DAR File No. 41616

Workforce Services, Rehabilitation

Rule R993-300

Certification Requirements for Interpreters for the Hearing Impaired

Notice of Proposed Rule

(Amendment)

DAR File No.: 41616
Filed: 05/10/2017 04:31:22 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to reorganize the rule.

Summary of the rule or change:

The prior rule was poorly organized and more difficult to use. These changes make the rule more closely track the statutory language. There are no changes being made to the Division of Rehabilitation practice or procedure.

Statutory or constitutional authorization for this rule:

• Section 35A-13-601 et seq.
• Section 35A-1-104
• Subsection 35A-1-104(4)

Anticipated cost or savings to:

the state budget:

This is a federally-funded program so there are no costs or savings to the state budget.

local governments:

This is a federally-funded program so there are no costs or savings to local government.

small businesses:

There are no costs or savings to any small businesses as there are no fees associated with this program and it is federally funded.

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

There are no costs or savings to any persons other than small businesses, businesses, or local government entities as there are no fees associated with this program and it is federally funded.

Compliance costs for affected persons:

There are no costs or savings to any affected persons as there are no fees associated with this program and it is federally funded. These changes will not impact the contribution rate of any employer.

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 spixton@utah.gov

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:

07/03/2017

This rule may become effective on:

07/10/2017

Authorized by:

Jon Pierpont, Executive Director

R993. Workforce Services, Rehabilitation.

R993-300. Certification Requirements for Interpreters for the Deaf and Hard of Hearing [ Hearing Impaired ].

R993-300-302. Definitions and Acronyms.

(1) "Certified interpreter" means [a person]an individual who provides interpreter services and is certified[or qualified] as required by state or federal law. This certification is obtained by completing and passing both a knowledge and performance (skills) based test.

(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[:] between individuals through American Sign Language (ASL) or a language system or code that is modeled after ASL, in whole or in part, or is in any way derived from ASL.

[(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) "Manual" means the policy and procedures manual governing the certification of interpreters used by the Division. The Manual is available on the Utah Interpreter Program website.

(8) "NAD-RID" means the National Association of the Deaf (NAD) and the Registry of Interpreters for the Deaf, Inc. (RID).

[(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)](9) "USOR" means the Utah State Office of Rehabilitation.

 

R993-300-303. Certification Requirements.

(1) Except as stated in 35A-13-609, an individual is required to be certified, or qualified as required by state or federal law, as a certified interpreter to provide interpreter services.

(2) There are three types of certification certified by the division.

(a) Novice: An entry level certification where an individual has the skills, knowledge and judgment to facilitate communication in a variety of situations, excluding more complex, technical, or other specialized situations.

(b) Professional: A master level certification where an individual has the skills, knowledge and judgment to be able to facilitate communication in almost any situation, including more complex, technical or other specialized situations.

(c) Certified Deaf Interpreter (CDI): A certification where a deaf or hard of hearing individual facilitates communication between:

(i) deaf or hard of hearing individuals and hearing individuals, or

(ii) deaf or hard of hearing individuals and other deaf or hard of hearing individuals, either as part of a team or independently.

The CDI brings a wider range of cultural and linguistic expertise to the interaction. Unlike Novice and Professional certification levels, this certification level allows the CDI to check the deaf or hard of hearing individual's understanding of what is being communicated, rather than solely interpreting the communication. The usage of a CDI is determined by the deaf, hard of hearing and hearing individuals' needs for effective communication.

[(1)](3) To be eligible for any level of certification as an interpreter, a candidate must:

(a) submit a completed, signed application;

(b) be of good moral character as defined in the Manual and by the ICB;

(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.

(4) Upon certification, the individual agrees to abide by NAD-RID Code of Professional Conduct as written in the Manual.[(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]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 Professional interpreter certificate or CID may be valid for up to four years. Each year, in order to maintain certification, an individual must pay a renewal fee and complete a renewal form. By the end of the certification period, in order to renew the certificate, an individual must also complete the requisite number of hours of continuing education.

(2) A Novice interpreter certificate expires after four years. Each year, in order to maintain certification, an individual must pay a renewal fee, complete a renewal form and complete the requisite number of hours of continuing education. Novice certified interpreters must successfully obtain a Professional level interpreter certificate or certifications recognized by the ICB prior to the end of four years. Novice certified interpreters that do not obtain an advanced level must wait four years before applying again for a Novice interpreter certification.[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.]

(3) Qualified continuing education is defined as education that is relevant to the profession, enhances the skills of the interpreter and [are]is 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 and the Manual.

 

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]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.

 

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

(1) Based on r993-300-307, the[The] director may, with the [advice]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[, 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.] Interpreters Certification Board Responsibilities.

(1) The ICB functions as an advisory board to the director and performs duties under the director's direction.

(2) The ICB reviews complaints regarding certified interpreters and applicants. Complaints that are regarding division employees or individuals that are not certified interpreters or applicants are not handled by the ICB.

(3) The ICB makes recommendations to the director regarding:

(a) Actions to take on complaints,

(b) Rules, policy and standards regarding the certification of interpreters,

(c) All other duties listed within 35A-13-604.

[(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: [October 1, 2016]2017

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