DAR File No. 40800
This rule was published in the October 1, 2016, issue (Vol. 2016, No. 19) of the Utah State Bulletin.
Certification Requirements for Interpreters and Transliterators for the Hearing Impaired
Notice of Proposed Rule
DAR File No.: 40800
Filed: 09/15/2016 05:52:08 PM
Purpose of the rule or reason for the change:
Repealing Rule R280-203 is in response to H.B. 325, Office of Rehabilitation Services Amendments, from the 2016 General Session. Effective 10/01/2016, state law provides for the Utah State Office of Rehabilitation (USOR) to move from under the direction of the Utah State Board of Education (Board) and Superintendent to under the direction of the Department of Workforce Services and its executive director, at which time the Board will no longer have statutory and rulemaking authority over the USOR.
Summary of the rule or change:
Rule R280-203 is repealed in its entirety.
Statutory or constitutional authorization for this rule:
- Section 53A-24-103
- Sections 53A-26a-303 through 53A-26a-305
- Section 53A-1-401
- Section 53A-26a-202
Anticipated cost or savings to:
the state budget:
Rule R280-203 is repealed in its entirety, which likely will not result in a cost or savings to the state budget.
Rule R280-203 is repealed in its entirety, which likely will not result in a cost or savings to local government.
Rule R280-203 is repealed in its entirety, which likely will not result in a cost or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
Rule R280-203 is repealed in its entirety, which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.
Compliance costs for affected persons:
Rule R280-203 is repealed in its entirety, which likely will not result in any compliance costs for affected persons.
Comments by the department head on the fiscal impact the rule may have on businesses:
To the best of my knowledge, there should be no fiscal impact on businesses as a result of the amendments to this rule.
Sydnee Dickson, State Superintendent
The full text of this rule may be inspected, during regular business hours, at the Office 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 and
Transliterators for the Hearing Impaired.
R280-203-1. Authority and Purpose.
(1) This rule is authorized by: (a) Section 53A-24-103, which places the USOR under the
policy direction of the Board; (b) Sections 53A-26a-202 and 53A-26a-303 through 305,
which authorize the Board to make rules to implement the
Interpreter Services for the Hearing Impaired Act; and (c) Subsection 53A-1-401(3), which authorizes the Board
to adopt rules in accordance with its responsibilities. (2) The purpose of this rule is to satisfy the directives
of Subsection 53A-26a-202(2), including: (a) certification qualifications provided in the
manual; (b) procedures governing an application for
certification; (c) provisions for a fair and impartial method of
examination of applicants; (d) a definition of unprofessional conduct by
interpreters and transliterators; and (e) conditions for reinstatement and renewal of
(1) "Advisory board" means the Interpreters
Certification Board: (a) created to assist the Board; and (b) with the responsibilities established by Sections
53A-26a-201 and 202. (2) "Certified interpreter or transliterator"
means a person who: (a) provides an interpreter or transliterator service;
and (b) is certified or qualified as required by state or
federal law. (3) "Hearing impaired or deaf" means a hearing
loss that: (a) necessitates the visual acquisition of the language;
or (b) adversely affects the acquisition of language and
communication but that does not preclude the auditory acquisition
of language. (4) "Interpreter or transliterator 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. (5) "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. (6) "Manual" means the Policy and Procedures
Governing the Certification of Interpreters and Transliterators
manual incorporated by reference in Section R280-203-3. (7) "USOR" means the Utah State Office of
R280-203-3. Incorporation of Policy and Procedure Manual by
(1) This rule incorporates by reference the Policy and
Procedures Governing the Certification of Interpreters and
Transliterators manual dated September 2015, which
establishes: (a) the procedure and requirements for certification and
certification renewal and exemption; (b) the length and level of certification; (c) the definition of unprofessional conduct; (d) the requirement for continued education; and (e) the disciplinary process. (2) A copy of the manual is located at: (a) http://uip.herokuapp.com/pages/laws_and_policies;
and (b) the Division of Services to the Deaf and Hard of
R280-203-4. Certification Qualifications and Report to the
(1) A candidate for certification shall be at least 18
years old. (2) A candidate shall pass written and performance
evaluations provided by the Division of Services to the Deaf and
Hard of Hearing, Utah Interpreter Program. (3) A candidate shall meet the criteria of Section
53A-26a-302 and the manual. (4) A person who provides an interpreter or
transliterator 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. (5) An LEA shall identify and report to the
Superintendent a person, including a contractor, who provides an
interpreter or transliterator service to a student for the LEA,
annually upon request. (6) An LEA shall identify and report to the
Superintendent a student who receives an interpreter or
transliterator service and the provider of the service, annually
R280-203-5. Examination of Applicants for Certification.
The Division of Services for the Deaf and Hard of
Hearing, Utah Interpreter Program staff shall test and rate a
candidate applying for interpreter or transliterator
certification consistent with the manual.
R280-203-6. Temporary Exemptions from Certification.
(1) A person may provide an interpreter or transliterator
service without being certified subject to the following
circumstances and limitations, and as outlined in the
manual: (a)(i) a candidate is engaged in providing an
interpreters or transliterator service while in a training
program approved by the Board to the extent the candidate's
activities are supervised by qualified staff, or
designee; (ii) the service is a defined part of the training
program; and (iii) if the candidate is providing a service in a public
school, the training program has a record that: (A) the candidate has had a successful fingerprint
background check within one year prior to the date of the
interpreting or transliterating service being provided;
or (B) the candidate is subject to ongoing monitoring as
described in Title 53A, Chapter 15, Part 15, Background
Checks; (b)(i) 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 (ii) the supervisor has a record of a successful
fingerprint background check if the candidate is providing the
service in a public school, consistent with Title 53A, Chapter
15, Part 15, Background Checks and Rule R277-516; or (c) a candidate meets the criteria consistent with
Subsections 53A-26a-305(1)(d) through(f). (2) Violation of any limitation identified in this
section is grounds for rescission of exemption, denial of
certification, or other discipline as determined by the
R280-203-7. Unprofessional Conduct.
(1) The manual supplements the definition of
unprofessional conduct provided in 53A-26a-502. (2) The Board designates the procedure in this section as
an informal adjudicative proceeding under Section
63G-4-203. (3) A complaint alleging unprofessional conduct by a
certified interpreter or transliterator may be filed consistent
with the procedure in the manual. (4) A member of the advisory board shall assist the Board
in reviewing the recommendation of the Ethical Standards
subcommittee of the advisory board, as provided in Subsection
53A-26a-202(3) and upon request by the Board. (5) The Board shall make the final disciplinary decision
consistent with the manual.
R280-203-8. Renewal and Reinstatement.
(1) A person holding an interpreter or transliterator
certificate may have that certificate renewed as provided in the
manual. (2)(a) a person whose interpreter or transliterator
certificate has been suspended or revoked for unlawful or
unprofessional conduct may apply for reinstatement to the
Board. (b) The Board may: (i) require the applicant for reinstatement to complete
the procedure for certification; or (ii) upon consultation with the advisory board, designate
the areas of the application process in which the applicant will
KEY: certification, interpreters, transliterators
Date of Enactment or Last Substantive Amendment: November
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; 53A-26a-303 through
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2016/b20161001.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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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 Office of Administrative Rules.