Michigan Administrative Code › Department - Civil Rights › Civil Rights Commission › Qualified Interpreter - General Rules › Part 7 - PROCEDURES FOR REVOCATION, SUSPENSION, LIMITATION OF CERTIFICATION, REINSTATEMENT › Section R. 393.5070 - Violations; grounds for disciplinary action

Current through Vol. 24-12, July 15, 2024
Rule 70.
(1) The division may deny, revoke, suspend, or place a limitation on a qualified interpreter certification for 1 or more of the following reasons:
(a) Discrimination, harassment, or retaliation toward an person for filing a complaint about dissatisfactory interpreting services.
(b) Fraud, deceit, cheating, or misrepresentation in applying for or renewing a certificate under the act.
(c) Violation of any provision of the act or rules promulgated under the act.
(d) Failure of a certified interpreter to submit his or her application or renewal and who continues to work without listing.
(e) Incompetent practice under the act or negligence in the practice of interpreting.
(f) Knowingly aiding or assisting another person to violate any provision of the act or rule promulgated under the act.
(g) Fraud, deceit, cheating, or misrepresentation in the practice of interpreting.
(h) Failure to report to the division any adverse final action taken against him or her by another licensing jurisdiction, peer review body, professional deaf or hard of hearing interpreting association, governmental commission, law enforcement commission, or any court for a deaf or hard of hearing interpreting liability claim reasonably related to acts or conduct similar to acts or conduct that would constitute grounds for action as provided in this rule.
(i) Failure to report to the division the surrender of certificate, license, registration, or authorization to practice interpreting in another state or jurisdiction or surrender of the certificate, license, registration, or authorization to practice interpreting while under disciplinary investigation by any of those authorities or bodies for acts or conduct reasonably similar to acts or conduct that would constitute grounds for action.
(j) Failure to decline or offer to withdraw from an interpreting or transliterating proceeding when effective communication is not substantially achieved or when notified by D/DB/HH or hearing person of inability to consistently understand.
(k) Failure to decline subsequent proceedings with a D/DB/HH person after being informed by the D/DB/HH person, appointing authority and/or an agency acting on behalf of an appointing authority of an inability to achieve effective communication during a previous encounter with that D/DB/HH person.
(1) Offenses evidencing lack of good moral character as provided in R 393.5033.
(2) Notwithstanding subdivisions (j) and (k) of subrule (1) of this rule, an interpreter shall not be disciplined for violation of these rules when all the following conditions have been met:
(a) The interpreter has been first informed by a medical professional or sworn law enforcement officer that the medical professional/officer has determined that an emergency exists.
(b) The medical professional/officer reasonably believes that the health of 1 or more persons is at immediate and time-sensitive risk.
(c) The medical professional/officer is actively seeking a qualified interpreter.
(d) The medical professional/officer indicates the interpreter being utilized is the closest to effective method of communication available.
(e) In addition to documenting subdivisions (a) to (d) of this subrule, in order to claim this protection the interpreter shall personally verify that the D/DB/HH person has been informed of any other reasonably available alternative option and that no such available alternative option is being requested by the D/DB/HH person.
(3) Nothing in this rule shall mitigate a medical professional, law enforcement officer, or appointing authoritys responsibility for failure to meet a legal duty which contributed to the necessity to proceed with other than a qualified interpreter and/or less than effective communication.