DAR File No. 39790
This rule was published in the October 15, 2015, issue (Vol. 2015, No. 20) of the Utah State Bulletin.
Certification Requirements for Interpreters/Transliterators for the Hearing Impaired
Notice of Proposed Rule
DAR File No.: 39790
Filed: 09/30/2015 11:11:26 AM
Purpose of the rule or reason for the change:
Rule R280-203 is amended to change terminology and other language to make the rule consistent with the Policies and Procedures Governing Certification of Interpreters and Transliterators Manual (manual), to update the publishing date of the manual, and to change the title of the committee that reviews complaints.
Summary of the rule or change:
The amendments to Rule R280-203 change cued speech to cued language; change the title of the committee that reviews complaints from the commission to the Ethical Standards Subcommittee of the Advisory Board; provide for ongoing monitoring under the requirements of Title 53A, Chapter 15, Part 15, Background Checks; and provide technical and conforming changes throughout the rule. Additionally, the updated manual is incorporated by reference into this rule.
State statutory or constitutional authorization for this rule:
- Section 53A-26a-202
- Section 53A-24-103
- Subsection 53A-1-401(3)
- Sections 53A-26a-303 through 53A-26a-305
This rule or change incorporates by reference the following material:
- Updates Policy and Procedures Governing the Certification of Interpreters and Transliterators Manual, published by Utah State Office of Rehabilitation, Division of Services to the Deaf and Hard of Hearing�Interpreter Certification Board, 06/01/1997
Anticipated cost or savings to:
the state budget:
The amendments to this rule provide for updated definitions, changes to a committee title, ongoing monitoring, incorporating by reference an updated manual, and numerous technical and conforming changes. These amendments will likely will not result in a cost or savings to the state budget.
The updates and technical and conforming changes will likely not result in a cost or savings to local education agencies (LEAs).
If a small business employs interpreters and transliterators, the business may pay $13 per person for its employees to have a criminal background check and ongoing monitoring to have access to Utah public school students. Costs are speculative.
persons other than small businesses, businesses, or local governmental entities:
Interpreters and transliterators will have to pay a fee of approximately $13 to comply with background check requirements of this rule and the law. The cost is difficult to determine because we do not know the number of interpreters and transliterators working in Utah public schools.
Compliance costs for affected persons:
There are compliance costs in the amount of $13 per person to submit to a criminal background check and ongoing monitoring consistent with this rule and the law, for an interpreter or transliterator to work with students in Utah public schools.
Comments by the department head on the fiscal impact the rule may have on businesses:
There may be some costs to businesses that employ interpreters and transliterators if the business chooses to pay the costs of background check requirements for its employees. Costs are speculative.
Brad C. Smith, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Education
250 E 500 S
SALT LAKE CITY, UT 84111-3272
Direct questions regarding this rule to:
- Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at firstname.lastname@example.org
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:
This rule may become effective on:
Angela Stallings, Associate Superintendent, Policy and Communication
R280. Education, Rehabilitation.
R280-203. Certification Requirements for Interpreters[
Transliterators for the Hearing Impaired.
. Authority and Purpose.
A.] This rule is authorized by
which places the USOR under the policy direction of the
The Board is authorized under] 53A-1-401(3)
to adopt rules [ and policies ]in accordance with its
B.] The purpose of this rule is to satisfy the directives of
1]) certification qualifications provided in the [ M]anual;
2]) procedures governing
application[ s] for certification;
3]) provisions for a fair and impartial method of examination
of applicants;[ and]
4]) [ procedures for determining] unprofessional conduct by interpreters[ /]
A.] "Advisory board" means the Interpreters
created to assist the Board[
created by] and
with the responsibilities [
of] 53A-26a-201 and 202.
B. "American Sign Language (ASL), cued speech, and
oral interpreting" are types of alternative communications for
purposes of this rule. C. "Board" means the Utah State Board of
D.] "Certified interpreter[ /]
transliterator" means [ an individual] who
transliterator service[ s] and
is certified or qualified as required by state or federal law.
E.] "Hearing impaired or deaf" means a hearing
loss [ which]:
1]) necessitates the visual acquisition of the language;
2]) adversely affects the acquisition of language and
communication but [ which] does not preclude the auditory acquisition of
F.] "Interpreter[ /]
transliterator service[ s]" means
service[ s] that facilitate
between a hearing person and a person who is hearing
impaired or deaf, [
student to teacher[
student to staff
student to peer[
or a language system or code that is modeled after
ASL, in whole or in part[
, or is in any way derived from ASL]; or
G.] "[ LEA" means a l]ocal education agency[ ,][ including local school boards/public]
s, and, for purposes of this rule,]
the Utah Schools for the Deaf and the Blind.
