CHAPTER Int
100 DEFINITIONS, ORGANIZATION, AND
PUBLIC INFORMATION
Statutory Authority:
RSA 326-1:5
PART Int
101 DEFINITIONS
Int 101.01 "'Board" means the New Hampshire
board of licensure of interpreters for the deaf and hard of hearing created by
RSA 326-I:2 and also comprehends the term “board of licensing of interpreters
for the deaf and hard of hearing” as used in RSA 326-I:3
Source. #7851, eff 3-12-03; ss
by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11
Int
101.02 "Classification system
program" means the
Source. #7851, eff 3-12-03; ss
by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11
Int
101.03 "Deaf person" means a person whose sense of hearing is nonfunctional for
the purpose of communication and whose primary communication is visual.
Source. #7851, eff 3-12-03; ss
by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11
Int 101.04 "Hard-of-hearing person" means
person who has a hearing loss, who might or might not primarily use visual
communication, and who might or might not use assistive devices.
Source. #7851, eff 3-12-03; ss
by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11
Int 101.05 "Oral deaf" means a person whose
sense of hearing is nonfunctional for the purpose of communication and whose
primary communication is by speech reading and spoken English.
Source. #7851, eff 3-12-03; ss
by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 101.10)
Int 101.06 "Intermediary interpreter" means:
(a) An interpreter
who holds a certificate of Certified Deaf Interpreter or Reverse Skills
Certificate from the Registry of Interpreters for the Deaf, Inc.
(b) An interpreter
who is licensed, certified, or approved as an intermediary interpreter by a
professional licensing or approval body in any jurisdiction.
Source. #7851, eff 3-12-03; ss
by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 101.05)
Int 101.07 "Interpreting" means the process of
providing accessible communication between and among persons who are deaf, oral
deaf, hard-of-hearing, and who can hear, who do not share a common means of
communication. This process includes,
without limitation, interpreting and transliterating and visual, gestural,
auditory, and tactile communication.
Source. #7851, eff 3-12-03; ss
by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 101.06)
Int 101.08 "Interpreter referral service"
means a service the function of which is to find and refer to the requesting
party an interpreter licensed under RSA 326-I who is appropriate to the
assignment.
Source. #7851, eff 3-12-03; ss
by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 101.07)
Int 101.09 "Interpreter" means a person who
provides any of the following services:
(a) English-based
transliterating, which includes but is not limited to conveying a message via
visible representations of the English language such as manually coded English and
oral transliteration. This process
conveys information from one mode of English to another mode of English;
(b) American Sign
Language-based interpreting, which is the process of conveying information
between American Sign Language and English; or
(c) Intermediary
interpreting means interpreting services rendered by a deaf person to
facilitate communication between another deaf person and another licensed
interpreter or between 2 or more deaf persons.
Source. #7851, eff 3-12-03; ss
by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 101.08)
Int 101.10 "Nonfeasance" means, in pertaining
to the duties of the board, when a board member misses 3 board meetings during
one calendar year.
Source. #7851, eff 3-12-03; ss
by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 101.09)
PART Int
102 DESCRIPTION OF THE BOARD
Int 102.01 Composition and Functions.
(a) The board
consists of 9 members appointed by the governor and council, pursuant to RSA
326-I:3.
(b) The powers and
duties of the board include:
(1) Accepting applications for licensure, and approving
or denying such applications;
(2) Approving and enforcing performance
requirements, including education and examination standards, for interpreters
for the deaf and hard of hearing;
(3) Suspending or revoking licenses and
conducting investigations and hearings regarding the denial, suspension,
revocation, and renewal of licenses;
(4) Adopting a code of professional conduct for
licensees;
(5) Renewing licenses for interpreters for the
deaf and hard of hearing;
(6) Maintaining a directory of all licensed
interpreters for the deaf and hard of hearing.
The directory shall be updated, published, and shall be offered for sale
to the public at a fee to be equal to the cost of reproduction.
(7) Accepting written
complaints from the public against licensees, conduct necessary investigations
of such complaints and publicize the complaint procedure;
(8) Accepting funds from federal and other
non-state sources to be used for performing its duties;
(9) Cooperating with the New Hampshire Registry of
Interpreters for the Deaf, Inc., the New Hampshire Association of the Deaf,
Hearing Loss Association of America, the New Hampshire League for the Hard of
Hearing, the department of education, bureau of vocational rehabilitation, and
interpreter referral services to provide access to the services of interpreters
to persons communicating with deaf and hard of hearing persons;
(10) Reporting to the governor and council
annually on the activities conducted by the board;
(11) Recommending to the governor and council that
any board member be removed and replaced for malfeasance, misfeasance, or
nonfeasance pertaining to the duties of the board; and
(12) Adopting rules under RSA 541-A, in accordance
with RSA 326-I:5.
(c) The board shall
be an administratively attached agency, under RSA 21-G:I0, to the department of
education.
(d) The bureau of
vocational rehabilitation, program for the deaf and hard of hearing, shall
provide the administrative support necessary for the board to perform its
record-keeping and administrative functions, and its day-to-day
operations. The bureau shall be the
custodian of the board's records, as provided in Int
103.03.
(e) The board shall
meet at least quarterly, and at such additional times as called for by the
chairperson or by majority vote of the board.
(f) A quorum for a
meeting or hearing of the board shall be 5 members pursuant to RSA 326-I:3, VI.
Source. #7851, eff 3-12-03; ss
by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11
Int 102.02 Attendance at Meetings by Members of the
Public.
(a) Pursuant to RSA
91-A:2, II, members of the public may attend and record board meetings except for
those parts of the meetings that are nonpublic sessions as defined in RSA
91-A:3.
Source. #7851, eff 3-12-03; ss
by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 102.05)
Int 102.03 Notice of Meetings.
(a) Notice of the
time and place of board meetings, excluding emergency meetings, shall be given
in accordance with RSA 91-A:2, II.
(b) Information
about the time and place of board meetings shall also be available by telephone
at the numbers stated in Int 103.01(a) and (b).
Source. #7851, eff 3-12-03; ss
by #9942, INTERIM, eff6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 102.06)
Int 102.04 Record of Board Actions.
(a) Minutes shall be
kept of board meetings and of official actions taken by the board.
(b) Minutes of board
meetings shall record those members who participate in each vote and shall separately
record the position of members who choose to dissent, recuse themselves, or
concur.
(c) Upon final
approval, board minutes of actions that are not exempt from disclosure under
RSA 91A:3 or other applicable law shall be public records available for
inspection and copying during the board's ordinary office hours.
Source. #7851, eff 3-12-03; ss
by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 102.07)
Int 102.05 Committees.
(a) A committee
shall consist of one or more board members who have been directed by the board
to investigate and make recommendations on matters that could be handled by the
full board.
(b) When expressly
authorized by the board, the authority of a committee shall include:
(1) The retention of voluntary assistance from
qualified non-board members; and
(2) The retention of paid advisors or
consultants.
Source. #7851, eff 3-12-03; ss
by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 102.08)
PART Int
103 PUBLIC REQUESTS FOR INFORMATION
Int 103.01 Office Location and Contact Information.
(a) The board's
office location and contact information:
1-800-299-1647 (voice or TTY)
603-271-3471 (voice)
603-463-0728 (Video Phone)
603-271-7095 (FAX)
Licensure Board:
www.education.nh.gov/career/vocational/deaf_hh_interp_lic_bd.htm
(b) Access for in-state TTY users is through
Relay New Hampshire by dialing 711 or 1-800-735-2964.
(c) The office is
open to the public during normal business hours.
Source. #7851, eff 3-12-03; ss
by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11
Int 103.02 Communication with the Board. Persons wishing to make submissions to or
requests of the board may communicate using the methods stated in Int 103.01.
Source. #7851, eff 3-12-03; ss
by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11
Int 103.03 Custodian of Records. The bureau of vocational rehabilitation,
program for the deaf and hard of hearing, shall be the custodian of the board's
records and shall respond to requests to examine those portions of the board's
records that are public records.
Source. #7851, eff 3-12-03; ss
by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11
Int 103.04 Copies of Records.
(a) Persons desiring
copies of board records shall submit a request in writing or alternative format
pursuant to Int 205.02 that identifies as
particularly as possible the information being sought and shall agree to pay a
copying fee of $.25 per page. Indigent
persons requiring copies may request a waiver of copying cost.
(b) If records are
requested that contain both public information and information exempt from
disclosure pursuant to RSA 91-A or other law, the board shall delete the exempt
information and provide the remaining information.
Source. #7851, eff 3-12-0303; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11
Int 103.05 Access to Board
Rules.
The public may:
(a) Inspect and copy
the official version of the board's administrative rules at the board's office;
(b) Receive a copy
of the official version of the board's administrative rules by calling or
writing the board; or
(c) Find the
official version of the board's administrative rules on the board's website.
Source. #7851, eff 3-12-03; ss
by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11
CHAPTER Int
200 PRACTICE AND PROCEDURE
PART Int
201 PURPOSE
Int
201.01 Purpose In order to secure a just, efficient and
accurate resolution, it is the board’s objective to acquire sufficient information to make fair
and reasoned decisions on matters within its statutory jurisdiction, including
decisions on applications for licensure and complaints filed against licensees.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11; ss by #10359, eff 6-14-13
PART Int 202
DEFINITIONS
Int
202.01 Definitions. Except where the context makes another
meaning manifest, the following words have the meanings indicated when used in
this chapter:
(a) “Adjudicative proceeding” means “adjudicative
proceeding” as defined in RSA 541-A:1, I, namely “the procedure to be followed
in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36”.
(b) “Appearance” means a written notification to
the board that a party, an intervener or the representative of a party or
intervener intends to actively participate in an adjudicative proceeding.
(c) "Complaint" means a written
allegation of professional misconduct against a licensee or unlicensed
interpreter in written or alternative format pursuant to Int
205.05 .
(d) “Contested case” means “contested case” as
defined in RSA 541-A:1, IV, namely, “a proceeding in which the legal rights,
duties, or privileges of a party are required by law to be determined by an
agency after notice and an opportunity for hearing.”
(e) “Declaratory ruling” means, pursuant to RSA
541-A:1, V, a ruling by the board as to the specific applicability of any statutory
provision or of any rule or order of the board.
(f) "Hearing" means the process by
which the board receives and considers evidence, argument, or both, by methods
appropriate to the circumstances, and includes:
(1) Conducting trial-type evidentiary
proceedings;
(2) Directing the filing of
exhibits, affidavits, memoranda, briefs, or oral arguments; or
(3) Any combination of these or
similar methods.
(g) “Intervener” means a person initially without
the status of a party who participates upon motion in an adjudicative
proceeding to the extent permitted by the presiding officer acting pursuant to
RSA 541-A:32.
(h) “Investigation” means an inquiry by a board
designee for information concerning allegations of professional misconduct by a
licensee or unlicensed interpreter pursuant to RSA 326-I:7, IV (a).
(i) “Licensee” means a person licensed pursuant
to RSA 326-I.
(j) "Motion" means a request to the
presiding officer for an order or ruling directing some act to be done in favor
of the party making the motion, including a statement of justification or
reasons for the request.
(k) "Party" means “party” as defined by
RSA 541-A:1, XII, namely, “each person or agency named or admitted as a party,
or properly seeking and entitled as a right to be admitted as a party.”
(l) "Petition" means a request to the
board seeking an order or any other action or relief, but does not include a
license application, a complaint against a licensee, or a motion.
(m) "Presiding officer" pursuant to RSA
541-A:1, XIV, that individual to whom the board has delegated the authority to
preside over a proceeding, if any.
Otherwise the term means the chairperson of the board.
(n) “Proof by a preponderance of the evidence” means
a demonstration by admissible evidence that a fact or legal conclusion is more
probable than not to be true.
(o) "Rulemaking" means the statutory
procedures for the formulation of a rule set forth in RSA 541-A:3.
(p) "Unlicensed interpreter" means a
person exempt from the licensing requirements of RSA 326-I under the exemption
provided in RSA 326-I:7, IV (a) but subject to the disciplinary proceedings of
the board.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11; ss by #10359, eff 6-14-13
PART Int 203 COMPUTATION
OF TIME
Int
203.01 Computation of Time.
(a)
Unless otherwise specified, all time periods referenced in this chapter
shall be calendar days.
(b)
Computation of any period of time referred to in these rules shall begin
with the day after the action which sets the time period in motion, and shall
include the last day of the period so computed.
(c)
If the last day of the period so computed falls on a Saturday, Sunday or
legal holiday, then the time period shall be extended to include the first
business day following the Saturday, Sunday or legal holiday.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11; ss by #10359, eff 6-14-13
Int
203.02 Change in Allowed Times. A motion for a change of time shall be
granted by the presiding officer upon concurrence of all parties.
