federal government. There are no costs or savings to any small businesses from this proposed rule. This rule merely moves USOR from Education to DWS. Any costs are already included in the USOR budget. There are no compliance costs associated with this rule.

persons other than small businesses, businesses, or local governmental entities:

There are no costs or savings for persons other than small businesses, businesses, or local government entities as this proposed change merely moves USOR's current rules from under Education to be under DWS, as per H.B. 325 (2016).

Compliance costs for affected persons:

There are no compliance costs for any affected person as this proposed change merely moves USOR's current rules from under Education to be under DWS, as per H.B. 325 (2016).

Comments by the department head on the fiscal impact the rule may have on businesses:

There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. These changes will have no impact on any employer's contribution tax rate.

Jon Pierpont, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Workforce Services
Rehabilitation
140 E 300 S
SALT LAKE CITY, UT 84111-2333

Direct questions regarding this rule to:

• Suzan Pixton at the above address, by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

08/31/2016

This rule may become effective on:

09/07/2016

Authorized by:

Jon Pierpont, Executive Director

RULE TEXT

R993. Workforce Services, Rehabilitation.

R993-300. Certification Requirements for Interpreters for the Hearing Impaired.

R993-300-301. Authority and Purpose.

(1) This rule is authorized by 35A-13-601 et seq.

(2) This rule is to establish standards and procedures for the certification of interpreters in the state of Utah.

 

R993-300-302. Definitions and Acronyms.

(1) "Certified interpreter" means a person who provides interpreter services and is certified or qualified as required by state or federal law.

(2) "Department" means the Department of Workforce Services.

(3) "Director" means the director of USOR.

(4) "Division" means the division of Services for the Deaf and Hard of Hearing.

(5) "Interpreter service" means a service that facilitates effective communication:

(a) between a hearing person and a person who is hearing impaired or deaf, including:

(i) a student to teacher;

(ii) a student to staff; or

(iii) a student to peer; and

(b) through:

(i) American Sign Language (ASL) or a language system or code that is modeled after or derived from ASL, in whole or in part; or

(ii) cued language.

(6) "ICB" means the Interpreters Certification Board.

(7) "Local education agency" or "LEA" means:

(a) a school district;

(b) a charter school; or

(c) the Utah Schools for the Deaf and the Blind.

(8) "USOR" means the Utah State Office of Rehabilitation.

 

R993-300-303. Certification Requirements.

(1) To be eligible for certification as an interpreter, a candidate must:

(a) submit a completed, signed application;

(b) be of good moral character;

(c) have a high school diploma, GED, or equivalent;

(d) be 18 years or older;

(e) submit the appropriate certification examination application fees; and

(f) successfully pass the necessary examinations.

(2) A person who provides interpreter service to an LEA shall complete a background check and submit to ongoing monitoring, prior to working in an LEA with a student:

(a) through the person's employer, whether the employer is an LEA or an agency that contracts with an LEA; and

(b) in accordance with the requirements of Title 53A, Chapter 15, Part 15, Background Checks.

(3) If requested by the division, an LEA shall identify and report all persons, including contractors, who provide interpreter services to a student of the LEA. The LEA must also report, if requested, all students who receive interpreter service and the provider of the service.

 

R993-300-304. Examination of Candidate for Certification.

The division will test and rate a candidate applying for interpreter certification consistent with the division's policy manual. A candidate must pass both a written knowledge examination and a performance examination. The knowledge examination must be successfully passed before a candidate is eligible to take the performance examination.

 

R993-300-305. Renewal and Reinstatement.

(1) A person holding a Professional interpreter certificate may have that certificate renewed every four years by paying a renewal fee and completing the requisite number of hours of qualified continuing education. A person holding a Novice level interpreter certificate may have that certificate renewed annually for up to three years by paying a renewal fee and completing the requisite number of hours of qualified continuing education. Qualified continuing education is defined as education that is relevant to the profession, enhances the skills of the interpreter and are approved by the director in consultation with the ICB. The requisite number of hours of qualified continuing education is set by the director in consultation with the ICB. The number of hours necessary for renewal is available at all division offices.

