reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.6 - Charge; issuance; refusal to issue

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) If, after investigation, the department determines that there are sufficient grounds, a charge shall be issued.
(2) If the department determines that there are insufficient grounds to issue a charge, it shall refuse to issue a charge and shall notify the parties by mail or electronic service of the determination and the refusal, together with the reasons for refusal, and of the claimant's right to request reconsideration by the department of the determination within 30 days after the date of mailing, in accordance with R 37.7.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.7 - Reconsideration of refusal to issue charge; request; hearing

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) A claimant may request that the department reconsider a summary of complaint or refusal to issue a charge on a certified complaint. The request must be in writing, state specifically the grounds upon which it is based, and be filed within 30 days after the date of mailing of the notice of disposition of which reconsideration is requested. It must be filed at any office of the department by personal delivery or by mail.
(2) A reconsideration of a summary of complaint must review whether the request for reconsideration is timely filed and if the allegations are jurisdictional.
(3) Reconsideration of a closed or dismissed certified complaint must be filed within 30 days of closure or dismissal and must address the following 3 criteria:
(a) Whether an adequate investigation was conducted.
(b) Whether there is new probative evidence that may change the result of the investigation.
(c) Whether the determination was made in error.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.10 - Charge; service

Current through Vol. 24-12, July 15, 2024
Rule 10. Copies of the charge or amended charge must be delivered by mail or electronic service or sent by certified or registered mail, return receipt requested, to the parties, together with notice to the respondent to answer the charge as provided in R 37.11.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.11 - Answer

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) The respondent shall file a written verified answer to the charge of discrimination within 21 days after the date of service of the charge.
(2) The answer must be filed in duplicate at any office of the department. The filing must be by personal delivery mail or electronic service, with proof of service.
(3) Upon request, the commission or director may, for good cause shown, extend the time within which the answer may be filed.
(4) The answer must be in writing and the original must be signed and verified by the respondent. The answer must contain the address of the respondent, and if he or she is represented by counsel, the name and address of counsel. The answer must contain a general or specific denial or admission or a denial of any knowledge or information sufficient to form a belief of every allegation of the charge and a statement of any matter constituting a defense. An allegation in the charge that is not denied or admitted in the answer, unless the respondent states in the answer that he or she is without knowledge or information sufficient to form a belief, is considered admitted.
(5) The respondent has the right, reasonably and fairly, to amend his or her answer. Both of the following apply to an amended answer:
(a) The respondent's right to amend his or her answer may be exercised at any time, without permission, up to 10 days before the first hearing. If the first hearing is in less than 10 days, the respondent may apply, and the hearing commissioner or hearing referee may allow the respondent to amend his or her answer.
(b) Duplicate copies of an amended answer must be filed with the department.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.13 - Service of documents upon counsel

Current through Vol. 24-12, July 15, 2024
Rule 13. If counsel has appeared in writing on behalf of a party, a copy of any notice, pleading, or other document required to be sent to a party under these rules shall be mailed to counsel instead of the party, unless there is a written request from the party or counsel that a copy be mailed to the party also.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.14 - Orders to submit pertinent material and require attendance of witnesses; other powers; cost of service; witness and mileage fees

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) At the instance of a party or on its own behalf, the commission or the department may order the submission of books, papers, records, and other pertinent material, and require the attendance of witnesses, administer oaths, take testimony and receive evidence, and compel, through court authorization, compliance with its orders.
(2) Where an order is issued at the instance of a party to the inquiry or proceedings, other than the commission or a member thereof, or the department, the cost of service and witness and mileage fees shall be borne by the party at whose instance it has been requested and issued. When an order is issued at the instance of the commission, or a member thereof, or the department, the cost of such service and witness and mileage fees shall be borne by the commission or department. Such witness and mileage fees shall be the same as are paid to witnesses in the circuit courts of the state of Michigan.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.15 - Depositions

Current through Vol. 24-12, July 15, 2024
Rule 15. In accordance with the Michigan general court rules, the commission, or any member thereof, or the director, on its own motion or on the application of 1 of the parties, may take or cause to be taken depositions of witnesses residing within or without the state.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.16 - Order issued after hearing