H.] [ "Policies and Procedures Governing Certification of
Interpreters and Transliterators Manual, 2009 (Manual),"
hereby incorporated by reference under 63G-3-201(7), means the
manual that provides procedures for the certification examination
process, renewal of certification, length of certification, levels
of certification, examination, scoring, temporary permits, and the
disciplinary process for interpreters/transliterators in the event
I.] "USOR" means the Utah State Office of
. Certification Qualifications and Report to the [ USOE].
[ C]andidate[ s] for certification shall be at least 18 years
[ C]andidate[ s] shall pass written and performance evaluations
provided by the Division of Services to the Deaf
[ C]andidate[ s] shall meet the criteria of
D.] [ All individuals] who provide
transliterator service[ s] to an LEA shall complete a background check[ ,] prior to working in an LEA
employer [ or an LEA that contracts for the contractor's
E.] An LEA shall identify and report to the [ USOE] [ individuals], including
contractor[ s], who provide
transliterator service[ s] to
student[ s] for the LEA, annually upon request.
F.] An LEA shall identify and report to the [ USOE] student[ s] who receive
transliterator service[ s together with]
the provider of
service[ s], annually upon request.
. Examination of Applicants for Certification.
The Division of Services for the Deaf and
Hard of Hearing
s Certification Panel]
shall test and rate
candidate[ s] applying for interpreter[ /]
transliterator certification consistent with the [ M]anual.
. Temporary Exemptions from Certification.
A.] [ Individuals may engage in the practice of a
certified] interpreter[ /]
transliterator [ in the public schools] without being certified subject to the following
circumstances and limitations
a candidate is engaged in providing
interpreters[ /] transliterator service[ s] while in
[ in a recognized school ]approved by the Board to
the extent the candidate's activities are supervised by
qualified staff, or designee[ ,]
a defined part of the training program[ ,] and
the training program has a record that
the candidate has had a successful fingerprint
background check within one year prior to the date of the
/] transliterating service[ s] being provided
a candidate is engaged in an internship, residency,
apprenticeship, or an on-the-job training program approved by the
Board while under the supervision of qualified persons[ ,] and
who have] record of a successful fingerprint
, consistent with [ Section 53A-3-410(2)] and
3]) a candidate meets the criteria consistent with S
ections 53A-26a-305(1)(d) through [ 53A-26a-305](f).
B.] Violation of any limitation identified in [ R280-203-5] is grounds for rescission of exemption, denial
of certification, or other discipline as determined by the
. Unprofessional Conduct.
A.] The [ M]anual supplements the definition of unprofessional conduct
provided in 53A-26a-502.
B.] The Board designates the procedure in [ R280-203-6] as an informal adjudicative proceeding[ ,] under Section 63G-4-203.
C.] A complaint alleging unprofessional conduct by a
certified interpreter[ /]
transliterator may be filed consistent with the procedure
in the [ M]anual.
D.] A member of the advisory board shall assist the Board in
reviewing the recommendation of the [ Commission], as
53A-26a-202(3) and upon request by the Board.
E.] The Board shall make the final disciplinary decision
consistent with the [ M]anual.
. Renewal and Reinstatement.
A.] [ An individual] holding an interpreter[ /]
transliterator certificate [ is eligible to] have that certificate renewed as provided in the [ M]anual.
B.] [ An individual] whose interpreter[ /] transliterator certificate has been suspended or revoked
for unlawful or unprofessional conduct may apply for reinstatement
to the Board.
The Board may
require the applicant for reinstatement to complete the procedure for certification or
may, ]upon consultation with the advisory board,
designate the areas of the application process in which the
applicant [ shall] be reviewed.
KEY: certification, interpreters[
Date of Enactment or Last Substantive Amendment: [
Notice of Continuation: September 9, 2014
Authorizing, and Implemented or Interpreted Law: 53A-24-103; 53A-1-401(3); 53A-26a-201; 53A-26a-202
More information about a Notice of Proposed Rule is available online.
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For questions regarding the content or application of this rule, please contact Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Division of Administrative Rules.