(2) A person whose interpreter certificate has been suspended or revoked for unlawful or unprofessional conduct may apply for reinstatement to the director. The director may, after consultation with the ICB, require the applicant for reinstatement to complete the procedure for certification or designate the areas of the application process that need to be completed.

 

R993-300-306. Temporary Exemptions from Certification.

With approval from the division, an individual may engage in the practice of a certified interpreter without being certified as provided in Section 35A-13-609.

 

R993-300-307. Unlawful and Unprofessional Conduct.

(1) Unprofessional conduct is conduct by a certified interpreter that:

(a) violates, or aids or abets another in violating, generally accepted professional or ethical standards applicable to the profession of a certified interpreter;

(b) physically, mentally, or sexually abuses or exploits an individual through conduct connected with a certified interpreter's practice; or

(c) violates any provision of the NAD-RID Code of Professional Conduct which is available on National Association of the Deaf (NAD) website and the Registry of Interpreters for the Deaf, Inc. (RID) website.

(2) Unlawful conduct is defined in Section 35A-13-611.

(3) A complaint alleging unlawful or unprofessional conduct by a certified interpreter must be filed with the Department and referred to the director.

(4) The director or a designee will review and investigate each complaint. This includes contacting, or otherwise providing notice to, the interpreter if it appears the interpreter may have engaged in unlawful or unprofessional conduct.

(5) If it is determined the certified interpreter engaged in unlawful or unprofessional conduct, the director will issue a written decision which will include the appropriate discipline and appeal rights.

 

R993-300-308. Grounds for Denial of Certification and Disciplinary Proceedings.

(1) The director may, with the advice of the ICB:

(a) refuse to issue a certification to an applicant;

(b) refuse to renew a certificate;

(c) revoke, suspend or restrict a certificate;

(d) place a certified interpreter on probation; or

(e) otherwise act on the certificate of a certified interpreter who does not meet the qualification for certification under the Interpreter Services for the Deaf and Hard of Hearing Act or these rules.

(2) The director will issue a decision if any of the actions described in subsection (1) of this section is taken. The decision will be in writing and will:

(a) advise an applicant, translator on conditions under which he or she may obtain certification, reinstatement or renewal of certification if any. This may include completing the procedure for certification; and

(b) notify the applicant or interpreter of his or her appeal rights.

(3) Within 30 days of the date the decision of the director is issued, the interpreter may appeal the decision by filing a written appeal with the Adjudication and Appeals Division. Hearings will be conducted in accordance with Department rules r993-100-104 through r993-100-114 and the Utah Administrative Procedures Act. Hearings are declared to be informal however the Department reserves the right to record hearings.

(4) Either party has the option of appealing the decision of the ALJ to either the Executive Director or person designated by the Executive Director or to the District Court. The appeal must be filed, in writing, within 30 days of the issuance of the decision of the ALJ.

 

R993-300-309. Different Certificate Levels.

(1) The division issues two types of certificates: Novice and Professional.

(2) Candidates for both types of certificate must pass a written examination and a performance examination.

(3) Candidates must pass the written examination before taking the performance examination.

(4) All components of the Novice performance examination must be passed at the same time to successfully acquire Novice Certification.

(5) Not all components of the Professional performance examination must be passed at the same time. A candidate for a Professional certificate who passes one or more component(s) of the professional performance examination has 12 months to pass all remaining components. If all examination components are not passed within the 12 month period, any passed components are no longer valid and the entire exam, written and performance, must be taken again. A candidate who does not pass any portion of the exam must submit a new application and payment to continue in the examination process.

(6) Examination procedures, including penalties for not attending a schedule performance examination, are set by policy and are available in the manual on the division's website.

(7) The ICB sets the passing scores for all examinations.

 

KEY: certification, interpreters

Date of Enactment or Last Substantive Amendment: 2016

Authorizing, and Implemented or Interpreted Law: 35A-13-601 et seq.

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