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) An order of the commission issued after hearing shall set forth the findings of fact and the basis for its decision. Following a hearing conducted under R 37.12, and prior to a final order, the commission shall transmit to the parties a copy of the report of the hearing commissioners or referees and shall give parties an opportunity to file exceptions and present written arguments to the commission. The commission may permit oral argument prior to its final decision.
(2) If upon the evidence at the hearing the commission shall find that a respondent has engaged in any unlawful discrimination, the commission shall state its findings of fact and may issue an order requiring such respondent to cease and desist from such unlawful discriminatory act and to take such affirmative action as the commission may deem appropriate, which may include reporting from time to time the manner and extent of compliance. If upon the evidence the commission shall find that a respondent has not engaged in unlawful discrimination, the commission shall state its findings of fact and shall issue an order dismissing the charge as to such respondent.
(3) Copies of orders shall be served upon parties, interveners, and their counsel by registered or certified mail, return receipt requested, or by such other means as are reasonably calculated to give actual notice, accompanied by a notice of the statutory right to judicial appeal.
(4) All orders issued after a hearing shall be filed with the director. Such orders shall be open to public inspection during regular office hours of the department.
(5) When deemed by the commission necessary to safeguard the interest of persons concerned and to prevent injustice, the commission at any time prior to or subsequent to the issuance of a charge may issue its own order or the commission or the department may apply to an appropriate court for the issuance of an order directed to or against any person or persons enjoining or prohibiting any conduct or threat thereof which violates or jeopardizes any of the rights of any person or persons guaranteed by law or the constitution.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.17 - Reopening of proceedings

Current through Vol. 24-12, July 15, 2024
Rule 17. The commission upon its own motion, or upon request of any party or intervener, whenever justice so requires, may at any time reopen any closed proceeding upon notice to all parties and interveners. The department may reopen any proceeding closed by the department in the same manner.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.18 - Appeals from order of commission

Current through Vol. 24-12, July 15, 2024
Rule 18. Any party claiming to be aggrieved by a final order of the commission or the department, including without limitation a refusal to issue a charge, may appeal to the circuit court of the state of Michigan having jurisdiction provided by law within 30 days of the date of service of an appealable order.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.19 - Modification or setting aside of orders

Current through Vol. 24-12, July 15, 2024
Rule 19. Until an appeal shall have been filed in a court, as provided in R 37.18, the commission may, at any time, upon reasonable notice and in such manner as it shall deem proper, modify or set aside, in whole or in part, any findings or order made by it.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.20 - Declaratory ruling

Current through Vol. 24-12, July 15, 2024
Rule 20.
(1) The commission, on petition of an interested person, may issue a declaratory ruling as to the applicability of a statute, regulation, or rule to an actual state of facts upon submission to the commission of each of the following:
(a) A clear and concise statement of the facts.
(b) A legal brief, memorandum, or other reference to legal authorities relied upon.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.21 - Rules; adoption; amendment or rescission

Current through Vol. 24-12, July 15, 2024
Rule 21. New rules may be adopted and any rule may be amended or rescinded by the commission at a regular or special meeting, provided that not less than 5 members are present and voting in favor of such amendment and notice thereof shall have been given to all members of the commission not less than 10 days before the meeting at which action it is to be taken.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.22 - Rules; availability; construction

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1) The rules of the commission shall be available to the public at all offices of the department.
(2) These rules shall be liberally construed to accomplish the purposes of the constitution and the policies of the commission.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.23 - Guidelines

Current through Vol. 24-12, July 15, 2024
Rule 23. The commission may adopt interpretive or procedural guidelines, or both, at a regular or special meeting, if not less than 5 members are present and are voting in favor of such guidelines and notice thereof is given to all members of the commission not less than 10 days before the meeting at which action is to be taken. Guidelines may be amended or rescinded by the same procedure. The guidelines shall be available to the public at all offices of the department.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.24 - Record making and keeping; disclosure

Current through Vol. 24-12, July 15, 2024
Rule 24.
(1) Any person who wishes, for purposes not inconsistent with the constitution and statutes, to make any of the records prohibited by sections 206 and 402(c) of Act No. 220 of the Public Acts of 1976 and sections 206 and 402(c) of Act No. 453 of the Public Acts of 1976, being SS37.1206, 37.1402(c), 37.2206, and 37.2402(c) of the Michigan Compiled Laws, may apply to the commission, stating the specific purpose, method of compilation, and disposition of such information. The commission may permit the making or keeping of such records for limited periods upon such application.
(2) A person subject to section 206 of Act No. 453 of the Public Acts of 1976 and section 206 of Act No. 220 of the Public Acts of 1976, being SS37.2206 and 37.1206 of the Michigan Compiled Laws, shall, upon request of the department or commission, disclose information covered by the above sections and shall not thereby be in violation of those provisions. A person subject to the same sections may retain records and information previously and lawfully obtained from prospective employees, but may not disclose that information, except as provided in this rule.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.25 - Exemption from particular section of act; bona fide occupational qualification (BFOQ)

