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Rule 3-306.05. Interpreter removal, discipline, and formal complaints.

Intent:

To outline theprocedures for interpreter removal and discipline.

Applicability:

This rule shall apply tothe Language Access Program Manager, the Language Access Program Coordinator,the Language Access Committee, interpreter coordinators and contractinterpreters.

Statement of the Rule:

(1) Removal from legalproceeding. The appointing authority may remove an interpreter from the legalproceeding for failing to appear as scheduled, for inability to interpretadequately, including a self-reported inability, and for other just cause.

(2) Discipline.

(2)(A) An interpretermay be disciplined for:

(2)(A)(i) knowingly making a false interpretation in a legalproceeding;

(2)(A)(ii) knowingly disclosing confidential or privilegedinformation obtained in a legal proceeding;

(2)(A)(iii) knowingly failing to follow standards prescribed bylaw, the Code of Professional Responsibility and this rule;

(2)(A)(iv) failing to pass a background check;

(2)(A)(v) failing to meet continuing education requirements;

(2)(A)(vi) conduct or omissions resulting in discipline by anotherjurisdiction; (2)(A)(vii) failing to appear as scheduled without goodcause;

(2)(A)(viii) unprofessional behavior toward a client, judge, court staff,court security, or Language Access Committee member; and

(2)(A)(ix) being charged with, or convicted of, a crime.

(2)(B) Discipline mayinclude:

(2)(B)(i) permanent loss of certified or approved credentials;

(2)(B)(ii) temporary loss of certified or approved credentialswith conditions for reinstatement;

(2)(B)(iii) suspension from the roster of certified or approvedinterpreters with conditions for reinstatement;

(2)(B)(iv) prohibition from serving as a conditionally approvedinterpreter;

(2)(B)(v) suspension from serving as a conditionally approvedinterpreter with conditions for reinstatement; and

(2)(B)(vi) reprimand.

(3) As long as he or shecomplies with rule 3-306.04, an interpreter coordinator has the discretion todecline to assign an interpreter listed on the statewide interpreterroster.?

(4) Filing of formal complaints.

(4)(A) Any person mayfile a formal complaint about a matter for which an interpreter can bedisciplined. A party, witness, victim or person who will be bound by a legalproceeding, may file a formal complaint about the misapplication of this rule.

(4)(B) A formalcomplaint shall be filed with the Language Access Program Coordinator. However,the Language Access Program Coordinator may file a formal complaint with theLanguage Access Program Manager, in which case, the program manager willfulfill the program coordinator?s responsibilities under this rule.

(4)(C) The complaintshall allege an act or omission for which an interpreter can be disciplined orthat violates this rule. The complaint shall be in writing and signed. Thecomplaint may be in the native language of the complainant, which the AOC shalltranslate in accordance with this rule. The complaint shall describe thecircumstances of the act or omission, including the date, time, location andnature of the incident, and the persons involved.

(5) Investigation byprogram coordinator.

(5)(A) The programcoordinator may dismiss the complaint if it is plainly frivolous,insufficiently clear, or does not allege an act or omission for which aninterpreter can be disciplined or that does not violate this rule.

(5)(B) If the complaintalleges that the court did not provide language access as required by thisrule, the program coordinator shall investigate and recommend correctiveactions that are warranted.

(5)(C) If the complaintalleges an act or omission for which the interpreter can be disciplined, theprogram coordinator shall mail the complaint to the interpreter at the addresson file with the administrative office of the courts and proceed as follows:

(5)(C)(i) Theinterpreter shall answer the complaint within 30 days after the date thecomplaint is mailed or the allegations in the complaint ?will be deemed to be true and correct.The answer shall admit, deny or further explain each allegation in thecomplaint.

(5)(C)(ii) Unless theprogram coordinator determines the allegation in the formal complaint to beegregious, the interpreter shall remain on the court interpreter roster until afinal decision on discipline has been made.

(5)(C)(iii) The programcoordinator may review records and interview the complainant, the interpreterand witnesses. After considering all factors, the program coordinator maypropose a resolution, which the interpreter may stipulate to. The programcoordinator may consider aggravating and mitigating circumstances such as theseverity of the violation, the repeated nature of violations, the potential ofthe violation to harm a person?s rights, the interpreter?s work record, priordiscipline, and the effect on court operations.