Source. #10040-A, eff 12-16-11; ss by #10359, eff
6-14-13
Int
203.03 Limitations. A motion to change time shall be filed at least
3 business days prior to the event in question.
Source. #10040-A, eff 12-16-11; ss by #10359, eff
6-14-13
PART Int 204 APPEARANCE AND REPRESENTATION
Int
204.01 Representation. A party or the party’s representative shall
file an appearance that includes the following information:
(a)
A brief identification of the matter;
(b)
A statement as to whether or not the representative is an attorney and
if so, whether the attorney is licensed to practice in
(c)
The party or representative’s address and daytime telephone number.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11; ss by #10359, eff 6-14-13
PART Int 205
FILING FORMAT AND SERVICE OF DOCUMENTS
Int
205.01 Filing of Documents with the
Board.
(a) A document shall be considered filed when it
is actually received at the board's office in
(b) A deaf or hard-of-hearing person may file any
document with the board in an alternative format in accordance with Int 205.02.
(c) Documents filed with the board under these
rules shall:
(1) Include the title and docket
number of the proceeding, if known;
(2) By typewritten or clearly
printed on durable paper 8 ½ by 11
inches in size;
(3) Be signed by the party or
proponent of the document, or, if the party appears by a representative, by the
representative; and
(4) Include a statement
certifying that a copy of the document has been delivered to all parties to the
proceeding, except for documents that do not need to be served pursuant to Int 205.01(f).
(d) A document tendered for filing which fails to
meet the requirements of the board’s rules shall be returned to the sender and
not accepted for filing.
(e) The board shall provide the complainant with
an opportunity to correct any defects and:
(1) Notify the complainant of
the rules to which the document failed to conform;
(2) Request any additional information
the board is permitted by law to require;
(3) Notify the complainant of
the contact information of the board member or agency designee who may be
contacted regarding the complaint; and
(4) Provide a deadline for
submission of the additional information.
(f) All correspondence to the board shall be
addressed to the board's office in
(g) All documents except an original complaint of
licensee misconduct under Int 205.01 or documents
provided in the alternative format under Int 205.02
shall be filed with an original and 11 copies.
Only a single copy of the complaint or the alternative format document
shall be filed.
Source. #7852-B, eff
3-12-03, EXPIRED: 3-12-11
New. #9942, INTERIM, eff 6-18-11, EXPIRED:
12-15-11
New. #10040-A,
eff 12-16-11 (from Int 204.01); ss by #10359, eff
6-14-13
Int
205.02 Alternative Format For
Documents.
(a) The following documents may be filed with the
board in an alternative format described in paragraphs (b)-(d):
(1) Documents filed under Int 205.01;
(2) Petitions under Int 213.02;
(3) Complaints of licensee
misconduct filed under Int 206.01
(4) Motions and objections to
motions under Int 210.01;
(5) Motions to intervene under Init 209.05;
(6) Motions to request
information under Int 209.07; and
(7) Evidence submitted to the
board under Int 209.08.
(b) A deaf or hard-of-hearing person may use
recording equipment such as a video camera to prepare a document.
(c) A deaf or hard-of-hearing person may tell
another person the information required for a document, who shall then write
the document for them. The document
shall include a signed statement by the person writing the document that they
have done so on behalf of the deaf or hard-of-hearing person.
(d) A deaf or hard-of-hearing person may write
the document using non-standard grammar that can be understood by people
familiar with American Sign Language.
(e) Documents shall not be required to be
interpreted by a licensed interpreter to be accepted.
(f) All documents shall also meet the
requirements of Int 205.03.
Source. #10040-A, eff 12-16-11 (paras (a), (e)-(f) (from Int 204.02); ss by #10359, eff 6-14-13
Int
205.03 Subscription and Veracity of
Documents.
(a) All complaints, petitions, motions, and
replies filed with the board shall be signed by the proponent of the document
or, if the party appears by a representative, by the representative.
(b) The proponent’s signature on a document filed
with the board shall constitute a certification that:
(1) The signer has read the
document;
(2) The signer is authorized to
file it;
(3) To the best of the signer's
knowledge, information, and belief, there are good and sufficient grounds to
support it; and
(4) The document has not been
filed for purposes of delay or harassment.
(c) A signature shall not be required for
complaints, petitions, motions, and replies filed with the board in a
non-written alternative format under Int 205.02. The deaf or hard-of-hearing person shall meet
the signature requirement in this section by certifying that the non-written
document meets all the requirements of Int
205.03(b)(1)-(4) at the time the document is made.
Source. #10040-A, eff 12-16-11 (from Int 204.03); ss by #10359, eff 6-14-13
Int
205.04 Service of Documents.
(a)
Complaints against licensees shall be filed with the board without
service upon the licensee against whom the complaint has been filed.
(b)
Applications, petitions for rulemaking and petitions for declaratory
rulings shall be filed with the board without service upon other persons.
(c)
All motions, replies, exhibits, memoranda, or other documents filed in
an adjudicative proceeding shall be served by the proponent upon all parties to
the proceeding by:
(1) Depositing a copy of the document in the
United States mail, first class postage prepaid, addressed to the last address
given to the board by the party being served, no later than the day the
document is filed with the board; or
(2) When a party is unrepresented, delivering a
copy of the document in hand on or before the date it is filed with the board.
(d)
When a party appears by a representative, delivery of a document to the
party’s representative by the methods described in Int
205.04(e) to the address stated on the appearance shall constitute service to
the party.
(e)
All notices, orders, decisions or other documents issued by the board in
the course of an adjudicative proceeding shall be served by the board upon all
parties to the proceeding by either:
(1) Depositing a copy of the document, first
class postage prepaid, in the United States mail, addressed to the last address
given to the board by the party being served; or
(2) Delivering a copy of the document in hand to
the party.
(f)
When a party has appeared by a representative, service shall be upon the
representative.
(g)
Except for exhibits distributed at a prehearing conference or hearing,
every document filed with the board, and required to be served upon the parties
to an adjudicative proceeding, shall be accompanied by a certificate of
service, signed by the person making service, attesting to the method and date
of service, and the persons served.
Source. #10040-A, eff 12-16-11 (from Int 204.04); ss by #10359, eff 6-14-13
PART Int 206 PROCESSING
OF COMPLAINTS AND COMPLAINANT PARTICIPATION
Int
206.01 Complaints of Licensee
Misconduct; Requests for Licensee Response.
(a)
Any person may make a written complaint charging a licensee or an
unlicensed interpreter with misconduct under RSA 326-I:14, II The complaint shall be filed at the board’s offices
in
(b)
The person making the complaint shall include the following information
in the complaint filed with the board:
(1) The name and address of the complainant;
(2) The name, if known, business address and
phone number and or other contact information of the licensee or the unlicensed
interpreter against whom the complaint is directed; and
(3) The specific
facts and circumstances which are believed to constitute professional
misconduct.
(c)
A complaint alleging misconduct that occurred more than 2 years prior to
the filing date of the complaint shall be rejected unless the complaint also
alleges that the misconduct could not have been reasonably discovered within
the 2 year filing period.
(d)
The board shall reject any complaint that does not meet jurisdictional
requirements or is not properly filed.
The board shall accept for investigation properly filed complaints
within its jurisdiction.
(e)
Once a complaint is accepted, a docket number shall be assigned to each
matter which shall appear on all subsequent correspondence, notices, orders or
decisions of the board.
(f)
Once a complaint is accepted, the board shall notify a licensee or an
unlicensed interpreter that a complaint of professional misconduct has been
filed against him or her. The licensee
or unlicensed interpreter shall have 30 days to respond to the complaint in
writing or in alternative format pursuant to Int
205.02. The board shall notify the
complainant and the licensee or the unlicensed interpreter against whom the
complaint has been filed of the board’s decision to undertake an
investigation. Notice shall be served
upon all parties by certified mail.
Source. #7852-B, eff
3-12-03, EXPIRED: 3-12-11
New. #9942, INTERIM, eff 6-18-11, EXPIRED:
12-15-11
New. #10040-B, eff 12-16-11; ss
by #10359, eff 6-14-13
Int
206.02 Dismissal. The board shall dismiss a complaint at any
time for failure to state a cause of action, failure to respond to a request
for information, or failure to participate in any investigation or hearing
ordered by the board. However, the board
may independently pursue allegations of misconduct alleged against a licensee
or unlicensed interpreter under its jurisdiction upon receipt of information
alleging such misconduct.
Source. #10040-B, eff
12-16-11; ss by #10359,
eff 6-14-13
Int
206.03 Settlement Agreements.
(a) At any stage of the board’s investigation of
the allegations in a complaint, the board shall, with the consent of the
licensee or unlicensed interpreter, enter a settlement agreement that imposes
discipline upon the licensee or unlicensed interpreter and terminates further
disciplinary action in whole or part.
(b) A settlement agreement shall not be finalized
until the complainant receives notice and an opportunity to submit either
written or alternative format comments within 30 days concerning the proposed
settlement which the board shall take into account.
(c) A settlement agreement shall not be finalized
unless:
(1) There are no material facts
in dispute between the licensee or unlicensed interpreter and the complainant,
and/or intervener; and
(2) The proposed discipline
would not be greater than foreseen discipline imposed by the board after notice
and opportunity for hearing pursuant to Int 209.16.
Source. #10040-B, eff
12-16-11; ss by #10359,
eff 6-14-13
Int
206.04 Mediation.
(a)
At any time during the board’s investigation of the allegations in a
complaint, the board shall encourage the licensee or unlicensed interpreter and
the complainant to participate in mediation on a timely and good faith basis with
a non-board member designated and who agrees to act as a mediator.
(b)
When mediation is agreed to be undertaken, the mediator shall attempt
resolution of the dispute between the complainant and the licensee, and within
60 days of agreement to mediate, shall submit a written report to the board.
(c)
The report shall contain:
(1) A written settlement agreed by the parties;
or
(2) A report that indicates only that settlement of
the issues between the complainant and the licensee could not be reached.
(d)
Upon receiving the mediator’s report, the board shall proceed with
further disciplinary proceedings or, with consent of complainant, discontinue
its investigation.
Source. #10040-B, eff
12-16-11; ss by #10359,
eff 6-14-13
PART Int 207
INVESTIGATIONS
Int
207.01 Investigations.
(a) The board shall conduct such
investigations as are necessary to examine acts of possible misconduct that
come to its attention through complaints or other means.
(b)
The board shall appoint one or more of its members, or other
knowledgeable person to conduct the investigation. Each board member who participates in an
investigation shall not participate in any further actions of the board
concerning the subject matter of that investigation except that such board
member may act as a board prosecutor should the remaining members of the board
vote to initiate adjudicative proceedings.
(c)
The type, form and extent of an investigation shall be determined
pursuant to the following:
(1) The statutory or regulatory authority for the
investigation;
(2) Any code of professional conduct for
licensees or unlicensed interpreters believed to have been, or about to be
violated;
(3) Any statutes or rules believed to have been,
or about to be violated;
(4) The identity of the persons, or class of
persons, that are subject of the investigation;
(5) The general nature of the conduct being
investigated;
(6) The date upon
which the investigating officer shall report his or her findings and
recommendations to the board; and
(7) Any special authority conferred upon the
investigating officer.
(d)
Investigations shall not commence an adjudicative proceeding and shall
not constitute a finding of misconduct against a licensee or unlicensed
interpreter.
(e)
When an investigation occurs, an investigator designated by the board
shall contact such persons and examine such records and other documents as are
reasonably necessary to make a recommendation to the board as to whether there
is reasonable basis to conduct disciplinary proceedings.
(f)
Investigations, including those based upon allegations in a complaint,
shall be conducted on an ex parte basis.
(g)
Investigations should be completed within 120 days following date of the
board’s order and appointment of the investigator. The time to complete the investigation may be
extended to allow time for mediation or for other extenuating circumstances.
(h)
Following the investigation, the investigator shall make a
recommendation as to whether there is reasonable basis to conduct disciplinary
proceedings. The decision to initiate
adjudicative proceedings shall be by board vote.
Source. #7852-B, eff
3-12-03, EXPIRED: 3-12-11
New. #9942, INTERIM, eff 6-18-11, EXPIRED:
12-15-11
New. #10040-B, eff 12-16-11; ss
by #10359, eff 6-14-13
Int
207.02 Use of Information. Investigatory reports and all information
gathered by an investigator shall be confidential, provided that:
(a)
The investigator’s report shall be made available to the parties in any
adjudicative proceeding resulting therefrom; and,
(b)
Upon request, the board shall provide information gathered in
disciplinary investigations to:
(1) Law enforcement agencies;
(2) The licensing or approval bodies for
interpreters for the deaf and hard of hearing in other jurisdictions;
(3) Board investigators or prosecutors;
(4) Expert witnesses or assistants retained by
the board or prosecutors or investigators in the same or related disciplinary
matters; or
(5) A licensee, unlicensed interpreter,
complainant, or other person with knowledge of the subject matter of a
particular misconduct allegation when such disclosure would assist in the
investigation.