Current through Vol. 24-12, July 15, 2024
Rule 25.
(1) A person subject to article 2 of the Elliott-Larsen civil rights act, 1976 PA 453, MCL  37.2201 to  37.2211, may apply to the commission for exemption from particular sections of article 2 of the Elliott-Larsen civil rights act, 1976 PA 453, MCL  37.2201 to  37.2211, on the basis that religion, national origin, age, height, weight, or sex is a bona fide occupational qualification (BFOQ). An application for a BFOQ exemption may be obtained from the department's office of legal affairs or via the website at
www.michigan.gov/mdcr
.
(2) The commission may direct the department to investigate any matter deemed relevant to an application, and the applicant shall make available all records, documents, data, or other information requested by the department or commission. Failure to provide this information results in denial of the application.
(3) An exemption must not be granted if the same facts and circumstances are at issue in a complaint pending before the department or commission. Upon a sufficient showing, the commission may grant an exemption. The exemption may be later revoked by the commission if the commission obtains other or different information, but the revocation is prospective. Any person obtaining an exemption shall notify the commission if and when the classification exempted is no longer utilized.
(4) An approved BFOQ exemption is effective for not more than 5 years after the date of the order of exemption issued by the commission.
(5) Within 21 days" after notice to the person to whom an approved BFOQ exemption has been granted, the commission may revoke the BFOQ exemption by a majority vote of the commission.
(6) An application to renew a BFOQ exemption may be submitted on the application form provided by the department.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.26 - Agreement or memorandum of understanding with local human rights agency or commission

Current through Vol. 24-12, July 15, 2024
Rule 26. With the approval of the commission, the department may enter into agreements or memoranda of understanding with local human rights agencies or commissions, where such agreements shall facilitate the purposes of the constitution and civil rights statutes administered by the department and the commission. The agreements may include certification for the investigation of deferred complaints.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.27 - Voluntary plans

Current through Vol. 24-12, July 15, 2024
Rule 27.
(1) Any person requesting approval of a plan in accordance with the provisions of sections 210 and 507 of Act No. 453 of the Public Acts of 1976, and sections 208, 403, and 507 of Act No. 220 of the Public Acts of 1976, being SS37.2210, 37.2507, 37.1208, 37.1403, and 37.1507 of the Michigan Compiled Laws, may submit the plan by filing it at any office of the department and requesting approval.
(2) The commission may direct the department to obtain such information as it deems necessary to approve or disapprove a plan. The person requesting approval shall make available all records or information requested, and such information shall be deemed confidential. Information required shall include, but shall not be limited to, all of the following:
(a) Verification that the person requesting approval is not subject to any federal or state court order covering any of the practices involved in the plan.
(b) A statement of all court or agency enforcement actions presently pending.
(c) A statement of any voluntary plans previously filed with other state or federal agencies.
(d) A statement of the purpose of the plan.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.28 - Method for calculation of days

Current through Vol. 24-12, July 15, 2024
Rule 28.
(1) All time is measured in days unless another rule specifically provides a different method.
(2) When counting the number of days, Saturdays, Sundays, and state holidays must be included, subject to subrule (4) of this rule.
(3) "Day 1," the first day for counting, is the day after the event.
(4) When counting the number of days, the last day of the counting period is included, unless it is a Saturday, Sunday, state holiday, or other day when state offices are closed, in which cases the last day becomes the next day state offices are open for business.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.29 - Mail and electronic service

Current through Vol. 24-12, July 15, 2024
Rule 29.
(1) Mailing a copy under these rules means enclosing it in a sealed envelope with first class postage fully prepaid, addressed to the person to be served, and depositing the envelope and its contents in the United States mail. Service by mail is complete upon mailing. Electronic service must be by email. When filing documents by email, all of the following apply:
(a) All documents must be in PDF format.
(b) The email subject line must include the case name, department case number, and title of each document being sent.
(c) An email sent at or before 11:59 p.m. is considered served on that day. If the email is sent on a Saturday, Sunday, or legal holiday, it is deemed to be served on the next business day.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.30 - Signature

