Section 96-1-004 - VIDEO REMOTE INTERPRETING (VRI) PROVIDERSA license is required to practice interpreting or transliterating. In accordance with Neb. Rev. Stat. § 20-150 to § 20-159, except as otherwise provided in section § 20-156.01, no person or entity shall:
(a) practice as an interpreter for the deaf or hard of hearing for compensation,(b) hold himself, herself, or itself out as a licensed interpreter for the deaf or hard of hearing,(c) provide video remote interpreting services,(d) use the title Licensed Interpreter for the Deaf or Licensed Transliterator for the Deaf, or use any other title or abbreviation to indicate that the person or entity is a licensed interpreter unless licensed by the state of Nebraska. 004.01ELIGIBILITY CRITERIA TO OBTAIN A VIDEO REMOTE INTERPRETING BUSINESS LICENSE1) An applicant for a business license to provide VRI services for deaf or hard of hearing individuals in Nebraska must assure all employed and contracted sign language interpreters meet the following criteria: a) Have completed one or more of the following:i) Hold a valid certification awarded by the Registry of Interpreters for the Deaf, Inc. (RID), except for Ed:K-12; orii) Hold a valid level IV or higher on the Interpreter Proficiency Certificate awarded by the National Association of the Deaf (NAD); oriii) Hold a valid level IV or higher in Interpreting or Transliterating on the Mid-America Quality Assurance Screening Test (QAST) awarded by the Nebraska Commission for the Deaf and Hard of Hearing; oriv) Hold a state certification or licensure that is substantially equivalent to one of the above and approved by the Full Commission Board; andb) Be 18 years of age or older; andc) Have documentation of a high school diploma or equivalent, or proof of higher education.004.02APPLICATION PROCESS FOR OBTAINING A VIDEO REMOTE INTERPRETING BUSINESS LICENSEAll Video Remote Interpreting business licenses shall expire on June 30 of even-numbered years unless revoked, suspended or cancelled prior to such date.
1) An applicant for a Video Remote Interpreting business license must submit the following to the Commission:a) A completed application supplied by the Commission. Incomplete applications will be returned; andb) A signed agreement stating compliance with 004.01 criteria, including all employed and contracted sign language interpreters' maintenance of certification levels, any applicable state license(s); andc) A roster of employed and contracted sign language interpreters; andd) The required license fee.2) Applicants who are denied a business license may appeal this action in accordance with section 004.08.004.03FEESAll fees shall be set by the Full Commission Board to be paid as a condition of issuance of a license pursuant to Neb. Rev. Stat. § 20-156.
004.03AVRI Business License An applicant for a Video Remote Interpreting business license must pay the required fee on a biennial basis to maintain licensure.
004.03BRenewal FeeAn applicant for renewal of a Video Remote Interpreting business license must pay the required fee on a biennial basis to maintain licensure.
004.03CLate FeeAn applicant for renewal of a Video Remote Interpreting business license who fails to pay the renewal fee on or before the expiration date of the license will have 30 calendar days to pay the required late fee in addition to the renewal fee. After 30 days, the license is revoked and the reinstatement fee applies.
004.03DDuplicate Original Business LicenseA request for a duplicate original business license will be granted with the payment of the required fee. This includes issuing a duplicate business license due to a name change.
004.03ECertified StatementA request for a certified statement that a business license holder is licensed by the state of Nebraska will be granted with the payment of the required fee.
004.03FReinstatement FeeAn applicant for reinstatement of a business license must pay a required reinstatement fee in addition to the renewal fee.
004.04PROCESS FOR VIDEO REMOTE INTERPRETING BUSINESS LICENSE RENEWAL004.04AExpiration DateAll Video Remote Interpreting business licenses shall expire on June 30 of even-numbered years unless revoked, suspended or cancelled prior to such date.
004.04BVideo Remote Interpreting Business License Renewal1) An applicant for renewal of a Video Remote Interpreting business license must submit to the Commission: a) A completed application supplied by the Commission. Incomplete applications will be returned; andb) A signed agreement stating compliance with 004.01 criteria, including all employed and contracted sign language interpreters' maintenance of certification levels, any applicable state license(s); andc) A roster of employed and contracted sign language interpreters; andd) The required license fee.2) Applicants who are denied renewal of a business license may appeal this action in accordance with section 004.08.004.05LICENSE EXPIRATION004.05AExpiration for Nonpayment of Renewal Fees1) If a business license holder fails to submit a completed application and the required renewal fee by the expiration date, a license expiration notice will be sent from the Commission. The notice will specify:a) That the business license holder has a right to appeal the expiration notice in accordance with section 004.08; andb) That the business license holder has a right to request reinstatement of the business license in accordance with section 004.07.004.06INVESTIGATING REPORTS OF POTENTIAL VIOLATIONSThis rule outlines the procedures for investigating reports of potential violations and taking disciplinary action against hiring entities, and licensed or unlicensed Video Remote Interpreting providers.
