Okla. Admin. Code § 612:10-13-23

Current through Vol. 42, No. 6, December 2, 2024

Section 612:10-13-23 - Formal hearing

(a) A formal hearing may be requested by the complainant or respondent by contacting the designated Oklahoma interpreter certification program official by written form. The hearing will be scheduled at a time and place convenient to all parties concerned. All parties will receive two weeks' notice of the hearing date.

(b) The complainant and/or respondent may invite a representative to attend during the proceedings. Either party may present witnesses or other written documentation related to any relevant aspect of the charge or defense. Parties must provide name of witnesses and other written documentation two weeks prior to the scheduled hearing date to the designated Oklahoma interpreter certification program official.

(c) The hearing will be conducted by a grievance panel selected by the Oklahoma interpreter certification program and the Department. With effort, at least one member must be deaf or hard of hearing; must be a former or current Oklahoma interpreter certification test evaluator and/or acknowledgeable and adhering to a form of Code of Ethics; with effort, one member must be an interpreter holding national or Oklahoma State Level V/V certification; with effort, one member will be selected at the discretion of Department and may be from a profession other than interpreting for the deaf, but must be knowledgeable of Code adhering to a form of Ethics. The panel will review information presented and make a determination based on facts. Based upon this determination, the panel can make recommendations for a course of appropriate action to the Oklahoma interpreter certification program official. Possible actions are set forth in (1) through (8) of this Subsection.

(1) The complaint be dismissed;

(2) A written warning be issued;

(3) A written reprimand be issued indicating unsatisfactory performance;

(4) Probation a trial period for a specific length of time during which the interpreter is required to fulfill a set of conditions to improve work performance or work behavior;

(5) Suspension - removal of the individual from the list of certified interpreters for a specified period of time, not to exceed six (6) months;

(6) Revocation - removal of the individual from the list of certified interpreters for an extended period or permanently;

(A) It must be determined and proven there was a severe violation against Code of Professional Conduct tenets, and/or

(B) ICRC Level of Limitations, and/or

(C) a malicious intent of harm, and/or

(D) disregarding or violation of any governing State or Federal Laws before a certification can be revoked.

(7) The complainant may be retested using a different evaluation team at no cost to the individual; and

(8) A recommended change in policy or procedures in the interpreter evaluation process.

(d) The recommended course of action submitted by the selected panel will be reviewed by the designated interpreter certification program official. The Oklahoma interpreter certification program official will notify parties involved in writing of the decision within thirty (30) days.

(e) If a party is dissatisfied with the outcome of a formal hearing, an appeal may be made to the Director of the Department of Rehabilitation Services, within fifteen (15) days of receiving the recommended decision. The Director shall have forty-five (45) days to render a decision. The Director's decision shall be final.

Okla. Admin. Code § 612:10-13-23

Added at 11 Ok Reg 2449, eff 7-1-94; Amended at 13 Ok Reg 2239, eff 8-1-96

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022