Current through Vol. 24-12, July 15, 2024
Rule 30.
(1) The claimant's signature on a certified complaint form means all of the following apply:
(a) Claimant has read the document.
(b) To the best of claimant's knowledge, information, and belief the allegations are grounded in fact.
(c) The certified complaint is made in good faith and not made for any improper purpose, including to harass or to cause unnecessary expense.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Organization, Practice, and Procedure › Section R. 37.31 - Manner of hearings

Current through Vol. 24-12, July 15, 2024
Rule 31.
(1) Hearings scheduled in accordance with R. 37.7 and R. 37.12 may be held in person or remotely, or both, at the discretion of the commission and in a manner as determined by the commission.
(2) If a remote hearing is initially scheduled for a hearing pursuant to R 37.7, the claimant must be provided an opportunity to request an in-person hearing. A request for an in-person hearing must be made in writing to the commission within 7 days of the hearing notice.
(3) If a remote hearing is initially scheduled for a hearing pursuant to R 37.12, a party may request an in-person hearing within 7 days of the hearing notice.
(4) Requests for in-person hearings are considered on a case-by-case basis and granted only if both of the following requirements are met:
(a) A reasonable, good cause showing of accessibility limitations, specific evidentiary issues, or other unique circumstance.
(b) An agreement to comply with specific requirements for in-person hearings.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Notices › Section R. 37.101 - Posting of notices

Current through Vol. 24-12, July 15, 2024
Rule 101. The commission may require persons, groups, or organizations within its jurisdiction to post, in a conspicuous place, notices which the commission may publish or cause to be published setting forth any requirement for compliance with civil rights law or such other relevant information which the commission determines necessary to explain such law.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 1 - GENERAL PROVISIONS › Section R. 393.5004 - Reasonable notice

Current through Vol. 24-12, July 15, 2024
Rule 4. An appointing authority may require that a person requesting an accommodation provide reasonable advance notice. A lack of reasonable advance notice of the need for an interpreter may relieve the legal obligation to make timely and appropriate attempts to provide one; but an appointing authoritys refusal to provide a legally required accommodation based only upon a notice requirement greater than what is reasonable under the circumstances is a refusal to provide the accommodation. A determination of reasonableness may, among other factors, include the local availability of interpreters, the frequency with which the appointing authority receives such requests, whether the appointing authority regularly utilizes VRI or an interpreter agency, the nature of the proceedings for which the interpreter is requested, any specific types endorsement or other interpreter expertise needed, the potential for harm if there is delay in the proceeding, and the ability of the D/DB/HH person to have foreseen the need. Notice is always reasonable when provided by a D/DB/HH as soon as a medical, legal, or emergency need is identified.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 1 - GENERAL PROVISIONS › Section R. 393.5005 - Verification of interpreter qualifications

Current through Vol. 24-12, July 15, 2024
Rule 5. The division shall assist an appointing authority or a member of the public to ensure that an interpreter is properly qualified by 1 or more of the following methods:
(a) Verifying through oral or written request that a credential provided by the division is current and valid.
(b) Accepting and referring requests for qualified interpreters channeled through the division under MCL 393.508 (1).
(c) Verifying the credential of qualified interpreters through an online listing provided by the division under MCL 393.508 (2).
(d) Providing consultation on required certification and standard levels.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 2 - MINIMUM CREDENTIAL REQUIREMENTS AND LEVELS › Section R. 393.5021 - Acceptable certifications

Current through Vol. 24-12, July 15, 2024
Rule 21.
(1) All of the following certifications are recognized in this state:
(a) The following certification evaluated by this state:
(i) Michigan Quality Assurance (QA) I, II, III, until phase-out date being 90 days after the effective date of these rules.
(ii) Michigan BEI I.
(iii) Michigan BEI II.
(iv) Michigan BEI III.
(v) Deaf Interpreter (DI).
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 2 - MINIMUM CREDENTIAL REQUIREMENTS AND LEVELS › Section R. 393.5022 - Minimum standard levels