(c)
Information gathered during investigations shall not be released to the
public until an evidentiary hearing is held or a final settlement or other
disposition of such a proceeding is reached.
Source. #7852-B, eff
3-12-03, EXPIRED: 3-12-11
New. #9942, INTERIM, eff 6-18-11, EXPIRED:
12-15-11
New. #10040-B, eff 12-16-11; ss
by #10359, eff 6-14-13
PART Int 208
PRESIDING OFFICER
Int
208.01 Designation of Presiding
Officer.
(a) Hearings commenced by the board shall be
conducted by a presiding officer.
(b) The board shall appoint one of its members to
serve as a presiding officer.
(c) The presiding officer shall serve in a
conscientious and truthful manner or shall be removed by the board without
notice or hearing.
Source. #7852-A, eff 3-12-03, ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 210.03); ss by #10359, eff
6-14-13
Int
208.02 Authority of Presiding Officer.
(a)
The presiding officer shall possess all authority with respect to the
procedural aspects of hearings including, but not limited to, the power to
administer oaths and affirmations, direct the course of the proceeding and
decide procedural and discovery issues.
(b)
The presiding officer shall receive no testimony or oral argument on the
merits of the case unless at least a quorum of board members eligible to vote
including the presiding officer are present, except as provided in Int 209.16 (g). The
presiding officer shall have the authority to conduct prehearing conferences, hear
arguments on procedural or discovery motions without requiring the presence of
other members of the board.
(c)
The presiding officer shall, to the extent consistent with the fair and
orderly conduct of the hearing, permit board members who are present during any
stage of a hearing to make inquiries of the witnesses.
(d)
The presiding officer shall not accept final offers of settlement or
impose consent decrees, but shall assist the parties in reaching
settlements. When a settlement has been
proposed in writing, the presiding officer shall refer it to the board for
decision, but shall not stay the proceeding while the board is deliberating on
the settlement proposal.
(e)
The presiding officer shall not decide motions or enter orders which
finally resolve the hearing or stay the hearing. Potentially dispositive motions shall be
referred to the board.
(f)
If the presiding officer believes that a default or similar final order
should be entered against a party, the presiding officer shall issue a written
recommendation to the board, with service on the parties and any interveners,
if applicable. The board shall make the
final decision with respect to such a recommendation after allowing the parties
10 days to file objections thereto.
Source. #7852-A, eff 3-12-03, ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 210.04); ss by #10359, eff
6-14-13
Int
208.03 Exceptions to Rulings by the
Presiding Officer.
(a)
There shall be no interlocutory appeal to the board of procedural or
discovery orders made by the presiding officer.
Contemporaneous exceptions to such rulings shall be unnecessary and
shall not be made.
(b)
The parties may include objections to an adverse ruling of a presiding
officer in any proposed decision under Int
209.16. When a proposed decision is not
issued, such objections shall be presented to the board as a motion or as part
of a closing memorandum submitted within 10 days from the close of the hearing.
Source. #10040-A, eff 12-16-11 (from Int 210.05); ss by #10359, eff 6-14-13
Int
208.04 Withdrawal by Presiding
Officer. The board shall at any
time, and without notice or hearing, replace the presiding officer if
circumstances exist which would require the presiding officer to withdraw
according to the following criteria:
(a)
Upon his or her own initiative or upon the motion of any party, a
presiding officer or agency official shall, for good cause withdraw from any
hearing.
(b)
Good cause shall exist if a presiding officer:
(1) Has a direct interest in the outcome of a
proceeding, including, but not limited to, a financial or family relationship
with any party;
(2) Has made statements or engaged in behavior
which objectively demonstrate that he or she has prejudged the facts of a case;
or
(3) Personally believes that he or she cannot
fairly judge the facts of a case.
(c)
Mere knowledge of the issues, the parties or any witness shall not
constitute good cause for withdrawal.
Source. #10040-A, eff 12-16-11 (from Int 210.06); ss by #10359, eff 6-14-13
PART Int
209 HEARINGS
Int
209.01 Applicability.
(a) This part shall govern all hearings conducted
by the board. Such hearings shall
include disciplinary hearings for the adjudication of misconduct allegations.
(b) Unless called as a witness, agency staff
shall have no role in any hearing conducted by the board, other than providing
support services.
(c) Unless called as a witness or granted
intervener status, a person who initiates a hearing by complaining to the board
about the conduct of a licensee or an unlicensed interpreter shall have no role
in any hearing.
Source. #7853, eff
3-12-03, EXPIRED: 3-12-11
New. #9942, INTERIM, eff 6-18-11, EXPIRED:
12-15-11
New. #10040-A,
eff 12-16-11 (from Int 210.01); ss by #10359, eff
6-14-13
Int 209.02 Commencement.
(a)
The board shall commence a hearing by:
(1) Issuing a notice to the parties at least 30
days before the first scheduled hearing date or first prehearing
conference. A hearing shall be held on
all formal complaints accepted by the board within three months of the date
notice of a complaint was issued by the board to the licensee or unlicensed
interpreter, unless otherwise agreed to by the parties.
(b)
The notice of hearing shall:
(1) Contain the information required by RSA
541-A:31, III, namely:
a. A statement of the time, place and nature of
any hearing;
b. A statement of the legal authority under
which a hearing is to be held;
c. A reference to the particular statutes and
rules involved including this Part;
d. A short and plain statement of the issues
presented;
e. A statement that each party has the right to
have an attorney represent them at their own expense;
f. A statement that each party has the right to
have the board provide a certified shorthand court reporter at the party’s
expense and that any such request shall be submitted in writing at least 10
days prior to the hearing; and
(2) Refer to any rules of professional conduct
involved;
(3) Notify the complainant of his or her
opportunity to file a motion to intervene and that unless the presiding officer
allows such a motion, the complainant shall have no right to participate in a
disciplinary hearing except as a witness;
(4) Identify the parties to the proceeding as of
the date of the order and specify a deadline for the submission of motions to
intervene;
(5) Specify the date by which, and the address
where, appearances or motions by representatives shall be filed;
(6) Specify the date, time, and location of an
initial prehearing conference; and
(7) Identify the presiding officer for the
hearing.
Source. #10040-A, eff 12-16-11 (from Int 210.02); ss by #10359, eff 6-14-13
Int
209.03 Failure to Attend Hearing.
(a) If any party to whom notice has been given in
accordance with 209.02 fails to attend a hearing, the presiding officer shall declare
that party to be in default unless failure to attend is justified by a showing
of good cause.
(b) Good cause shall include accident, illness or
other circumstances beyond the control of the party.
(c) If the presiding officer makes a determination
that failure to attend the hearing was not based on good cause, the presiding
officer shall declare the party to be in default and either;
(1) Dismiss the case if the
party with the burden of proof fails to appear; or
(2) Hear the testimony and receive
the evidence offered by a party, if that party has the burden of proof in the
case.
Source. #10040-A, eff 12-16-11 (from Int 210.07); ss by #10359, eff 6-14-13
Int 209.04 Motions and Objections.
(a) Motions shall be in written form and filed
with the presiding officer, unless made in response to a matter asserted for
the first time at a hearing or on the basis of information which was not
received in time to prepare a written motion.
(b) All motions shall state clearly and
concisely:
(1) The purpose of the motion;
(2) The relief sought by the
motion;
(3) The statutes, rules, orders,
or other authority authorizing the relief sought by the motion; and
(4) The facts claimed to constitute
grounds for the relief requested by the motion.
(c) Oral motions and any oral objection to such
motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the
motion requires additional information in order to be fully and fairly
considered, the presiding officer shall direct the moving party to submit the
motion in writing, with supporting information.
(d) Objections to written motions shall be filed
within 10 days of the date of the motion.
(e) Objections to motions shall state clearly and
concisely:
(1) The defense of the party
filing the objection;
(2) The action which the party
filing the objection wishes the board to take on the motion;
(3) The statutes, rules, orders,
or other authority relied upon in defense of the motion; and
(4) Any facts which are
additional to, or different from, the facts stated in the motion.
(f) Failure by an opposing party to object to a motion
shall not in and of itself constitute grounds for granting the motion.
(g) The presiding officer shall rule upon a
motion after full consideration of all objections and other factors relevant to
the motion.
Source. #10040-A, eff 12-16-11 (from Int 210.10); ss by #10359, eff 6-14-13
Int
209.05 Intervention.
(a)
Complainants and other non-parties may file a motion with the presiding
officer for intervention in an adjudicative proceeding.
(b)
The motion to intervene shall:
(1) Be in writing or alternative format pursuant
to Int 205.02 and include the following:
a. A statement of facts demonstrating that the
movant’s rights, duties, privileges, immunities or other substantial interests
might be affected by the proceeding or that the movant qualifies as an
intervener under any provision of law;
b. Whether the movant appears in support of the
complainant or the respondent, as well as for his or her own interest;
c. Why the interests of the parties and the
orderly and prompt conduct of the hearing would not be impaired; and
d. Any other reasons why the movant should be
permitted to intervene; and
(2) Be mailed to all parties.
(c)
The presiding officer shall grant the motion for intervention if he or
she determines that interests of justice and the orderly and prompt conduct of
the proceedings would not be impaired by allowing the intervention.
(d)
If a petitioner qualifies for intervention, the presiding officer may
impose conditions upon the intervener’s participation in the proceedings,
either at the time that intervention is granted or at any subsequent time.
(e)
Such conditions may include, but are not limited to:
(1) Limitation of the intervener’s participation
to designated issues in which the intervener has a particular interest
demonstrated by the petition;
(2) Limitation of the intervener’s use of
cross-examination and other procedures so as to promote the orderly and prompt
conduct of the proceedings; and
(3) Requiring 2 or more interveners to combine
their presentations of evidence and argument, cross-examination, and other
participation in the proceedings.
(f)
Limitations shall not be so extensive as to prevent the intervener from
protection the interest which formed the basis of the intervention.
(g)
The presiding officer shall render an order granting or denying each
petition for intervention, specifying any conditions and briefly stating the
reasons for the order. The presiding office
may modify the order at any time, stating the reasons for the modification.
(h)
Once granted leave to intervene, an intervener shall participate in the
adjudicative proceeding subject to any limitations imposed by the presiding
officer.
Source. #10040-A, eff 12-16-11 (from Int 210.08); ss by #10359, eff 6-14-13
Int
209.06 Prehearing and Other Informal
Conferences.
(a)
A prehearing conference in accordance with RSA 541-A:31, V shall be
scheduled on the request of any party or intervener or on the initiative of the
presiding officer if the presiding officer determines that to do so would
facilitate the hearing or encourage resolution of the dispute.
(b)
Such prehearing conference shall be held to consider:
(1) Opportunities and procedures for settlement;
(2) Opportunities and procedures for
simplification of the issues;
(3) Amendments to the pleadings;
(4) Admissions of fact and of documents to avoid
unnecessary proof;
(5) Limitations on the number of witnesses;
(6) Changes to the standard procedures that would
otherwise govern the hearing;
(7) Submission of witness lists and list of
exhibits;
(8) Pre-trial motions;
(9) Consolidation of the examination of witnesses
by the parties; and
(10) Any other matters which may contribute to the
prompt and orderly conduct of the hearing.
(c)
The board shall cause such conferences to be recorded unless all parties
wish to discuss possible settlement off the record. Matters decided at an informal conference
shall be reflected in an order.
(d)
Prehearing conferences in disciplinary proceedings shall be open to the
public except to the extent settlement discussions or other matters entitled to
confidentiality are addressed.
Source. #10040-A, eff 12-16-11 (from Int 210.12); ss by #10359, eff 6-14-13
Int
209.07 Discovery and Disclosure.
(a)
Upon the written request of a party, the board shall disclose to the
parties any information not privileged in the possession of the board, which
relates to the subject matter of the proceeding.
(b)
Each party shall attempt in good faith to make complete and timely
response to requests for the voluntary production of information or documents
relevant to the hearing.
(c)
Any party may make a motion requesting that the presiding officer order
the parties to comply with information requests. The motion shall be filed at least 15 days
before the date scheduled for the hearing, or as soon as possible after
receiving the notice of hearing if such notice is issued less than 30 days in
advance of the hearing.
(d)
The moving party’s motion shall:
(1) Set forth in detail those factors which it
believes to justify its request for information; and
(2) List with specificity the information it is
seeking to discover.
(e)
When a party has demonstrated that such requests for information are
necessary for a full and fair presentation of the evidence at the hearing, the
presiding officer shall grant the motion.