(5)(C)(iv)When the investigation of the formal complaint is complete, the programcoordinator shall notify the interpreter, in writing, of the proposedresolution. Within 15 days of the proposed resolution, the interpreter shall,in writing, either accept the discipline by consent or request a hearing by apanel of the Language Access Committee. If the interpreter fails to respond tothe program coordinator?s proposed resolution, or fails to request a hearingwithin 15 days, the interpreter will be deemed to have stipulated to theproposed resolution.

(6) Hearing by panel.

(6)(A) The programcoordinator shall notify the chair of the Language Access Committee if theinterpreter requests a hearing by a panel. The chair of the Language AccessCommittee shall assign three members of the Committee, including oneinterpreter, to serve on the panel for the hearing, and shall assign one of thepanel members to chair the hearing. The chair of the panel is responsible forsending notice to the interpreter, the complainant and the program coordinator.

(6)(B) The hearingbefore the panel is private and closed to the public. The hearing shall berecorded. The hearing is informal and is not governed by the Rules of CivilProcedure and the Rules of Evidence. The interpreter, the complainant, and theprogram coordinator may attend the hearing. The interpreter and the programcoordinator may each bring counsel to the hearing. The chair may limit othersin attendance to those persons reasonably necessary to the proceedings. Theprogram coordinator and the interpreter may submit exhibits and call witnesses.Panel members and staff may not disclose or discuss information or materialsoutside of the meeting except with others who participated in the meeting orwith a member of the panel.

(6)(C) If any partyfails to appear, the panel may proceed on the evidence before it. If thecomplainant fails to appear, the panel may dismiss the Formal Complaint.

(6)(D) The panel shalldetermine by a majority whether there is a preponderance of evidence of thealleged conduct or omission, and whether the alleged conduct or omissionviolates this rule or the Code of Professional Responsibility. Within 30 days,the panel chair will inform the program coordinator, the interpreter, and thecomplainant, in writing, of its decision and the findings of fact supportingit. The panel may discipline the interpreter as provided under paragraph (2)(B), including permanently removing the interpreter?s credentials.

(6)(E) The interpretermay appeal the decision to the Language Access Committee by sending a writtenrequest to the program coordinator within 15 days of the date of the panel?sdecision.

(7) Appeal hearingbefore the Language Access Committee.

(7)(A) The committeechair and at least one interpreter member shall attend the hearing before theLanguage Access Committee. If a committee member is the complainant or theinterpreter, the committee member is recused. Members of the panel arealso recused. The program coordinator shall mail notice of the date, time andplace of the hearing to the interpreter and the complainant. Atleast 6 days before the hearing, the interpreter and program coordinator maysubmit briefs and exhibits, which the committee shall review. Theinformation the committee may consider is limited to information presented tothe panel. The hearing is closed to the public. Committee members and staff maynot disclose or discuss information or materials outside of the meeting exceptwith others who participated in the meeting or with a member of the Committee.The committee may review records and interview the interpreter, the complainantand witnesses. A record of the proceedings shall be maintained but is notpublic.

(7)(B The committeeshall decide whether the panel abused its discretion in making its decision. Ifthe committee determines the panel abused its discretion, the committee maydismiss the Formal Complaint or discipline the interpreter differently asappropriate. If the committee determines that the panel did not abuse itsdiscretion, the interpreter shall be disciplined according to the panel?sdecision.? The chair of the committee, orthe chair?s designee, shall issue a written decision and analysis on behalf ofthe committee within 30 days after the hearing. The program coordinator shallmail a copy of the decision to the interpreter. The committee?s decision is final.

(7)(C) The interpretermay review and, upon payment of the required fee, obtain a copy of any recordsto be used by the committee. The interpreter may attend all of the hearingexcept the committee?s deliberations. The interpreter may be represented bycounsel and shall be permitted to make a statement, call and interview thecomplainant and witnesses, and comment on the claims and evidence. Theinterpreter may obtain a copy of the record of the hearing upon payment of therequired fee.

(8) If the interpreteris certified in Utah under rule 3-306.03(1), the program coordinator, panel or committeemay report any final findings and sanction to other agencies and certificationauthorities in other jurisdictions.

 

Effective May 1, 2016