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1) Standard levels shall include level 1, level 2, level 3, and an educational level. Standard levels are based upon the sign language interpreters credentials, and are intended to illustrate a given level of expected proficiency. Each level is the minimum level established to protect the health, welfare, and safety of the D/DB/HH person and interpreters engaged in the specific environments identified under each standard level. Interpreters shall accept, refuse, or withdraw from proceedings, based upon their standard level, RID professional code of conduct tenets, experience, ability to readily communicate, mandated standards, and credentials.
(2) A person with a designated oral transliteration certificate may provide oral transliterating only. Sign language interpreter certification is required for a person to perform sign language interpreting. If oral transliterating is done under standard levels 2 and 3, then the interpreter shall also obtain medical and legal endorsements.
(3) The following certifications are not recognized by the division for the circumstances described:
(a) Beginning 90 days from the effective date of these rules, holders of certificates listed under standard level 1 and standard level 2 shall not provide legal interpreting.
(b) An interpreter holding a QA I certification shall not work in an educational environment beyond 90 days after the effective date of these rules.
(c) Endorsements are required to interpret in medical situations in legal situations, and for a proceeding involving a deafblind person. Endorsement requirements shall be required 2 years from the effective date of these rules.
(d) Adherence to standard levels will begin 90 days after the effective date of these rules.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 2 - MINIMUM CREDENTIAL REQUIREMENTS AND LEVELS › Section R. 393.5023 - Standard Level 1; non-complex, low-risk environments

Current through Vol. 24-12, July 15, 2024
Rule 23.
(1) Interpreters at standard level 1 shall hold 1 of the following credentials:
(a) MI-BEI I.
(b) Michigan QA 1, until phased out as provided in R 393.5021(l)(a)(i).
(c) DI.
(d) NAD 3.
(e) RID IC (interpretation certificate).
(f) RID TC (transliteration certificate).
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 2 - MINIMUM CREDENTIAL REQUIREMENTS AND LEVELS › Section R. 393.5024 - Standard level 2; moderately complex environments; medium to high-risk environments; health care; government; employment; finance

Current through Vol. 24-12, July 15, 2024
Rule 24.
(1) Interpreters at standard level 2 may work in moderately complex environments and hold 1 of the following credentials:
(a) Michigan QA II, until phased out as provided in R 393.5021(l)(a)(i).
(b) Michigan QA III, until phased out as provided in R 393.5021(l)(a)(i).
(c) BEI II.
(d) RID CI (certificate of interpretation).
(e) RID CT (certificate of transliteration).
(f) NAD 4.
(g) RID NIC.
(h) RID NIC advanced.
(i) RID NIC master.
(j) RID OTC.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 2 - MINIMUM CREDENTIAL REQUIREMENTS AND LEVELS › Section R. 393.5025 - Standard level 3; high risk, legal environments

Current through Vol. 24-12, July 15, 2024
Rule 25.
(1) Interpreters assigned to standard level 3 may work in high-risk environments and shall hold 1 of the following credentials and legal endorsement as prescribed in R 393.5028:
(a) Michigan BEI III, plus 4 years of experience post initial certification.
(b) DI, plus 4 years of experience post initial certification.
(c) RID CSC.
(d) RID MCSC.
(e) RID Reverse Skills Certificate.
(f) RID SC: L.
(g) RID CDI, plus 4 years of experience post initial certification.
(h) NAD 5.
(i) RID CI and CT.
(j) RID OTC.
(k) RID NIC, plus 4 years of experience post initial certification.
(l) RID NIC advanced, plus 4 years of experience post initial certification.
(m) RID NIC master, plus 4 years of experience post initial certification.
(n) RID CLIP-R.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 2 - MINIMUM CREDENTIAL REQUIREMENTS AND LEVELS › Section R. 393.5026 - Educational interpreter qualifications

Current through Vol. 24-12, July 15, 2024
Rule 26.
(1) An educational interpreter working in an elementary school environment (pre-kindergarten through 6th grade) shall, except as provided in subrule (8) of this rule, possess any of the following:
(a) An EIPA performance score of 4.0, EIPA elementary endorsement. If the EIPA 4.0 is first obtained after August 31, 2016, a passing score on the EIPA written test or a similar written test adopted by the division in cooperation with MDE.
(b) A division recognized certification that requires an equivalent child-based model testing instrument approved and certified by the division with advice from the department of education.
(c) A deaf interpreter credential and certification by the division.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 2 - MINIMUM CREDENTIAL REQUIREMENTS AND LEVELS › Section R. 393.5027 - Exceptions; standard level designations

