Current through Register Vol. 54, No. 50, December 14, 2024
Section 405 - Disciplinary Dispositions(a) Burden of Proof.-If the hearing officer finds that there is clear and convincing evidence that the interpreter has violated the interpreter Rules of Professional Conduct for Judiciary Interpreters, or that there are any other grounds for discipline as stated in § 402 (relating to suspension or revocation of certification and roster status), the hearing officer shall impose such discipline or sanctions as he or she may deem appropriate. In determining the type of sanction, the hearing officer shall consider the nature and seriousness of the violation, any pattern of improper activity, the effect of the improper activity on the court system and/or the complainant, the amount of experience of the interpreter, and any other mitigating or aggravating information presented.(b) Notification.-All decisions of the hearing officer shall be in writing and maintained on file with the ICP and, if adverse to the interpreter, shall contain factual findings supporting the decision. A copy of the decision shall be sent to the interpreter via certified United States Mail to the latest address listed with the ICP and by mail to the complainant.(c) Sanctions.-Sanctions may consist of, but are not limited to, one or more of the following: (i) issuing a private or public reprimand;(ii) requiring that specific remedial education courses be taken;(iii) requiring that one or more portions of the certification examination or the certification requirements be successfully taken or retaken;(iv) requiring that the interpreter's work be supervised;(v) limiting the scope of practice or services the interpreter can provide;(vi) placing the interpreter at a lower qualification or skill level on the roster;(vii) requiring restitution, costs, or expenses to be paid;(viii) suspension of certification and/or roster status for a period not to exceed one year; or(ix) revocation of certification or roster status.The provisions of this § 405 amended November 22, 2021, effective 1/1/2022, 51 Pa.B. 7415.