R993.  Workforce Services, Rehabilitation.
R993-300.  Certification Requirements for Interpreters for the Deaf and Hard of Hearing.
R993-300-301.  Authority and Purpose.
	(1)  This rule is authorized by 35A-13-601 et seq.
	(2)  This rule is to establish standards and procedures for the certification of interpreters in the state of Utah.

R993-300-302.  Definitions and Acronyms.
	(1)  "Certified interpreter" means an individual who provides interpreter services and is certified 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.
	(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).
	(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.
	(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.

R993-300-304.  Examination of Candidate for Certification.
	The division will test and rate a candidate applying for interpreter certification consistent with the Manual. A candidate must pass both a knowledge 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.
	(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.
	(3)  Qualified continuing education is defined as education that is relevant to the profession, enhances the skills of the interpreter and 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.

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 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 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.

R993-300-309.  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.

KEY:  certification, interpreters
Date of Enactment or Last Substantive Amendment:  July 10, 2017
Authorizing, and Implemented or Interpreted Law:  35A-13-601 et seq.