Current through Vol. 24-12, July 15, 2024
Rule 27.
(1) A troupe member of a theater company, performing artist, dignitary, or speaker that utilizes sign language as part of his or her repertoire is not required to be a qualified interpreter, as the person signing is there for artistic purposes and is not upon the request of a D/DB/HH person for reasonable accommodation.
(2) During a state or national emergency, a person facilitating communication between a D/DB/HH person and first responders is exempt from these rules until a qualified interpreter may be found.
(3) Following the implementation of 4.0 as the educational standard, the director shall grant an exception to the standard at the request of the school district when all the following factors exist:
(a) An educational program has exhausted all reasonable efforts to locate an interpreter possessing the required standard.
(b) The educational program has informed the division in writing describing its attempts and inability to locate a properly qualified interpreter and the division has failed for a period of 14 days to provide the program with an appropriate and employable candidate.
(c) The rule from which the exception is granted would otherwise result in a D/DB/HH child being without communication access for his or her education.
(d) Other educational options such as enrollment in a Michigan School for the Deaf, participation in a regional deaf education program, or enrollment in a remote educational program have been discussed, evaluated, and considered with the parent or parents of the D/DB/HH child by the IEP team.
(e) The requirements of subdivisions (a) to (d) of this subrule shall be reviewed annually by the division and if granted, an exception is only effective through the end of the applicable school year.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 2 - MINIMUM CREDENTIAL REQUIREMENTS AND LEVELS › Section R. 393.5028 - Special endorsements; deafblind; medical and mental health; legal

Current through Vol. 24-12, July 15, 2024
Rule 28.
(1) Beginning 2 years following the effective date of these rules, an endorsement shall be required to interpret for a proceeding in any of the following environments:
(a) Deafblind.
(b) Medical or mental health.
(c) Legal.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 2 - MINIMUM CREDENTIAL REQUIREMENTS AND LEVELS › Section R. 393.5029 - Establishing temporary use of other means of communication in medical emergencies

Current through Vol. 24-12, July 15, 2024
Rule 29.
(1) In emergency situations, when the health and/or safety of a D/DB/HH person or person represented by a D/DB/HH person is in immediate danger and 1 or more of the provisions of these rules cannot be immediately complied with, an appointing authority may temporarily establish other means of communication, provided all of the following conditions are satisfied:
(a) Attempts to locate a qualified interpreter comply with the rules and effective communication has begun, continues unabated, and all provisions are complied with as soon as possible.
(b) An alternative and more effective means of communication is not available, and any such means that becomes available is immediately utilized.
(c) The D/DB/HH person is informed of the temporary inability to provide compliant interpreting services, the status of efforts to obtain compliant interpreting services, and when compliant interpreting services are anticipated to become available.
(d) The D/DB/HH person is made aware of all communication options presently available and is provided the opportunity to determine how to proceed. Such means of communication may include, but are not limited to, a person who signs, written notes, sign language pictographs, or other means. VRI that does not comply with R 393.5055 may also be temporarily used pursuant to this rule, but only to include a properly qualified interpreter.
(e) All efforts to obtain compliant interpreting services and all temporary options discussed with the D/DB/HH person are documented and available for review.
(f) A D/DB/HH persons determination of which available option comes closest to providing effective communication is determinative, and it shall be the means of communication temporarily utilized until effective communication can be properly established.
(g) After a qualified interpreter arrives and effective communication is established, the appointing authority ensures that the D/DB/HH person has an understanding of the current situation before proceeding.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 3 - PROCEDURES FOR APPLICATION, CERTIFICATION, AND LISTING › Section R. 393.5031 - Application for certification by division

Current through Vol. 24-12, July 15, 2024
Rule 31.
(1) The division shall certify and list an in-state or out-of-state applicant who submits 1 of the following to the division, as applicable:
(a) An application for recognition as a state-certified interpreter and all of the following:
(i) Acceptable passing scores on the state administered interpreter test or any other test accepted by this state or any other state that has a reciprocal agreement with the division for an appropriate level test.
(ii) Payment of the fee prescribed in MCL 393.508e.
(iii) Four years after the effective date of these rules, possession of an associates or higher degree from an accredited institution.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 3 - PROCEDURES FOR APPLICATION, CERTIFICATION, AND LISTING › Section R. 393.5032 - Reciprocity

Current through Vol. 24-12, July 15, 2024
Rule 32. An applicant for certification by reciprocity shall do all of the following:
(a) Supply all documentation as applicable and required under R 393.5031.
(b) Pay all associated fees.
(c) Hold a current, valid license or certificate in good standing to practice interpreting in a state with which this state has a reciprocal agreement.
(d) Not have a report of disciplinary action pending in another state, nor a certificate, registration, or license currently under disciplinary action.
(e) Agree to comply with all rules under the act.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 3 - PROCEDURES FOR APPLICATION, CERTIFICATION, AND LISTING › Section R. 393.5033 - Good moral character