(f)
If not previously submitted at the pretrial conference, no later than 5
days before the hearing the parties shall exchange a list of all witnesses to
be called at the hearing with a brief summary of their testimony, a list of all
documents or exhibits to be offered as evidence at the hearing, and a copy of
each document or exhibit.
Source. #10040-A, eff 12-16-11 (from Int 210.13); ss by #10359, eff 6-14-13
Int
209.08 Evidence.
(a) Receipt of evidence shall be governed by the
provisions of RSA 541-A:33 and by the provisions of this section.
(b) Hearings shall not be conducted under the
rules of evidence, but, the evidentiary privileges recognized by the law of
(c) All information which will assist the board
to arrive at the truth shall be admissible, but the presiding officer shall
exclude irrelevant, immaterial, unduly repetitious, or legally privileged
evidence.
(d) The board shall direct that evidence be
submitted in written form or alternative format under Int
205.02 unless the evidence is in the format or testimony of witnesses made
under oath or affirmation.
(e) If the board officially notices a fact, it
shall so state, and permit any party or intervener, upon timely request, the
opportunity to show the contrary.
(f) Witnesses appearing before the board shall
testify under oath or affirmation administered by the presiding officer.
(g) The board shall cause a tape recording or
stenographic record to be made of hearings and prehearing conferences. At the request of a party to any hearing
involving disciplinary action, the record of the hearing shall be made by a
certified shorthand court reporter provided by the board at the requesting
party’s expense. A request for a
certified shorthand court reporter shall be filed at least 10 days prior to the
hearing. This record shall be transcribed
if a request is made by a party who also agrees to pay the cost of
transcription or upon the board’s own initiative, in which case the board shall
pay the cost of transcription. If a
transcript is produced, the board shall maintain a copy of the transcript in
the file of the matter.
(h) Transcripts of testimony and documents or
other materials, admitted into evidence shall be public records unless the
presiding officer determines that all or part of a transcript or document is
exempt from disclosure under RSA 91-A:5 or applicable case law.
Source. #10040-A, eff 12-16-11 (from Int 210.14); ss by #10359, eff 6-14-13
Int
209.09 Continuances.
(a) Any party to a hearing may make an oral or written
motion that a hearing be continued to a later date or time.
(b) If a continuance is requested by a party to
the hearing, it shall be granted if the presiding officer determines that good
cause has been demonstrated. Good cause
shall include the unavailability of parties, witnesses or attorneys necessary
to conduct the hearing, the likelihood that a hearing will not be necessary
because the parties have reached settlement, or any other circumstances that
demonstrate that a continuance would assist in resolving the case fairly.
(c) If the later date, time and place are known
at the time of the hearing that is being continued, the date, time and place
shall be stated on the record. If the
later date, time and place are not known at the time of the hearing that is
being continued, the presiding officer shall issue a written scheduling order
stating the date, time and place of the continued hearing as soon as
practicable.
Source. #10040-A, eff 12-16-11 (from Int 210.15); ss by #10359, eff 6-14-13
Int
209.10 Burden of Proof.
(a) The party asserting the affirmative of a
proposition shall have the burden of proving the truth of that proposition by a
preponderance of the evidence.
(b) Without limiting the generality of paragraph
(a), above, all moving parties and all petitioners shall have the burden of
persuading the board that their motion or petition should be granted.
Source. #10040-A, eff 12-16-11 (from Int 210.16); ss by #10359, eff 6-14-13
Int
209.11 Methods of Proceeding and
Testimony.
(a) Where facts material to the
subject matter of the proceeding are in dispute, and personal observation of
witnesses or the immediate opportunity for cross-examination of witnesses is
necessary or desirable, the proceeding shall, to that extent, consist of a
trial-type evidentiary hearing with the subsequent submission of memorandum, or
according to the order of the board as stated in the notice of hearing under Int 209.02.
(b)
Any person offering testimony, evidence or arguments shall state for the
record his or her name, and role in the hearing. If the person is representing another person,
the person being represented shall also be identified.
(c)
Testimony shall be offered in the following order:
(1) The party or parties bearing the burden of
proof and such witnesses as the party may call; and
(2) The party or parties opposing the party who
bears the overall burden of proof and such witnesses as the party may call.
Source. #10040-A, eff 12-16-11 (from Int 210.17); ss by #10359, eff 6-14-13
Int 209.12 Proposed
Findings of Fact and Conclusions of Law.
(a) Any party may submit proposed findings of
fact and conclusions of law to the presiding officer prior to or at the
hearing.
(b) Upon request of any party, or if the
presiding officer determines that proposed findings of fact and conclusions of
law would serve to clarify the issues presented at the hearing, the presiding
officer shall specify a date after the hearing for the submission of proposed
findings of fact and conclusions of law.
(c) In any case where proposed findings of fact
and conclusions of law are submitted, the decision shall include rulings on the
proposals.
Source. #10040-A, eff 12-16-11 (from Int 210.18); ss by #10359, eff 6-14-13
Int 209.13 Ex Parte Communications. Unless required for the disposition of ex
parte matters authorized by law, no board member, party, intervener or party
representative, shall communicate, directly or indirectly, in connection with
any issue before the board, with any party or person, except upon notice and
opportunity for all parties to participate.
Source. #10040-A, eff 12-16-11 (from Int 210.19); ss by #10359, eff 6-14-13
Int
209.14 Closing the Record.
(a) After the conclusion of the hearing, the
record shall be closed and no other evidence shall be received into the record,
except as allowed by Int 209.14 and Int 209.15.
(b) Before the conclusion of the hearing, a party
may request that the record be left open to allow the filing of specified
evidence not available at the hearing.
If the other parties to the hearing have no objection or if the
presiding officer determines that such evidence is necessary to a full consideration
of the issues raised at the hearing, the presiding officer shall keep the
record open for the period of time necessary for the party to file the
evidence.
Source. #10040-A, eff 12-16-11 (from Int 210.20); ss by #10359, eff 6-14-13
Int 209.15 Reopening
the Record. At any time prior to the
issuance of the decision on the merits, the presiding officer, on the presiding
officer's own initiative or on the motion of any party, shall reopen the record
to receive relevant material and non-duplicative testimony, evidence or
arguments not previously received, if the presiding officer determines that
such testimony, evidence or arguments are necessary to a full and fair
consideration of the issues to be decided.
Source. #10040-A, eff 12-16-11 (from Int 210.21); ss by #10359, eff 6-14-13
Int 209.16 Decisions.
(a)
The decision or order shall:
(1) Be in
writing and dated; and
(2) Include findings of fact and rulings of law.
(b)
A disciplinary order of the board, or an order denying a petition for
declaratory rulings or rulemaking, shall not be final until the date it is
served upon the parties pursuant to Int 205.04, (d).
(c)
The board shall keep a decision on file in its records for at least 5
years following the date of the final decision or the date of the decision on
any appeal, unless the board sets a different retention period pursuant to
rules adopted under RSA 326-I:5, VII.
(d)
A board member shall not participate in making a decision unless:
(1) He or she
personally heard the testimony in the case except as provided in (g) and (h)
below: or
(2) The
matter’s disposition does not depend on the credibility of any witness and the
record provides a reasonable basis for evaluation the testimony.
(e) A board member shall not participate in
making a decision in a proceeding when he or she has a relationship with any
party to the action that would prejudice the outcome of the decision.
(f) The presiding officer shall participate in
making decisions.
(g)
If a presiding officer has been delegated the authority to conduct a
hearing in the absence of a majority of the members of the board who are to
render a final decision, the presiding officer shall submit to the board a
written proposal for decision, which shall contain a statement of the reasons
for the decision and findings of fact and rulings of law necessary to the
proposed decision.
(h)
If a proposal for decision in a matter not personally heard by all board
members voting on the decision is adverse to a party to the hearing other than
the board itself, the board shall serve a copy of the proposal for decision on
each party to the proceeding and provide an opportunity to file exceptions and
present briefs and oral arguments to the board.
Source. #10040-A, eff 12-16-11 (from Int 210.22); ss by #10359, eff 6-14-13
PART Int 210 REHEARING
AND STAY
Int
210.01 Motion for Rehearing.
(a)
The rules in this section allow a person affected by a final decision of
the board to request a rehearing of a decision prior to appealing the decision
with the court having appellate jurisdiction.
(b)
A motion for rehearing shall be filed within 30 days of the date of
board decision or order.
(c)
A motion for rehearing shall:
(1) Include any memorandum of law the movant
wishes to submit;
(2) Identify each error of fact, error of
reasoning, or erroneous conclusion contained in the final order which the
moving party wishes reconsidered;
(3) Describe how each error causes the board’s
decision to be unlawful, unjust, or unreasonable, illegal in respect
to jurisdiction, authority or observance of the law, an abuse of discretion,
or arbitrary, unreasonable, or capricious; and
(4) Concisely state the correct factual findings,
correct reasoning, and legal conclusion urged by the moving party.
(d)
Any objections to the motion for rehearing shall be filed within 30 days
of service of the motion upon the parties.
(e)
A motion for rehearing shall be granted if it demonstrates that the
board’s decision is unlawful, unjust or unreasonable.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 211.01); ss by #10359, eff
6-14-13
Int
210.02 Stay. The board shall stay any action on its
decision until it has ruled on the motion for rehearing.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11; ss by #10359, eff 6-14-13
Int
210.03 Decision on Motion for
Rehearing. The board shall grant or
deny a motion for rehearing, or suspend the order or decision pending further
consideration within 30 days of the filing of the motion for rehearing.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 211.02); ss by #10359, eff
6-14-13
PART Int 211
CONSOLIDATION AND SEVERANCE
Int
211.01 Consolidation. Whenever it shall appear to the board, upon
motion or its own initiative, that 2 or more proceedings involve substantially
similar or substantially related issues, the board shall, as fairness and
efficiency permit, consolidate those proceedings for hearing, or decision, or
both.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 212.01); ss by #10359, eff 6-14-13
Int
211.02 Severance. Whenever it shall appear to the board, upon
motion or its own initiative, that injury to the substantial rights of a party
or undue delay will be thereby avoided, the board shall sever one or more
issues from a proceeding, and dispose of those issues in another proceeding.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 212.02); ss by #10359, eff
6-14-13
PART Int 212 DECLARATORY
RULINGS
Int
212.01 Petitions. All petitions for declaratory rulings shall
contain:
(a)
The name and address of the petitioner;
(b)
The name and address of the petitioner’s representative, if any;
(c)
A concise statement of the facts which caused the petitioner to request
the board to act;
(d)
The action which the petitioner wishes the board to take; and
(e)
A citation to any statutes, rules, orders, or other authority which
entitles the petitioner to have the board act as requested.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 213.01); ss by #10359, eff
6-14-13
Int 212.02 Filing Petitions.
(a) Any person may request a declaratory ruling
from the board on matters within its jurisdiction by filing an original and 6
copies of a petition pursuant to Int 212.01.
(b) Such a petition shall also set forth the following
information:
(1) The exact ruling being
requested;
(2) The statutory and factual basis for the ruling, including any
supporting affidavits or memoranda of law; and
(3) A statement as to how and
why the issuance of a ruling on this subject would benefit the petitioner.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 213.02); ss by #10359, eff
6-14-13
Int
212.03 Action on Petitions.
(a) The petitioner shall provide such further
information or participate in such evidentiary or other proceedings as the
board directs after reviewing the petition and any replies received.
(b) The board shall issue a ruling on the
petition within 90 days after the petition is filed.
Source. #10040-A, eff 12-16-11 (from Int 213.03); ss by #10359, eff 6-14-13
PART Int 213 RULEMAKING
Int
213.01 How Adopted. Rules shall be proposed by petition or by the
board acting on its own motion.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 214.01); ss by #10359, eff
6-14-13
Int
213.02 Petition for Rulemaking. Any person may request the board to commence
a proceeding for the purpose of adopting, amending, or repealing a rule by
filing a petition which contains the following information:
(a) A statement of the petitioner's interest in
the subject matter of the proposed rule;
(b) The text of the proposed rule or a statement
of the particular results intended by the petitioner to flow from the
implementation of the proposed rule;
(c) If the petitioner proposes to amend or repeal
an existing rule, an identification of the particular rule sought to be amended
or repealed; and
(d) Any data or argument the petitioner believes
would be useful to the board in deciding whether to commence a rulemaking
proceeding.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 214.02); ss by #10359, eff
6-14-13
Int
213.03 Disposition of Petition.
(a)
The board shall review the information contained in the petition filed
under Int 213.02.
(b)
The board shall, by order, grant or deny a petition for rulemaking.
(c)
If the petition is denied, the board shall state the reason therefore in
the order.
(d)
The board shall deny the petition for rulemaking when the adoption,
amendment or repeal sought would result in:
(1) A rule which is not within the rulemaking
authority of the board;
(2) Duplication of a rule or of a statutory
provision;
(3) Inconsistency between the existing rules and
the statutory mandate of the board;
(4) Inconsistency of administrative rules with
one
another; or
(5) A reduction in efficiency or effectiveness of
the board.