1) The Commission will acknowledge all reports of potential violations in writing within 10 business days after being received.2) Upon designation by the Full Commission Board, the Board will investigate any of the following: a) Reports alleging the use of an unlicensed Video Remote Interpreting provider by any hiring entity in violation of Neb. Rev. Stat. § 20-150 to § 20-159, or reports alleging the violation of the Rules and Regulations of the Commission.b) Reports alleging a licensed Video Remote Interpreting provider has violated any Neb. Rev. Stat. § 20-150 to § 20-159, § 71-4728 to § 71-4732, or of the Title 96 Rules and Regulations promulgated by the Commission pursuant to such sections, including rules and regulations governing unprofessional conduct.c) Reports alleging fraud, forgery, or misrepresentation of material facts in procuring or attempting to procure, or renewing or attempting to renew a business license; ord) Reports alleging unethical, unprofessional, dishonorable or grossly immoral conduct evidencing unfitness or lack of proficiency sufficient to meet the standards required for the practice of interpreting or transliterating; ore) Conviction(s) of a misdemeanor or felony under state law, federal law, or the law of another jurisdiction, which has rational connection with the license holder's renewal or fitness or capacity to provide Video Remote Interpreting services; orf) Reports of violating the terms of a probation should the Full Commission Board have placed the license holder on probation; org) Reports of employed or contracted interpreters committing any act of abusive behavior, misconduct or exploitation related to the practice of interpreting.004.06AEvaluation and Action1) The Board will investigate and evaluate reports of potential violations. In conducting an investigation, and prior to a formal hearing, the Board may, at its discretion, request the Video Remote Interpreting business that is under investigation answer the charges in writing or appear before the Board or its designee to voluntarily and informally discuss the alleged violation(s).a) The Board may obtain technical or investigatory assistance. All persons appointed to assist with investigating and hearing the matter shall report their findings, in writing, to the Board for final determination.b) In addition to being asked to answer charges in writing, the Video Remote Interpreting business under investigation and/or the complainant may request to meet with the Board designee and provide testimony in person.2) After the investigation is complete, the matter goes to the Board to determine their recommendation to the Full Commission Board. a) The Video Remote Interpreting business under investigation and/or the complainant may request to appear before the Board when the report of potential violation is reviewed in Executive Session.3) The Full Commission Board will evaluate the report of potential violation, the investigation and the Board recommendation. The Full Commission Board may, at its discretion, request the business under investigation and/or the complainant appear before the Full Commission Board and discuss the alleged violations. a) The business under investigation and/or the complainant may request to meet with the Full Commission Board and provide testimony in person.b) If the investigation reveals that there is not good cause to believe that the Video Remote Interpreting business has committed a violation of any Neb. Rev. Stat. § 20-150 to § 20-159, § 71-4728 to § 71-4732, or of the Title 96 Rules and Regulations promulgated by the Full Commission Board, the matter will be dismissed and no formal complaint will be initiated by the Full Commission Board; orc) If the investigation discloses a probability that the actions of the Video Remote Interpreting business under investigation constitutes a violation of any Neb. Rev. Stat. § 20-150 to § 20-159, § 71-4728 to § 71-4732, or of the Title 96 Rules and Regulations promulgated by the Full Commission Board, the Full Commission Board will proceed with possible disciplinary action. i) The Full Commission Board may enter into a consent agreement or negotiated settlement at any time before or after filing a formal complaint. Voluntary surrender or nonrenewal of a license to avoid or expedite enforcement or disciplinary action does not preclude any enforcement action or sanction for any alleged violation and will prohibit consideration for subsequent reinstatement.ii) A formal complaint may be filed and served on the Video Remote Interpreting business. Such formal complaint will specify the alleged violations being brought against the Video Remote Interpreting business and set forth in general terms the facts alleged to support the alleged violations.4) If the Full Commission Board decides to proceed with possible disciplinary action, the Executive Director will consult with the Nebraska Attorney General's office and will retain legal counsel to prosecute the disciplinary charges. A formal complaint will be prepared by the Attorney General's office, filed with the Commission and served on the Video Remote Interpreting business. Such formal complaint will specify the charges being brought against the Video Remote Interpreting business and set forth, in general terms, the alleged facts to support the charges. a) If the Video Remote Interpreting business does not wish to contest the allegation(s) within 15 days and request a formal hearing, the following will occur:i) The Full Commission Board will, by majority vote, make its final decision in the matter.b) If the Video Remote Interpreting business wishes to contest the allegation(s), a request for a formal hearing must be submitted in writing within 15 days to the Executive Director of the Commission.i) The Commission shall appoint a neutral hearing officer to schedule an evidentiary hearing within 30 days. The hearing officer will preside over all proceedings in the case until completion of the hearing and submission of the hearing officer's report and recommendations to the Commission and will also serve copies of such documents on the Video Remote Interpreting business and the attorney