Current through Vol. 24-12, July 15, 2024
Rule 33.
(1) The division shall not issue certification, renew certification, nor test for certification, if the applicant lacks good moral character.
(2) The conviction for any of the following felonies by an applicant in a court of competent jurisdiction in any state, shall be evidence of a lack of good moral character:
(a) Homicide.
(b) Murder.
(c) Manslaughter.
(d) Criminal sexual conduct in any degree.
(e) Felonious assault or battery.
(f) Armed robbery.
(g) Extortion.
(h) Larceny.
(i) Embezzlement.
(j) Elder exploitation.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 4 - PROCEDURES FOR TESTING › Section R. 393.5041 - Testing; division issued certificate

Current through Vol. 24-12, July 15, 2024
Rule 41.
(1) The division shall schedule an applicant for testing who submits all the following:
(a) A fully completed application on forms provided by the division to take an appropriate level test.
(b) Evidence of graduation from high school or a GED.
(c) Four years after the effective date of these rules, a copy of an associates or higher degree from an accredited institution, or proof of having maintained current state or national certification before the effective date of these rules.
(d) Valid state photo identification.
(e) Verification of attainment of 18 years of age at the time of the application for testing.
(f) Fees required for examination as required under MCL 393.508e.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 4 - PROCEDURES FOR TESTING › Section R. 393.5042 - Retesting; recertification; other tests required

Current through Vol. 24-12, July 15, 2024
Rule 42.
(1) A person tested under the state testing system for certification shall participate in a 4-year testing cycle and retest at the next higher level of certification until passing the MI BEI II or its equivalent. After passing the MI BEI II or its equivalent, the person is not required to retest every 4 years as long as the certification does not lapse.
(2) A person who is required to retest will retain his or her current level of certification.
(3) A person holding current national certification or the state-recognized EIPA certification of 4.0 shall not be required to retest to renew his or her certification.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 4 - PROCEDURES FOR TESTING › Section R. 393.5045 - Accommodation; alternative pathway deaf interpreter certification

Current through Vol. 24-12, July 15, 2024
Rule 45. The division shall create as a reasonable accommodation in the absence of a standardized testing tool an alternative pathway toward state certification for deaf and hard of hearing persons to become qualified. The alternative pathway shall be structured to give weight to a person's experience, training, non-institutional training, and innate skills, and shall be flexible so as to enable the deaf or hard of hearing person to demonstrate requisite knowledge and skills.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 5 - MINIMUM STANDARDS OF PRACTICE › Section R. 393.5051 - Practice within standard level

Current through Vol. 24-12, July 15, 2024
Rule 51.
(1) A qualified interpreter shall interpret for a proceeding within his or her standard level, unless otherwise provided in these rules and the act.
(2) Before starting a proceeding, an interpreter shall show his or her current Michigan qualified interpreter credential card to the appointing authority and D/DB/HH person(s). If the credential card does not include a photograph, the interpreter must present it along with valid government issued photo identification.
(3) An interpreter working within a school shall provide the school with a copy of his or her current credential card at least annually and shall ensure a copy of the credential card is maintained on file at the school and available for public review upon request.
(4) If there is a conflict between these rules and a local, state, or federal law, the interpreter shall comply with the law. All interpreters in this state must comply with all federal regulations established by the United States Department of Justice under title II and III of the Americans with Disabilities Act of 1990 or Americans with Disabilities Amendments Act of 2008. These rules are intended to supplement state and federal laws and shall be read to be consistent with state and federal law if more than 1 interpretation is possible.
(5) A qualified interpreter may interpret for a proceeding for a co-worker or peer during organizational meetings, workshops, seminars, union discussions, or when not a participant in the meeting, but shall not interpret for a co-worker or peer during a disciplinary meeting, conflict resolution, personal meeting, or employment dispute. A neutral qualified interpreter shall be used, upon request of the D/DB/HH person.
(6) A qualified interpreter shall not interpret for opposing parties and/or counsel in a legal proceeding.
(7) When the defendant in a criminal trial is a D/DB/HH person, separate proceedings interpreter(s) and table interpreter(s) shall be required. A table interpreter facilitating communication between a D/DB/HH person and his or her counsel shall not interpret for the court. Similarly a proceedings interpreter shall not work without a table interpreter being present in a criminal case. The roles of the interpreter at the table and the proceedings interpreter are neither adversarial nor compatible. The interpreter at the table is a member of the council team and an agent of the attorney. The proceedings interpreter is an officer of the court. In such instances, both of the following apply:
(a) The proceedings interpreter shall interpret the courtroom proceedings.
(b) The table interpreter shall interpret privileged and other communications between a D/DB/HH person and his or her attorney while monitoring the accuracy and effectiveness of the proceedings interpreters interpretations on behalf of the defense.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 5 - MINIMUM STANDARDS OF PRACTICE › Section R. 393.5052 - Adoption by reference; code of professional conduct; VRI auxiliary aids and services; privacy rules

