Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part VII - ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS › Chapter 221 - COURT INTERPRETERS FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY AND FOR PERSONS WHO ARE DEAF OR HARD OF HEARING › Subchapter 4 - DISCIPLINARY PROCEDURES › Section 404 - Disciplinary Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Lodging
				  a complaint against an interpreter subject to these procedures.-A complaint
				  must be submitted to the ICP in writing on a standard complaint form signed by
				  the complainant. The complaint shall include a description of the alleged
				  improper activity and the identity of any witnesses. Any person, including the
				  ICP Administrator, may initiate a complaint.
(b) Review of Complaint.-The ICP
				  Administrator will review the complaint and determine whether the allegations,
				  if true, constitute grounds for disciplinary action pursuant to § 402 (relating
				  to suspension or revocation of certification and roster status). If the ICP
				  Administrator determines that the complaint does not allege conduct that
				  constitutes grounds for discipline, the complaint shall be dismissed and both
				  the complainant and the interpreter will be notified. If the ICP Administrator
				  determines that sufficient grounds for discipline exist, a copy of the
				  complaint will be sent to the interpreter.
(c) Response.-Upon receipt of a copy of the
				  complaint, the interpreter may submit a written response to the ICP
				  Administrator within 20 days. Failure to respond will be deemed an admission of
				  the violations alleged in the complaint. The ICP Administrator will then apply
				  whatever sanctions are considered to be appropriate.
(d) Investigation.-When the interpreter
				  submits a timely response to the complaint, the ICP Administrator shall conduct
				  an investigation. The ICP Administrator may contact the interpreter, the
				  complainant, and any other person deemed to have relevant information, and use
				  any reasonable means necessary to ascertain the facts and investigate the
				  allegations. The ICP Administrator may also meet with the parties in an attempt
				  to resolve the matter informally. Such a resolution may or may not include
				  sanctions as agreed to by the parties.
(e) Determination.-If, at the conclusion of
				  the investigation, the ICP Administrator determines that no conduct occurred
				  that constitutes ground for discipline, the complaint shall be dismissed and
				  both the complainant and the interpreter shall be notified. The notification
				  shall include an explanation of the reason(s) for the ICP Administrator's
				  determination.
When, after an investigation, the ICP Administrator
					 determines that a violation of the Rules of Professional Conduct for Judiciary
					 Interpreters has occurred and that sufficient grounds exist to support the
					 allegations in the complaint, the ICP Administrator will submit a report of the
					 findings in writing to the complainant and the interpreter including which
					 policies have been violated and whatever sanctions are considered to be
					 appropriate.
(f) Petition
				  for review.-If the interpreter disagrees with the ICP Administrator's findings
				  and proposed sanctions and wants to contest them, the interpreter shall submit
				  a petition for review in writing to the Court Administrator within 20 days of
				  receiving the ICP Administrator's report and proposed sanctions. The petition
				  shall briefly state the facts that form the basis for the initial complaint and
				  the interpreter's reasons for disagreeing with the ICP Administrator's findings
				  or proposed sanctions. A copy of the petition shall be provided to the ICP
				  Administrator. Failure to file a petition for review in a timely manner will be
				  deemed an admission of the violations alleged in the complaint and the ICP
				  Administrator will implement the recommended sanctions.
(g) Hearing.-If the interpreter contests the
				  findings of the ICP Administrator's report or disagrees with the recommended
				  sanctions and submits a timely petition for review as provided in subsection
				  (f), the interpreter may request, and shall be given, a hearing before a
				  hearing officer designated by the Court Administrator. A request for a hearing
				  must be included in the petition for review.
If the interpreter requests a hearing in a timely manner,
					 the hearing shall be held within 60 days from the date on which the petition is
					 received by the Court Administrator. The following conditions will apply at the
					 hearing.
(i) Legal representation.-The
				  interpreter may be represented by counsel. The interpreter shall be responsible
				  for all of his or her costs and expenses including attorney's fees.
(ii) Pre-hearing discovery.-Pre-hearing
				  discovery shall not be permitted unless expressly authorized by the hearing
				  officer in response to a written request.
(iii) Rules of evidence.-Strict rules of
				  evidence shall not apply. The hearing officer may, in his or her discretion,
				  consider any evidence presented, including affidavits, and give such evidence
				  the weight he or she deems appropriate.
(iv) Reporting of hearing.-A record of the
				  hearing shall be made.
(v)
				  Confidentiality.-Hearings shall be private and confidential, except upon
				  request of the interpreter facing the allegations. Complainants, however, shall
				  be entitled to attend the hearing.
(vi) Hearing procedure.-At the hearing, both
				  the ICP Administrator and the interpreter shall be afforded the opportunity to
				  introduce documents and other relevant evidence and to elicit sworn testimony.
				  The hearing officer may, at his or her discretion, call witnesses, and consider
				  or clarify evidence presented, giving such evidence the weight he or she deems
				  appropriate.