prosecuting the charges.ii) The Full Commission Board may, but is not required to, afford the Video Remote Interpreting business and the attorney prosecuting the matter for the Commission the opportunity to present written and/or oral arguments to it in response to the hearing officer's written findings of fact, conclusions of law and recommended decision. (1) The Full Commission Board will, by majority vote, make its final decision in the matter.5) Notice of the Full Commission Board's final decision will be served on the Video Remote Interpreting business or the Video Remote Interpreting business's attorney of record promptly after it is made. If the allegation(s) are substantiated, a disciplinary notice will be sent from the Commission. The disciplinary notice will specify: a) The specific grounds violated; andb) That the Full Commission Board has taken disciplinary action against the Video Remote Interpreting business, and the nature of the disciplinary action; andc) That the Video Remote Interpreting business has the right to appeal the disciplinary action in accordance with section 004.08; andd) That a previously licensed Video Remote Interpreting business has the right to request reinstatement of the license in accordance with section 004.07.6) Any entity aggrieved by the final Full Commission Board's decision in a contested case is entitled to judicial review in accordance with Neb. Rev. Stat. § 84-917.7) The procedure for formal hearings in contested disciplinary cases before the Full Commission Board shall be in accordance with Title 53, Nebraska Administrative Code, Chapter 4 of the Nebraska Department of Justice, which chapter is hereby adopted by the Commission for this purpose.004.06BTypes of Disciplinary Actions1) If the Full Commission Board determines that a licensed Video Remote Interpreting business or an applicant for business licensure has committed a violation of Neb. Rev. Stat. § 20-150 to § 20-159, § 71-4728 to § 71-4732, or of the Title 96 Rules and Regulations of the Commission, it may discipline the Video Remote Interpreting business by taking one or more of the following actions which includes, but is not limited to: a) Additional education requirementsd) Limit the type of practice2) If the Full Commission Board determines that an unlicensed Video Remote Interpreting business has committed a violation of Neb. Rev. Stat. § 20-150 to § 20-159, or of the Rules and Regulations of the Commission, the Full Commission Board may impose a civil penalty against the unlicensed Video Remote Interpreting business not to exceed $500 for each offense.3) Appeals will be conducted in accordance with section 004.08.004.07VIDEO REMOTE INTERPRETING BUSINESS LICENSE REINSTATEMENT1) A Video Remote Interpreting business that has not renewed their business license within 30 days after the expiration date has 2 years to submit the following: a) A completed reinstatement application supplied by the Commission. Incomplete applications will be returned; andb) A signed agreement stating compliance with 004.01 criteria, including all employed and contracted sign language interpreters' maintenance of certification(s), any applicable state license(s); andc) A roster of employed and contracted sign language interpreters; andd) The required fees; ande) A written statement, signed by the applicant, that contains the rationale for requesting reinstatement of the business license.2) An entity whose business license has been revoked, suspended, or refused renewal may seek reinstatement by submitting the following: a) A completed reinstatement application supplied by the Commission. Incomplete applications will be returned; andb) A signed agreement stating compliance with 004.01 criteria, including all employed and contracted sign language interpreters' maintenance of certification(s), any applicable state license(s); andc) A roster of employed and contracted sign language interpreters; andd) The required fees; ande) A written statement, signed by the applicant, that contains the rationale for requesting reinstatement of the Video Remote Interpreting business license.f) Evidence that the applicant has fulfilled all requirements of any disciplinary action and has met the requirements cited in 004.01.3) All reinstatement applications require Full Commission Board approval.4) If the Video Remote Interpreting business is denied reinstatement, a letter will be sent from the Commission. Applicants who are denied license reinstatement may appeal this action in accordance with section 004.08.5) The reinstatement fee is nonrefundable.004.08APPEAL RIGHTS FOR VIDEO REMOTE INTERPRETING BUSINESSES004.08AAppeal ProcedureThe procedure to appeal any decision made by the Full Commission Board shall be in accordance with Title 53, Nebraska Administrative Code, Chapter 4 of the Nebraska Department of Justice, which chapter is hereby adopted by the Commission for this purpose.
1) The procedure for Video Remote Interpreting businesses to appeal any administrative decision related to the denial of an initial application or renewal of a Video Remote Interpreting business license is as follows:a) Submit to the Executive Director a letter of appeal for the Full Commission Board's review.b) The Video Remote Interpreting business will be notified of the Full Commission Board's decision.2) The procedure for formal hearings in contested disciplinary cases before the Full Commission Board shall be in accordance with Title 53, Nebraska Administrative Code, Chapter 4 of the Nebraska Department of Justice, which chapter is hereby adopted by the Commission for this purpose.3) Any entity aggrieved by the final Full Commission Board's decision in a contested case is entitled to judicial review in accordance with Neb. Rev. Stat. § 84-917.4) All investigations or disciplinary actions that are not formally dismissed will be public information after a disposition has been determined by the Full Commission Board. The Full Commission Board and the Board will abide by Title 53, Nebraska Administrative Code, Chapter 4 of the Nebraska Department of Justice.96 Neb. Admin. Code, ch. 1, § 004
Amended effective 3/26/2020Amended effective 6/26/2021