Current through Vol. 24-12, July 15, 2024
Rule 52.
(1) NAD-RID "Code of Professional Conduct," effective July 1, 2005, is adopted by reference. Copies may be obtained at no charge from National RID, 333 Commerce Street, Alexandria, VA 22314, 703/838-0030 (V), 703/838-0459 (TTY), or 703/838-0454 (Fax),
www.rid.org
. Copies are also available for review and distribution from the Division on Deaf and Hard of Hearing, 201 N. Washington SQ, STE. 150, Lansing, MI 48913 or
dodhh@michigan.gov
.
(2) Regulations promulgated under United States Department of Health & Human Services "The Health Insurance Portability and Accountability Act" ( Public Law 104-191, including as applicable 45 CFR Parts 160, 162, and 164 (HIPAA) as amended through March 26, 2013, are adopted by reference and all privacy provisions apply to an interpreter working in a medical environment. Copies of the simplification version are also available for review and distribution from the Division on Deaf and Hard of Hearing, 201 N. Washington SQ, STE. 150, Lansing, MI 48913 or
dodhh@michigan.gov
.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 5 - MINIMUM STANDARDS OF PRACTICE › Section R. 393.5053 - Educational standards

Current through Vol. 24-12, July 15, 2024
Rule 53. An interpreter possessing an EIPA certification shall not interpret for a proceeding for an adult D/DB/HH person in any setting. An EIPA certified interpreter working within an educational setting shall not interpret for a D/DB/HH colleague in any type of activity that occurs inside or outside of an educational situation described in R 393.5026.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 5 - MINIMUM STANDARDS OF PRACTICE › Section R. 393.5054 - Supervision of student interpreter practicum experience

Current through Vol. 24-12, July 15, 2024
Rule 54.
(1) A qualified interpreter may supervise student interns in an interpreter education curriculum that is under the jurisdiction of a college or training program recognized by the United States Secretary of Education as being regionally or nationally accredited.
(2) A qualified interpreter shall at all times accompany and supervise student interns who are interpreting in a practical setting to gain experience and skills related to interpreting.
(3) A qualified interpreter shall obtain the consent of the D/DB/HH person and appointing authority before allowing the student to participate and before introducing the student to the D/DB/HH person. In the case of a minor, permission must be obtained from the minors parents or legal guardian.
(4) A qualified interpreter supervising a student intern shall clearly identify the student as being an intern.
(5) A supervising qualified interpreter shall not at any time allow a student intern to be used as a substitute for a required qualified team interpreter or to work alone.
(6) Only qualified interpreters, as provided in the act, with a division recognized EIPA certification, national certification, or standards level 2 or above, may supervise student interns, and only for the proceedings for which the supervising interpreter is qualified.
(7) A qualified interpreter under disciplinary review or action shall not supervise student interpreters.
(8) A qualified interpreter shall not supervise a student accepting compensation for interpreting; however, a student stipend or formalized student apprenticeship is acceptable.
Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 5 - MINIMUM STANDARDS OF PRACTICE › Section R. 393.5056 - Notification; prohibited conduct

Current through Vol. 24-12, July 15, 2024
Rule 56.
(1) A qualified interpreter shall do all of the following:
(a) Notify the division of a felony conviction within 30 days of the conviction, regardless of the jurisdiction where it occurred.
(b) Notify the division within 30 days after occurrence of any judgment or settlement of malpractice claim or action.
(c) Comply with an appearance request by the division and cooperate with an investigation.
(d) Comply with the terms of a division order or the terms of a settlement agreement or consent order issued or executed as resolution of a contested case proceeding.