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

  (1) Based on r993-300-307, the director may, with the guidance 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 or interpreter 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.