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 New Hampshire interpreter classification system operated by the coordinator of the program for the deaf and hard of hearing, bureau of vocational rehabilitation, department of education, as provided in PART Ed 1023.

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.

(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:

New Hampshire Board of Licensure of Interpreters for the Deaf and Hard of Hearing

21 South Fruit Street, Suite 20

Concord, New Hampshire 03301

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.

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

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 New Hampshire; and

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 Concord and conforms to the requirements of this chapter. The bureau of vocational rehabilitation, program for the deaf and hard of hearing, shall be the custodian of the board's records as provided in Int 103.03.

(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.

(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 Concord in care of the bureau of vocational rehabilitation, program for the deaf and hard of hearing.

(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 Concord. The complaint may be filed in an alternative format under Int 205.02.

(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.

(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.

(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.

(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.

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 New Hampshire shall apply to hearings under this chapter.

(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.

(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.

(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;

(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.

(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.

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

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 New Hampshire shall do so by submitting an application provided by the board which contains the information specified by Int 301.02, and by paying the application fee specified by Table 303.1.

(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 New Hampshire interpreter classification system program;

(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 New Hampshire interpreter classification system program who:

(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;

(d) A statement as to whether the applicant:

(1) Is certified by the RID, ACCI, or by the New Hampshire interpreter classification system program and, if so, provide a copy of the certification; or

(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 New Hampshire;

(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 New Hampshire.

(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;

(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

333 Commerce Street, Alexandria, VA 22314

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 America’s women, men, and children who are deaf is the foundation of the tenets, principles, and behaviors set forth in this Code of Professional Conduct.

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.

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.

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.

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.

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.

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.