(e)
If the petition is granted, the board shall undertake to commence a
rulemaking proceeding in accordance with RSA 541-A:3 et seq.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 214.03); ss by #10359, eff
6-14-13
Int
213.04 Commencement of Rulemaking
Proceeding. The board shall commence
a rulemaking proceeding by following the procedures set forth in RSA 541-A:3 et
seq.
Source. #10040-A, eff 12-16-11 (from Int 214.04); ss by #10359, eff 6-14-13
PART Int
214 RULEMAKING HEARINGS
Int
214.01 Purpose. The purpose of this part is to provide a
uniform procedure for the conduct of public hearings at which comment from the
general public shall be solicited for evaluation and consideration by the board
relative to rulemaking.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 215.01); ss by #10359, eff
6-14-13
Int
214.02 Scope.
(a)
These rules shall apply to all hearings required by state law to be
conducted by the board where public comment shall be solicited, except that
they shall not apply to adjudicative hearings.
(b)
If any requirement set by these rules conflicts with an applicable
statute, such other authority shall control.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 215.02); ss by #10359, eff
6-14-13
Int
214.03 Notice.
(a)
A public comment hearing concerning rulemaking shall be commenced by:
(1) Placing notice of the hearing in the
"Rulemaking Register" so that it shall appear at least 20 days prior
to the hearing date;
(2) Sending notice to all licensees; and
(3) Sending notice to
all persons who have made timely request for advanced notice of rulemaking
proceedings.
(b)
Notice for rulemaking public comment hearings shall comply with RSA
541-A:6,I.
(c)
Nothing in these rules shall prohibit the board from giving greater notice
than the minimums set out in this part.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 215.03); ss by #10359, eff
6-14-13
Int
214.04 Media Access.
(a) Public comment hearings shall be open to the
print and electronic media.
(b) The moderator shall place limits on the
activities of the media to avoid disruption in the following ways:
(1) Limit the placement of television
cameras to certain locations in the hearing room; and
(2) Prohibit interviews from
being conducted within the hearing room during the hearing.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11 (from Int 215.04); ss by #10359, eff
6-14-13
Int
214.05 Moderator.
(a)
The hearing shall be presided over by a moderator who shall be the board
chairperson or a designee.
(b)
The moderator shall:
(1) Call the hearing to order;
(2) Cause a recording of the hearing to be made;
(3) Place limits on the media to avoid disruption
as set out in Int 214.04(b);
(4) Recognize those who wish to be heard and
establish the order thereof;
(5) Limit the time for each speaker, as set out
in Int 214.06(b);
(6) Remove or have removed any person who
disrupts the hearing;
(7) Adjourn the hearing; and
(8) Provide opportunity for the submission of
written comments.
Source. #10040-A, eff 12-16-11 (from Int 215.05); ss by #10359, eff 6-14-13
Int
214.06 Public Participation.
(a)
Any person who wishes to speak on the issue or issues which are the
subject of the hearing shall place his or her name on a speakers' list before
the last speaker on the list has finished speaking. All whose names appear on
the speakers' list, as provided, shall be afforded reasonable time to speak at
the hearing. Reasonable time shall be determined considering the number
of people who wish to be heard, the time and the availability of the facility.
(b)
The board, through the moderator, shall:
(1) Refuse to recognize a person who refuses to
give his or her full name;
(2) When a group or organization wishes to
comment, limit the group to no more than 3 spokespersons, provided that the
members who are present shall be allowed to enter their names into the record
as supporting the position by the group or organization;
(3) Revoke recognition of a speaker who speaks or
acts in an abusive or disruptive manner; or
(4) Revoke recognition of a speaker who refuses
to keep his comments relevant to the issue or issues which are the subject of
the hearing.
(c)
Written comments may be submitted any time from the time notice has been
published until the record has been closed by the moderator, which shall not be
less than 7 calendar days after the hearing.
(d)
In the event that the number of speakers who wish to give oral testimony
relevant to the issue or issues involved exceed that number which can be heard
within a reasonable period of time subject to facility availability and length
of the hearing, the hearing shall be reconvened pursuant to applicable
provisions in RSA 541-A to afford such persons the opportunity to be
heard. Speakers may elect to submit
written testimony in lieu of additional oral hearing.
Source. #10040-A, eff 12-16-11 (from Int 215.06); ss by #10359, eff 6-14-13
PART Int
215 WAIVER OF RULES
Int
215.01 Method of Waiver. The presiding officer, upon his or her own
initiative or upon the motion of any party, shall suspend or waive any
requirement or limitation imposed by this chapter upon reasonable notice to
affected persons when the proposed waiver or suspension appears to be lawful,
and would be more likely to promote the fair, accurate and efficient resolution
of issues pending before the board than would adherence to a particular rule or
procedure.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11; ss by #10359, eff 6-14-13
Int 215.02 Motions for Waiver.
(a) Any interested person may request waiver or
suspension of any rule by filing an original and 6 copies of a motion pursuant
to which also identifies the rule in question and sets forth specific facts and
arguments which support the requested waiver.
(b) A motion for waiver of a rule shall address
whether:
(1) Adherence to the rule would
cause the movant hardship;
(2) The requested waiver is
necessary because of any neglect or misfeasance on the part of the movant;
(3) Waiver of the rule would be
consistent with the statutes administered by the board;
(4) Waiver of the rule would
injure third persons; and
(5) Other good cause for waiving
the rule exists.
(c) The movant shall provide further information
or participate in such evidentiary or other proceedings ordered by the board as
necessary to complete action on the petition.
(d) A motion for waiver of a rule which does not
contain the information required in (b) above shall be denied without a
hearing.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11; ss by #10359, eff 6-14-13
Int
215.03 Waiver by Board. The board may grant a waiver or suspension of
a rule upon its own motion by providing affected parties with notice and an
opportunity to be heard, and issuing an order which finds that:
(a) Waiver of the rule would be consistent with
the statues administered by the board;
(b) Waiver of the rule would not injure third
persons; and
(c) Other good cause for waiving the rule exists.
Source. #7852-A, eff 3-12-03; ss by #9942, INTERIM, eff 6-18-11, EXPIRED: 12-15-11
New. #10040-A,
eff 12-16-11; ss by #10359, eff 6-14-13
PART Int
216 EXPLANATION AFTER ADOPTION
Int
216.01 Explanation After Adoption.
(a) Any person may request an explanation
regarding adoption of the rules pursuant to RSA 541-A:11, VII by submitting a
request to the board.
(b) The request shall be considered at the next
scheduled board meeting and the board shall issue a response within 45 days
after consideration.
Source. #7852-B, eff
3-12-03, EXPIRED: 3-12-11
New. #9942, INTERIM, eff 6-18-11, EXPIRED:
12-15-11
New. #10040-B, eff 12-16-11; ss by #10359, eff 6-14-13
CHAPTER Int
300 APPLICATIONS FOR LICENSURE
PART Int
301 LICENSURE
Int 301.01 Licensure Required; Exemptions; Waiver.
(a) Pursuant to RSA
326-I:7,1, no person shall receive remuneration as an interpreter for the deaf
and hard of hearing or represent oneself as an interpreter for the deaf and
hard of hearing in this state unless such person is licensed in accordance with
RSA 326-I.
(b) Licensing shall
not be required for the following persons:
(1) Nonresident interpreters certified by the
National Registry of Interpreters for the Deaf (RID) or the American Consortium
of Certified Interpreters (ACCI), levels IV and V, who have completed
RID-approved legal training or who hold a legal specialty certificate (RID
SC:L) when working in court settings, provided that such interpreters shall be
subject to disciplinary proceedings of the board.
(2) Interpreters for the deaf and hard of hearing
working in religious settings;
(3) Interpreters for the deaf and hard of hearing
working in emergency situations where the parties determine that the delay to
obtain a licensed interpreter is likely to cause injury or loss when the risk
of using a non-licensed person is outweighed by the immediate need for
interpretation;
(4) Students exempted under RSA 326-I:8; and
(5) Interpreters for the deaf and hard of hearing
employed by a school district for a K-12 program for instruction, other educational
or related services or extracurricular activities to students.
(c) The exemption
under Int 301.01(b)(5) for interpreters for the deaf
and hard of hearing who are employed by a school district shall not relieve a
school district of its obligation to provide licensed interpreters to students,
staff, parents or others when required by the Americans for Disabilities Act or
by any other federal or state law.
(d) The recipient of
services shall have the right to apply to the department of education, program
for the deaf and hard of hearing, for, and to receive, a waiver in writing from
using a licensed interpreter and shall accept all responsibility for such
action.
(e) Applications for
waivers and approvals of waivers may be in writing or in an alternative format
as provided in Int 205.02.
(f) The application
for the waiver shall explain why the waiver is being requested, the situation
for which the waiver is being requested, and why a licensed interpreter will
not be used.
(g) The consequences
of receiving the waiver shall be explained to the applicant by the department
of education, program for the deaf and hard of hearing. The applicant shall accept all responsibility
for the consequences of receiving the waiver.
The applicant may not subsequently file a complaint with the board
against the waived interpreter.
(h) A new
application shall be required each time a waiver from using a licensed
interpreter is requested.
(i) Persons who wish to apply for a license in
(j) The board shall
license each applicant as an interpreter for the deaf and hard of hearing who:
(1) Is at least 18 years of age;
(2) Pays to the board the appropriate license
fee;
(3) Is certified by RID, by ACCI, or by the
(4) Demonstrates adherence to the professional
principles in Int 501.03 and the code of professional
conduct required by Int 501.04; and
(5) Meets the requirements of Int
302.
(k) The board shall
license each applicant as an interpreter for the deaf and hard of hearing who
is not certified by RID, ACCI, or by the
(1) Is at least 18 years of age;
(2) Pays to the board the appropriate license
fee;
(3) Has completed 30 hours of oral transliterating
training in the following topics:
a. One hour in the definition and introductory
practice of oral transliterating;
b. Three hours in communication skills of oral
deaf people that include speech reading, speech production, the normal hearing
process and hearing loss, and the English language;
c. Four hours of spoken-to-visible techniques of
oral transliterating that include non-verbal techniques and practice, verbal
techniques and practice, integration of non-verbal and verbal techniques, the
use of interpretation or paraphrasing, logistics, and professional issues;
d. Three hours of visible-to-spoken oral
transliterating or voicing that includes techniques, acceptable modifications,
simultaneous and consecutive transliterating, logistics, and professional
issues;
e. Two hours of interactive oral transliterating
that includes telephone transliterating, one-to-one transliterating, and group
settings;
f. Three hours of the RID code of professional
conduct that includes adherence and case studies;
g. Three hours of
educational issues that include the role of the educational oral transliterator with case studies and discussion, special
educational situations that include, all media, plays, songs, and frequency
modulation systems, which are assisted listening devices, and the role of the
oral transliterator in Individualized Education Plan
meetings;
h. One hour of professional issues that includes
teaming, compensation for and marketing of oral transliterator
skills, and respecting individual differences of consumers;
i. Eight hours of practice sessions that include
individual practice sessions with a partner and with a deaf consumer, using a
mirror, and making a video, group practice and feedback sessions, and live
modeling sessions with instructors;
j. One hour of mock evaluations that include
individual evaluations; and
k. One hour of professional advancement that
includes preparation for the RID oral transliterator
certification exam; and
(4) Demonstrates adherence to the professional
principles in Int 501.03 and the code of professional
conduct required by Int 501.04.
Source. #7810, EMERGENCY, eff 12-26-02, EXPIRES: 6-24-03;
ss #7853, eff 3-12-03; amd
by #9185, eff 6-21-08; ss by #9942, INTERIM, eff
6-18-11, EXPIRED: 12-15-11
New. #10041, eff 12-16-11
Int 301.02 Application Form The applicant shall file an application with
the board containing the following:
(a) The applicant's
full name and address;
(b) Birth date;
(c) The highest level of education attained and the name of
the institution(s) that awarded the degree(s);
(d) A statement as
to whether the applicant:
(1) Is certified by the RID,
ACCI, or by the
(2) Has completed 30 hours
of oral transliterating training in the topics listed in Int
301.01(k),(3), and has submitted a statement or transcript verifying that all
of the required training has been completed.
(e) A statement as
to whether the applicant is currently or has been licensed, certified, or
approved as an interpreter for the deaf and hard of hearing in any other state
or jurisdiction or by any other licensing or approval body, and if so:
(1) The level of certification;
(2) The issuing jurisdiction;
(3) The dates of the licensure or state approval;
and
(4) The reason the applicant no longer holds the license
or state approval, if applicable.
