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 Division within 30 days from the incident, and will be referred to the director.

  (a) Complaints not filed within 30 days due to exceptional circumstances beyond the complainant's control may be accepted if the complainant contacts the Division within five days of the date of the exceptional circumstance.

  (b) The director or designee will determine if the exceptional circumstance qualifies for an extension to the 30 day time frame.

  (4) The director or a designee will review and investigate each complaint as described in the Manual. 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.

  (6) An individual whose interpreter certificate has been suspended or revoked for unlawful or unprofessional conduct may apply for reinstatement to the director or designee. The director or designee 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.