(f) A statement as
to whether the applicant has ever been refused a license or state approval by
any licensing or approval body for interpreters and, if so, the name of the
board, the date of denial, and the reasons for denial;
(g) A statement as
to whether the applicant has been the subject of disciplinary action of any
kind by any professional licensing or approval body, or has entered into a
settlement agreement or consent decree with any such licensing or approval body
and, if so, the name of the licensing or approval body and a complete
description of the misconduct alleged and the discipline or settlement
involved;
(h) A statement as
to whether, at the time of application, the applicant is the subject of a
misconduct investigation or disciplinary proceeding, or is negotiating a
settlement of any misconduct allegations, with any professional licensing or
approval body in any jurisdiction and, if so, the name of the licensing or
approval body and a complete description of the misconduct alleged or the
settlement involved;
(i) A statement as to whether the applicant has
ever been convicted of a felony or misdemeanor that has not been annulled and,
if so, the name of the court, the details of the offense, the date of
conviction and the sentence imposed;
(j) A recent,
unretouched photograph of the applicant no larger than 4"x 6";
(k) Cash, a check,
or a money order in the amount of the application fee required by Table 303.1.
The check or money order shall be made out to the Treasurer, State of
(l) A declaration
that the applicant shall practice ethically and within the rules and laws
governing the profession of interpreting;
(m) A declaration
that the applicant shall comply with all of the rules of the board,
specifically including those governing licensing renewals and requirements for
continuing education required by Int 401 and 402;
(n) A declaration
that the applicant is the person identified in the application and that all information
contained in the application is true and correct; and
(o) The date and
signature of the applicant.
Source. #7810, EMERGENCY, eff 12-26-02, EXPIRES: 6-24-03;
ss #7853, eff 3-12-03; amd
by #9185, eff 6-21-08; ss by #9942, INTERIM, eff
6-18-11, EXPIRED: 12-15-11
New. #10041, eff 12-16-11
Int 301.03 Application Process.
(a) An application shall
not be accepted and shall be returned to the applicant if it:
(1) Is not signed by the applicant;
(2) Is not accompanied by a valid check, money
order, or cash for the application fee; or
(3) Lacks a required attachment or plainly
reveals that a required item of information is absent and unaccompanied by a
request for waiver of the missing attachment or information.
(b) The bureau of
vocational rehabilitation, program for the deaf and hard of hearing shall have
15 days from the date it receives the application to process and initially
review the application to determine whether the application is complete or
whether the application should not be accepted as provided in Int 301.03(a).
(c) The bureau shall
notify the applicant in writing of any deficiencies in the application or any
further information needed to evaluate the applicant's qualifications. This additional information shall be provided
by the applicant within 30 days from the date of the bureau’s
correspondence. Failure to provide such
information shall void the application.
(d) Unless a waiver
of the time limit has been requested by the applicant and granted by the
chairperson, the board shall, at the next quarterly board meeting, following
the date on which the application is accepted, either grant the application and
license the applicant as an interpreter for the deaf and hard of hearing, or
deny the application. The board shall
notify each applicant within 15 days from the date on which the board licenses
the applicant as an interpreter for the deaf and hard of hearing.
(e) If an
application is denied, the applicant shall be provided an opportunity to
request a hearing within 30 days of the board's order of denial.
Source. #7810, EMERGENCY, eff 12-26-02, EXPIRES:
6-24-03; ss #7853, eff 3-12-03, EXPIRED: 3-12-11
New. #9942, INTERIM,
eff 6-18-11, EXPIRED: 12-15-11
New. #10041, eff 12-16-11
Int 301.04 Denial of Application. An application shall be denied if:
(a) The applicant
has failed to provide complete or accurate information on the appropriate form
or application after being given the opportunity to correct the deficiencies in
the application as provided in Int 301.03(c);
(b) The applicant,
or someone acting on the applicant's behalf, has submitted false information to
the board in connection with the application;
(c) Evidence of
present or past disciplinary action taken by another licensing or approval body
or a professional society or association indicates that the applicant cannot be
relied upon to interpret competently, safely and honestly, or adhere to the
professional principles required by Int 501.03 and
the code of professional conduct required by Int
501.04;
(d) Evidence of a
settlement agreement or consent decree with any licensing or approval body or
professional society or association, indicates that the applicant cannot be
relied upon to interpret competently, safely and honestly, or adhere to the
professional principles required by Int 501.03 and
the code of professional conduct required by Int
501.04;
(e) Evidence of
conviction of a felony or misdemeanor indicate that the applicant cannot be
relied upon to practice competently, safely and honestly, or adhere to the
professional principles required by Int 501.03 and
the code of professional conduct required by Int
501.04;
(f) Evidence the
applicant has ever been refused a license or state approval by any licensing or
approval body for interpreters indicates that the applicant cannot be relied
upon to interpret competently, safely, and honestly, or adhere to the
professional principles required by Int 501.03 and
the code of professional conduct required by Int
501.04; or
(g) Evidence the
applicant is the subject of a misconduct investigation or consent decree with
any licensing or approval body or professional society or association, or is
negotiating a settlement of any misconduct allegations with any licensing or approval
body or professional society or association in any jurisdiction indicates that
the applicant cannot be relied upon to interpret competently, safely and
honestly, or adhere to the professional principles required by Int 501.03 and the code of professional conduct required by
Int 501.04.
Source. #7810, EMERGENCY, eff 12-26-02, EXPIRES:
6-24-03; ss #7853, eff 3-12-03, EXPIRED: 3-12-11
New. #9942, INTERIM, eff 6-18-11, EXPIRED:
12-15-11
New. #10041, eff 12-16-11
PART Int
302 INTERPRETERS LICENSED OR APPROVED IN
OTHER JURISDICTIONS
Int 302.01 Application Process.
(a) Any person
wishing to apply for licensure as an interpreter for the deaf and hard of hearing
based upon possession of a current and valid license or approval from another
jurisdiction shall do so by submitting an application provided by the board
that contains the information specified by Int
301.02, the information specified by Int 302.02, and
the application fee specified by Table 303.1.
(b) Applications for
licensure from persons licensed or approved in another jurisdiction shall be
accepted for filing and shall be processed in accordance with the procedures in
Int 301.
(c) The board shall
license each applicant who is licensed or approved by another jurisdiction
where the requirements for licensure or approval are equal to or greater than
those required in New Hampshire, unless one of the reasons for denial under Int 301.04 exist. This determination shall be made by the board.
(d) It shall be the
responsibility of the licensee from another jurisdiction to provide the board
with evidence that the jurisdiction in which they are licensed maintains
licensing requirements that are equal to or greater than those of
(e) The board shall
review evidence submitted and determine whether the requirements of another
jurisdiction meet the statutory requirements for licensure.
(f) If the board determines
that the requirements of another jurisdiction do not meet New Hampshire
requirements they shall notify the licensee in writing and provide an
explanation as to why the board believes another’s jurisdiction’s requirements
are not equal to or greater than New Hampshire’s.
Source. #7810, EMERGENCY, eff 12-26-02, EXPIRES:
6-24-03; ss #7853, eff 3-12-03, EXPIRED: 3-12-11
New. #9942, INTERIM, eff 6-18-11, EXPIRED:
12-15-11
New. #10041, eff 12-16-11
Int 302.02 Denial of Application and Licensure. An application shall be denied if the board
finds that:
(a) The applicant
does not hold a valid and current license or approval from another state or
territory of the United States, the District of Columbia or the Commonwealth of
Puerto Rico; and
(b) The licensing or
approval standards of the licensing or approving jurisdiction in question are
not equal to or greater than those required in New Hampshire, and do not
specifically meet the requirements of RSA 326-I.
Source. #7810, EMERGENCY, eff 12-26-02, EXPIRES:
6-24-03; ss #7853, eff 3-12-03, EXPIRED: 3-12-11
New. #9942, INTERIM, eff 6-18-11, EXPIRED:
12-15-11
New. #10041, eff 12-16-11
PART Int
303 FEES
Int 303.01 Fee Schedule. The fees required by the board under RSA
326-I shall be as set forth in the Table 303.1 Fee Schedule below:
Table 303.1 Fee Schedule
|
Application Fee |
$ 50.00 |
|
License Fee |
$150.00 |
|
License Renewal Fee |
$175.00 |
|
License Restoration Fee |
$200.00 |
|
Reinstatement of License
Fee |
$250.00 |
Source. #7810, EMERGENCY, eff 12-26-02, EXPIRES:
6-24-03; ss #7853, eff 3-12-03, EXPIRED: 3-12-11
New. #9942, INTERIM, eff 6-18-11, EXPIRED:
12-15-11
New. #10041, eff 12-16-11
CHAPTER Int 400 LICENSE
RENEWAL AND CONTINUING EDUCATION
Statutory
Authority: RSA 326-I:5, IV, and VI, RSA
326-I:9, II, RSA 326-I: 12, and RSA 326-I: 13
PART Int
401 LICENSE RENEWAL
Int 401.01 Expiration of License. A license shall automatically expire on the
first day of September, 3 years after the date the license was issued by the
board, unless prior to that time the board has granted an application for
license renewal.
Source. #7853, eff 3-12-03; ss
by #9185, eff 6-21-08; ss by #9942, INTERIM, eff
6-18-11, EXPIRED: 12-15-11
New. #10041, eff 12-16-11
Int 401.02 Renewal of License.
(a) Before June 1 the
year the license will expire, the board shall mail to the last known address of
every interpreter for the deaf and hard of hearing licensed in the state a
renewal application pursuant to RSA 326-I:13.
(b) Any interpreter
for the deaf and hard of hearing wishing to renew a license shall submit the
renewal application supplied by the board on or before July 1 the year the
license will expire.
(c) A license
renewal for an interpreter for the deaf and hard of hearing who is currently
licensed shall be contingent upon maintaining credentials prior to the date of
renewal.
(d) The licensee
shall file a renewal application provided by the board and pay the renewal fee
specified by the Table 303.1 Fee Schedule.
(e) The licensee
shall provide the following information with his or her renewal application:
(1) Name;
(2) Address(es) and
phone number(s);
(3) A copy of his or her current certification,
in the case of an interpreter for the deaf and hard of hearing who is certified
by RID, ACCI or by the New Hampshire interpreter classification system program;
(4) A copy of his or her completed continuing
education units that must be earned in Ed 1023.11(e) in the case of an
interpreter for the deaf and hard of hearing who is not certified by RID, ACCI
or by the New Hampshire interpreter classification system program pursuant to
401.02(d);
(5) A statement that the information included in
the licensee's initial application has not changed except to the extent it has been
previously disclosed to the board or is disclosed and described in an
attachment to the renewal application;
(6) Whether the licensee has been the subject of
disciplinary action, or has been denied a license or surrendered a license in
any state or jurisdiction during the current license period;
(7) A statement as to whether the licensee has
ever been convicted of a felony or misdemeanor that has not been annulled and,
if so, the name of the court, the details of the offense, the date of
conviction and the sentence imposed; and
(8) Signature of the licensee and the date
signed.
Source. #7853, eff 3-12-03; ss
by #9185, eff 6-21-08; ss by #9942, INTERIM, eff
6-18-11, EXPIRED: 12-15-11
New. #10041, eff 12-16-11
Int
401.03 Restoration of License.
(a)
A licensee who fails to renew a license before the first day of
September, 3 years after the date the license was issued by the board may
request restoration of the license by the board. A license shall be restored after a period of
nonrenewal of less than 2 years if the person pays to the board the restoration
fee specified by the Table 303.1 Fee Schedule in lieu of the renewal fee,
submits evidence of continued professional competence and eligibility for
licensure required in this section, and meets all other requirements for
license renewal under Int 401.02.
(b)
Each applicant for restoration of a license shall mail to the board:
(1) A completed application for restoration provided
by the board that includes the same information required in Int
301.02; and
(2) Proof prior to the date of restoration:
a. That an interpreter for the deaf and hard of
hearing who is currently certified by RID or ACCI has maintained his or her
certification, as shown by a copy of his or her current certification;
b. That an interpreter for the deaf and hard of
hearing who is currently certified by the New Hampshire interpreter
classification system program has maintained his or her certification by
completing the continuing education units that must be earned in Ed 1023.11(e)
as shown by a copy of his or her current certification; or
c. That an interpreter for the deaf and hard of
hearing who is not certified by RID or ACCI, or by the New Hampshire
interpreter classification system program, pursuant to 301.01(k), who has
completed the number of continuing education units that must be earned in Ed
1023.11(e), as shown by a copy of his or her completed continuing education
units.
(c)
Any person who fails to renew a license within 3 years after its
expiration date may apply for and obtain a new license upon meeting the
requirements of a new applicant under Int 301 and
paying to the board the initial application and license fees specified in the
Table 303.1 Fee Schedule.
Source. #7853, eff 3-12-03; amd
by #9185, eff 6-21-08; ss by #9942, INTERIM, eff
6-18-11, EXPIRED: 12-15-11
New. #10041, eff 12-16-11
Int 401.04 Reinstatement of Suspended License.
(a) Applicants for
reinstatement of a suspended license shall have the burden of persuading the
board that the actions which were the basis for the original disciplinary
action have been satisfactorily remediated, that no additional charges of
misconduct are pending, and that the applicant meets all the character and
competency requirements of an applicant for initial licensure under Int 300.
(b) Each applicant
seeking reinstatement of a suspended license shall mail to the board:
(1) A written request to the board explaining the
appropriateness of reinstatement of the license;
(2) The fee for reinstatement specified in the
Table 303.1 Fee Schedule;
(3) A completed reinstatement
application provided by the board that includes the same information required
in Int 301.02; and
(4) Evidence of competency to practice, which
shall include:
a. Continuing education approved by the board;
b. Passage of an examination; practice under the
supervision of another licensed interpreter for the deaf and hard of hearing;
c. For a period of time determined by the board;
or
d. Any combination of the above as determined by
the board in its initial suspension order.
Source. #7853, eff 3-12-03; amd
by #9185, eff 6-21-08; ss by #9942, INTERIM, eff
6-18-11, EXPIRED: 12-15-11
New. #10041, eff 12-16-11
Int 401.05 Denial of Renewal, Restoration, or
Reinstatement of License. Renewal,
restoration, or reinstatement of a license shall be denied if, after notice and
an opportunity for a hearing, there is evidence to establish:
(a) That, at the
time of renewal, restoration, or reinstatement:
(1) An interpreter for the deaf and hard of
hearing certified by RID or ACCI has not maintained his or her certification;
(2) An interpreter for the deaf and hard of
hearing certified by the New Hampshire interpreter classification system
program has not maintained his or her certification by completing the
continuing education units that must be earned in Ed 1023.11(e); or
(3) An interpreter for the deaf and hard of
hearing who had not been certified by RID, ACCI, or by the New Hampshire interpreter
classification system program, pursuant to 301.01(k), has not completed the
number of continuing education units that must be earned in Ed 1023.11(e), as
shown by a copy of his or her completed continuing education units;
(b) The applicant has
failed to provide complete or accurate information on the appropriate form or
application;
(c) That the
applicant had committed any act of professional misconduct that violates the
professional principles in Int 501.03 or the code of
professional conduct required by Int 501.04; or
(d) The applicant
would not be licensed for any reason for which an initial application could be
denied under Int 301.04.
Source. #7853, eff 3-12-03, EXPIRED: 3-12-11, EXPIRED:
3-12-11
New. #9942, INTERIM, eff 6-18-11, EXPIRED:
12-15-11
New. #10041, eff 12-16-11
PART Int
402 CONTINUING EDUCATION
Int 402.01 Approved Continuing Education Units.
(a) An interpreter for
the deaf and hard of hearing who is certified by RID, ACCI, or by the New
Hampshire interpreter classification system program shall be deemed to have
sufficient continuing education units if he or she meets the continuing
education requirements of said organizations or program in order to maintain
certification.
(b) In the case of
an interpreter for the deaf and hard of hearing who is not certified by RID,
ACCI or by the New Hampshire interpreter classification system program but who
has completed 30 hours of oral transliterating training in the topics listed in
Int 301.01(k)(3) or in cued speech, cochlear
implants, or training in other relevant topics shall submit a certified copy of
his or her completed continuing education units that must be earned in Ed
1023.11. Professionally supervised or
mentored field work which provides the required training in the topics listed
under Int 301.01(k)(3) or topics listed in this
paragraph may be substituted for conventional classroom training.
Source. #7853, eff 3-12-03; ss
by #9185, eff 6-21-08; ss by #9942, INTERIM, eff
6-18-11, EXPIRED 12-15-11
New. #10041, eff 12-16-11
CHAPTER Int
500 PROFESSIONAL PRINCIPLES AND CODE OF
PROFESSIONAL CONDUCT
Statutory
Authority: RSA 326-I:5, V
PART Int
501 PROFESSIONAL PRINCIPLES AND CODE OF
PROFESSIONAL CONDUCT
Int 501.01 Obligation to Obey.
(a) The professional
conduct standards set forth in this part shall bind all licensed interpreters for
the deaf and hard of hearing, unlicensed persons under RSA 326-I:7, IV(a), and,
as applicable, applicants for licensure.
(b) Violations of
any professional conduct standards shall be included within the scope of the
term "misconduct" as used in RSA 326-I:14, II and shall result in the
commencement of a disciplinary hearing by the board under Int
210.02.
Source. #7853, eff 3-12-03, EXPIRED: 3-12-11
New. #9942, INTERIM, eff 6-18-11, EXPIRED 12-15-11
New. #10041, eff 12-16-11
Int 501.02 Disciplinary Action for Professional
Misconduct in Another Jurisdiction.
(a) When the board
receives notice that a licensee or an unlicensed interpreter pursuant RSA
326-I:7, IV(a), has been subjected to disciplinary
action related to professional misconduct by the licensing or approval body of
another jurisdiction that takes the form of suspension or revocation without
reinstatement of a license, the board shall issue an order directing the
licensee to demonstrate why reciprocal discipline should not be imposed in New
Hampshire.
(b) The board shall
take any disciplinary action authorized by RSA 326-I:14 in a disciplinary
hearing brought on the basis of discipline imposed in another jurisdiction, and
shall provide specific notice to the licensee or unlicensed interpreter
pursuant RSA 326-I:7, IV(a), if it intends to consider actions that exceed
those imposed by the other jurisdiction.
(c) After finding
that misconduct listed in RSA 326-I:14, II has occurred, the board shall take
disciplinary action in any one or more of the following ways:
(1) By public or private reprimand;
(2) By suspension, limitation, or restriction of
license;
(3) By revocation of license;
(4) By requiring the licensee or unlicensed interpreter pursuant RSA 326-I:7, IV(a), to
participate in a program of continuing education, supervision, treatment, or
other course of action as deemed appropriate; or
(5) By removing an exemption for an unlicensed person
under RSA 326-I:7, IV(a).
(d) In determining
which action or actions listed in Int 501.02(c) to
take, the board shall consider the nature, seriousness, impact of the
misconduct, and the extent to which it was deliberate or willful, and whether
or not the licensee or unlicensed interpreter; pursuant RSA 326-I:7, IV(a), had
been disciplined previously.
(e) Copies of board
orders imposing disciplinary actions and copies of all settlement agreements or
consent decrees shall be sent to the licensing or approval body of each state
in which the licensee or unlicensed interpreter pursuant RSA 326-I:7, IV(a), is
licensed or approved and to such other entities, organizations, associations,
or boards as are required to be notified under applicable state or federal law,
or which have a legitimate professional interest in the decision and may
receive notice consistent with applicable state or federal law.
Source. #7853, eff 3-12-03, EXPIRED: 3-12-11
New. #9942, INTERIM, eff 6-18-11, EXPIRED 12-15-11
New. #10041, eff 12-16-11
Int 501.03 Professional Principles. A licensed interpreter for the deaf and hard
of hearing and an applicant for licensure shall:
(a) Perform
interpreting services only within the level of the licensee's skills that are
commensurate with his or her experience or training;
(b) Submit only
truthful and correct information in any application or other document filed
with or statement made to the board;
(c) Participate in
good faith in any resolution recommended by the board;
(d) Promptly, and in
any case within 10 business days, inform the board of any disciplinary action
taken by a state, regional or national board, body, or agency;
(e) Promptly, and in
all cases within 10 business days, inform the board of any civil action or
insurance claim filed against the licensee that alleges misconduct, and
promptly inform the board of any decisions made in such civil actions or any
claims paid on such insurance claims; and
(f) Obey in good
faith any disciplinary orders issued by the board, including orders requiring
the payment of fees or fines within the specified time period.
Source. #7853, eff 3-12-03, EXPIRED: 3-12-11
New. #9942, INTERIM, eff 6-18-11, EXPIRED 12-15-11
New. #10041, eff 12-16-11
Int 501.04 Code of Professional Principles. A licensee shall follow the National
Association of the Deaf-Registry of Interpreters for the Deaf Code of Professional
Conduct (copyright 2005 the Registry of Interpreters for the Deaf), available
at: www.RID.org/UserFiles/Files/NAD_RID_ETHICS.pdf and as contained in Appendix II.
Source. #7853, eff 3-12-03; ss
by #9185, eff 6-21-08; ss by #9942, INTERIM, eff
6-18-11, EXPIRED 12-15-11
New. #10041, eff 12-16-11
APPENDIX
|
RULE NUMBER |
STATUTE IMPLEMENTED |
|
|
|
|
Int 100 |
RSA 326-I |
|
Int 101.01 |
RSA 326-I:2, I |
|
Int 101.02 |
RSA 200-C:19 |
|
Int 101.03 |
RSA 326-I:2, II |
|
Int 101.04 |
RSA 326-I:2, III |
|
Int 101.05 |
RSA 326-1:2, VI,
(c) |
|
Int 101.06 |
RSA 326-I:2, VI,
(c) |
|
Int 101.07 |
RSA 326-I:2,V |
|
Int 101.08 |
RSA 326-I:2, VI |
|
Int 101.09 |
RSA 326-I:2, VI |
|
Int 102.01 |
RSA 326-I:3 and
RSA 326-I:4 |
|
Int 102.02 |
RSA 326-I:3, VII
and RSA 200-C:19, IV |
|
Int 102.04 |
RSA 326-I:3, VI |
|
|
|
|
Int 201.01 |
RSA 326-I:4 |
|
Int 203.01 |
RSA 541-A:30-a,(f) |
|
Int 203.02 & Int 203.03 |
RSA 541-A:30-a, (h) |
|
Int 204.01 |
RSA 541-A:16, I(c), (d)
and RSA 541-A:30-a, III (a) |
|
Int 205.01 – Int 205.04 |
RSA 326-I:4, VII; RSA
326-I:14 and RSA 326-I:15 |
|
Int 206.01 & Int 206.02 |
RSA 326-I:15,VII |
|
Int 206.03 & Int 206.04 |
RSA 541-A:38 |
|
Int 207.01 & Int 207.02 |
RSA 326-I:5,VII I |
|
Int 208 |
RSA 326-I:5, VII |
|
(Specific rules in Int 208 that implement
specific statutes are listed below) |
|
|
Int 208.01 |
RSA 541-A:31, V (a) |
|
Int 208.02 |
RSA 541-A:31, III |
|
Int 208.02 |
RSA 541-A:31,
III |
|
Int 209.01 |
RSA 326-I:5, VII and RSA
326-I:14, IV |
|
Int 209.02 – Int 209.16 |
RSA 326-I:5, VII |
|
Int 210 |
RSA 326-I:14 and RSA
326-I:15 |
|
(Specific rules in Int 210 that implement
specific statutes are listed below) |
|
|
Int 210.01 |
RSA 541-A:30-a, III(g) |
|
Int 210.02 |
RSA 541-A:31, III |
|
Int 210.03 |
RSA 541-A:31-36 |
|
Int 211 – Int
212 |
RSA 326-I:14; RSA 326-I:15
and RSA 541-A:16, I, (b)(2) |
|
Int 213.01 – Int 213.04 |
RSA 541-A:16, I, (d) |
|
Int 214.01 – Int 214.06 |
RSA 541-A:16, I, (c) |
|
Int 215.01 – Int 215.03 |
RSA 541-A:16, I, (b)(3) |
|
Int 216.01 |
RSA 541-A:22, IV |
|
|
|
|
Int 301.01 |
RSA 326-I:6, RSA 326-I:7, RSA 326-I:8, I, and RSA 326-I:9, I |
|
Int 301.01(a) (b)(1) (c) deleted and (l) |
RSA 326-I:7 |
|
Int 301.02 |
RSA 326-I:5, II,
RSA 326-I:6, and RSA 326-I:7, II |
|
Int 301.02(d)(1) |
RSA 326-I:9,I |
|
Int 301.03 - 301.04 |
RSA 326-I:4, I,
RSA 326-I:6 and RSA 326-I:9, I |
|
Int 302.01 - 302.02
|
RSA 326-I:4, I,
RSA 326-I:5, III, RSA 326-I:6, RSA 326-I:9, I and RSA326-I:10 |
|
Int 303.01 |
RSA 326-I:5, II |
|
|
|
|
Int 401.01 - 401.02 |
RSA 326-I:13 |
|
Int 401.03 |
RSA 326-I:4, V
and RSA 326-I:13 |
|
Int 401.03(a)-(c)(4) |
RSA 326-I:13 |
|
Int 401.04 |
RSA 326-I:9, II |
|
Int 401.04(a)& (c)(2) |
RSA 326-I:9,II |
|
Int 401.05 |
RSA 326-I:12 |
|
Int 401.06 |
RSA 326-I:9, II,
RSA 326-I:12 and RSA 326-I:13 |
|
Int 401.06 introduction & (a) |
RSA 326-I:13 |
|
Int 402.01 |
RSA 326-I:13, 326-I:5,V |
|
Int 402.02 - 402.03 |
RSA 326-I:5, IV
and RSA 326-I:13 |
|
|
|
|
Int 501.01 |
RSA 326-I:4, IV,
RSA 326-I:5, V and RSA 326-I:14 |
|
Int 501.02 |
RSA 326-I:14 |
|
Int 501.03 |
RSA 326-I:4, IV
and RSA 326-I:5, V |
|
Int 501.04 |
RSA 326-I:5,V |
APPENDIX II
Registry of Interpreters for
the Deaf
703/838-0030 (V);
703/838-0459 (TTY); 703/838-0454 (Fax)
www.rid.org
NAD-RID CODE OF
PROFESSIONAL CONDUCT
Scope
The National Association of the Deaf (NAD) and
the Registry of Interpreters for the Deaf, Inc. (RID) uphold high standards of
professionalism and ethical conduct for interpreters. Embodied in this Code of
Professional Conduct (formerly known as the Code of Ethics) are seven tenets
setting forth guiding principles, followed by
illustrative behaviors.
The tenets of this Code of Professional
Conduct are to be viewed holistically and as a guide to professional behavior.
This document provides assistance in complying with the code. The guiding principles offer the basis upon
which the tenets are articulated. The
illustrative behaviors are not exhaustive, but are indicative of the conduct
that may either conform to or violate a specific tenet or the code as a whole.
When in doubt, the reader should refer to
the explicit language of the tenet. If further clarification is needed,
questions may be directed to the national office of the Registry of
Interpreters for the Deaf, Inc.
This Code of Professional Conduct is
sufficient to encompass interpreter roles and responsibilities in every type of
situation (e.g., educational, legal, medical). A separate code for each area of
interpreting is neither necessary nor advisable.
Philosophy
The American Deaf community
represents a cultural and linguistic group having the inalienable right to full
and equal communication and to participation in all aspects of society. Members
of the American Deaf community have the right to informed choice and the
highest quality interpreting services. Recognition of the communication rights
of
Voting Protocol
This Code of Professional
Conduct was presented through mail referendum to certified interpreters who are
members in good standing with the Registry of Interpreters for the Deaf, Inc.
and the National Association of the Deaf. The vote was to adopt or to reject.
Adoption of this Code of
Professional Conduct
Interpreters who
are members in good standing with the Registry of Interpreters for the Deaf,
Inc. and the National Association of the Deaf voted to adopt this Code of
Professional Conduct, effective July 1, 2005. This Code of Professional Conduct
is a working document that is expected to change over time. The aforementioned members may be called upon
to vote, as may be needed from time to time, on the tenets of the code.
The guiding
principles and the illustrative behaviors may change periodically to meet the
needs and requirements of the RID Ethical Practices System. These sections of
the Code of Professional Conduct will not require a vote of the members.
However, members are encouraged to recommend changes for future updates.
Reprinted with permission,
copyright 2005, Registry of Interpreters for the Deaf,
Function of the Guiding
Principles
It is the
obligation of every interpreter to exercise judgment, employ critical thinking,
apply the benefits of practical experience, and reflect on past actions in the
practice of their profession. The
guiding principles in this document represent the concepts of confidentiality,
linguistic and professional competence, impartiality, professional growth and development,
ethical business practices, and the rights of participants in interpreted
situations to informed choice. The
driving force behind the guiding principles is the notion that the interpreter
will do no harm.
When applying these
principles to their conduct, interpreters remember that their choices are
governed by a “reasonable interpreter” standard. This standard represents the
hypothetical interpreter who is appropriately educated, informed, capable,
aware of professional standards, and fair-minded.
CODE OF PROFESSIONAL
CONDUCT
Tenets
1.
Interpreters adhere to standards of confidential communication.
2.
Interpreters possess the professional skills and knowledge required for
the specific interpreting situation.
3. Interpreters
conduct themselves in a manner appropriate to the specific interpreting
situation.
4.
Interpreters demonstrate respect for consumers.
5.
Interpreters demonstrate respect for colleagues, interns, and students
of the profession.
6. Interpreters maintain ethical business
practices.
7.
Interpreters engage in professional development.
Applicability
A. This Code of Professional Conduct applies to
certified and associate members of the Registry of Interpreters for the Deaf,
Inc., Certified members of the National Association of the Deaf, interns, and
students of the profession.
B. Federal, state or other statutes or
regulations may supersede this Code of Professional Conduct. When there is a conflict between this code
and local, state, or federal laws and regulations, the interpreter obeys the
rule of law.
C. This Code of Professional Conduct applies to
interpreted situations that are performed either face-to-face or remotely.
Definitions
For the purpose of this
document, the following terms are used:
Colleagues: Other
interpreters.
Conflict
of Interest: A conflict between
the private interests (personal, financial, or professional) and the official or
professional responsibilities of an interpreter in a position of trust, whether
actual or perceived, deriving from a specific interpreting situation.
Consumers: Individuals
and entities who are part of the interpreted situation. This includes individuals who are deaf,
deaf-blind, hard of hearing, and hearing.
Reprinted with permission,
copyright 2005, Registry of Interpreters for the Deaf,
1.0 CONFIDENTIALITY
Tenet: Interpreters adhere to standards of
confidential communication.
Guiding
Principle: Interpreters hold a
position of trust in their role as linguistic and cultural facilitators of
communication. Confidentiality is highly valued by consumers and is essential
to protecting all involved.
Each interpreting
situation (e.g., elementary, secondary, and post-secondary education, legal,
medical, mental health) has a standard of confidentiality. Under the reasonable
interpreter standard, professional interpreters are expected to know the
general requirements and applicability of various levels of confidentiality.
Exceptions to confidentiality include, for example, federal and state laws
requiring mandatory reporting of abuse or threats of suicide, or responding to
subpoenas.
Illustrative Behavior -
Interpreters:
1.1 Share assignment-related information only on
a confidential and “as-needed” basis (e.g., supervisors, interpreter team
members, members of the educational team, hiring entities).
1.2 Manage data, invoices, records, or other
situational or consumer-specific information in a manner consistent with
maintaining consumer confidentiality (e.g., shredding, locked files).
1.3 Inform consumers when federal or state
mandates require disclosure of confidential information.
2.0 PROFESSIONALISM
Tenet: Interpreters
possess the professional skills and knowledge required for the specific
interpreting situation.
Guiding
Principle: Interpreters are
expected to stay abreast of evolving language use and trends in the profession of
interpreting as well as in the American Deaf community.
Interpreters accept
assignments using discretion with regard to skill, communication mode, setting,
and consumer needs. Interpreters possess
knowledge of American Deaf culture and deafness-related resources.
Illustrative Behavior -
Interpreters:
2.1 Provide service delivery regardless of race,
color, national origin, gender, religion, age, disability, sexual orientation,
or any other factor.
2.2 Assess consumer needs and the interpreting
situation before and during the assignment and make adjustments as needed.
2.3 Render the message faithfully by conveying
the content and spirit of what is being communicated, using language most
readily understood by consumers, and correcting errors discreetly and
expeditiously.
2.4 Request support (e.g., certified deaf
interpreters, team members, language facilitators) when needed to fully convey
the message or to address exceptional communication challenges (e.g. cognitive
disabilities, foreign sign language, emerging language ability, or lack of
formal instruction or language).
2.5 Refrain from providing counsel, advice, or
personal opinions.
Reprinted with permission,
copyright 2005, Registry of Interpreters for the Deaf,
2.6 Judiciously provide information or referral
regarding available interpreting or community resources without infringing upon
consumers’ rights.
3.0 CONDUCT
Tenet: Interpreters conduct themselves in a manner
appropriate to the specific interpreting situation.
Guiding Principle: Interpreters are
expected to present themselves appropriately in demeanor and appearance. They avoid situations that result in
conflicting roles or perceived or actual conflicts of interest.
Illustrative Behavior -
Interpreters:
3.1 Consult with
appropriate persons regarding the interpreting situation to determine issues
such as placement and adaptations necessary to interpret effectively.
3.2 Decline assignments
or withdraw from the interpreting profession when not competent due to
physical, mental, or emotional factors.
3.3 Avoid
performing dual or conflicting roles in interdisciplinary (e.g. educational or
mental health teams) or other settings.
3.4 Comply with
established workplace codes of conduct, notify appropriate personnel if there
is a conflict with this Code of Professional Conduct, and actively seek
resolution where warranted.
3.5 Conduct and present themselves in an
unobtrusive manner and exercise care in choice of attire.
3.6 Refrain from the use of mind-altering
substances before or during the performance of duties.
3.7 Disclose to parties involved any actual or
perceived conflicts of interest.
3.8 Avoid actual or
perceived conflicts of interest that might cause harm or interfere with the
effectiveness of interpreting services.
3.9 Refrain from using confidential interpreted
information for personal, monetary, or professional gain.
3.10 Refrain from using confidential interpreted
information for the benefit of personal or professional affiliations or
entities.
4.0 RESPECT FOR CONSUMERS
Tenet: Interpreters demonstrate respect for
consumers.
Guiding
Principle: Interpreters are expected to
honor consumer preferences in selection of interpreters and interpreting
dynamics, while recognizing the realities of qualifications, availability, and
situation.
Illustrative
Behavior - Interpreters:
4.1 Consider
consumer requests or needs regarding language preferences, and render the
message accordingly (interpreted or transliterated).
4.2 Approach consumers with a professional
demeanor at all times.
4.3 Obtain the consent of consumers before
bringing an intern to an assignment.
4.4 Facilitate communication access and equality,
and support the full interaction and independence of consumers.
Reprinted with permission, copyright 2005,
Registry of Interpreters for the Deaf,
5.0
RESPECT FOR COLLEAGUES
Tenet:
Interpreters demonstrate respect for colleagues, interns and students of
the profession.
Guiding Principle: Interpreters are expected to collaborate with
colleagues to foster the delivery of effective interpreting services. They also
understand that the manner in which they relate to colleagues reflects upon the
profession in general.
Illustrative
Behavior - Interpreters:
5.1 Maintain civility toward colleagues, interns,
and students.
5.2 Work cooperatively with team members through
consultation before assignments regarding logistics, providing professional and
courteous assistance when asked and monitoring the accuracy of the message
while functioning in the role of the support interpreter.
5.3 Approach
colleagues privately to discuss and resolve breaches of ethical or professional
conduct through standard conflict resolution methods; file a formal grievance
only after such attempts have been unsuccessful or the breaches are harmful or
habitual.
5.4 Assist and encourage colleagues by sharing information
and serving as mentors when appropriate.
5.5 Obtain the consent of colleagues before
bringing an intern to an assignment.
6.0 BUSINESS PRACTICES
Tenet: Interpreters maintain ethical business
practices.
Guiding Principle:
Interpreters are expected to conduct their business in a professional manner
whether in private practice or in the employ of an agency or other entity.
Professional interpreters are entitled to a living wage based on their
qualifications and expertise.
Interpreters are also entitled to working conditions conducive to
effective service delivery.
Illustrative
Behavior - Interpreters:
6.1 Accurately represent qualifications, such as
certification, educational background, and experience, and provide documentation
when requested.
6.2 Honor professional commitments and terminate
assignments only when fair and justifiable grounds exist.
6.3 Promote conditions that are conducive to effective
communication, inform the parties involved if such conditions do not exist, and
seek appropriate remedies.
6.4 Inform appropriate parties in a timely manner
when delayed or unable to fulfill assignments.
6.5 Reserve the option to decline or discontinue
assignments if working conditions are not safe, healthy, or conducive to
interpreting.
6.6 Refrain from harassment or coercion before,
during, or after the provision of interpreting
services.
6.7 Render pro bono services in a fair and reasonable
manner.
6.8 Charge fair and reasonable fees for the
performance of interpreting services and arrange for payment in a professional
and judicious manner.
Reprinted with permission,
copyright 2005, Registry of Interpreters for the Deaf,
7.0 PROFESSIONAL DEVELOPMENT
Tenet: Interpreters engage in professional
development.
Guiding
Principle: Interpreters are expected to
foster and maintain interpreting competence and the stature of the profession through
ongoing development of knowledge and skills.
Illustrative
Behavior - Interpreters:
7.1 Increase knowledge and strengthen skills
through activities such as:
• pursuing higher education;
• attending workshops and conferences;
• seeking mentoring and supervision
opportunities;
• participating in community events; and
• engaging in independent studies.
7.2 Keep abreast of laws, policies, rules, and
regulations that affect the profession.
Reprinted with permission, copyright
2005, Registry of Interpreters for the Deaf,