The opinion
OSCN Found Document:DISCIPLINARY RULES OF STATE BD. OF EXAMINERS OF CERTIFIED COURTROOM INTERPRETERS
OSCN navigation
Home
Courts
Court Dockets
Legal Research
Calendar
Help
Previous Case
Top Of Index
This Point in Index
Citationize
Next Case
Print Only
DISCIPLINARY RULES OF STATE BD. OF EXAMINERS OF CERTIFIED COURTROOM INTERPRETERS
2015 OK 3
Decided: 01/12/2015
THE SUPREME COURT OF THE STATE OF OKLAHOMA
Cite as: 2015 OK 3, __ P.3d __
NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION. UNTIL
RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.
IN RE: DISCIPLINARY RULES OF THE STATE BOARD OF EXAMINERS OF
CERTIFIED COURTROOM INTERPRETERS
ORDER
The Supreme Court of Oklahoma hereby adopts the Disciplinary Rules of the
State Board of Examiners of Certified Courtroom Interpreters, submitted to this
Court with the unanimous approval of the Board of Examiners of Certified
Courtroom Interpreters and set out in the attachment hereto. These rules shall
be codified as Rules 1 - 11 in a new appendix to Chapter 23 of Title 20 of the
Oklahoma Statutes which concerns courtroom interpreters and translators.
DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 12th DAY OF JANUARY,
2015.
/S/CHIEF JUSTICE
REIF, C.J., COMBS, V.C.J., KAUGER, WATT, WINCHESTER, EDMONDSON, COLBERT, and
GURICH, JJ., concur.
TAYLOR, J., dissents.
TITLE 20 - Courts
CHAPTER 23 - Certified Courtroom Interpreters
Appendix 3 - Rules Governing Disciplinary Proceedings of the State Board
of Examiners of Certified Courtroom Interpreters
Rule 1. Persons to Whom Rules Apply
Rule 2. Grounds for Discipline
Rule 3. Administrative Suspension and Revocation
Rule 4. Complaints
Rule 5. Formal Proceedings, How Commenced
Rule 6. Disciplinary Hearings
Rule 7. Transmittal of Recommendation and Review by Supreme Court
Rule 8. Resignation Pending Disciplinary Proceedings
Rule 9. Reinstatement After Formal Disciplinary Proceedings
Rule 10. Reinstatement After Administrative Revocation
Rule 11. Immunity
TITLE 20, CHAPTER 23
Appendix 3 - Rules Governing Disciplinary Proceedings of the State Board
of Examiners Certified Courtroom Interpreters
Rule 1. Persons to Whom Rules Apply
a) These rules shall apply to all persons who are enrolled as Certified or
Registered Courtroom Interpreters, or who have been granted the temporary
credential of Provisional Status Interpreters under the rules of the Board of
Examiners of Certified Courtroom Interpreters (hereinafter "the Board") (20 O.S.
Ch. 23, App. 2). All of the foregoing persons are collectively referred to in
these rules as "interpreters" or "courtroom interpreters" and use herein of the
terms "certificate" or "enrollment" shall also collectively refer to a court
interpreter's status as a Certified Courtroom Interpreter or Registered
Courtroom Interpreter or other official authorization to practice court
interpreting in Oklahoma.
b) The Board designates and authorizes the Director of the Administrative
Office of the Courts to receive and accept on behalf of the Board any notice,
submission or other correspondence referenced in these Rules.
Rule 2. Grounds for Discipline
Upon receiving a complaint, or as otherwise hereafter provided, the Board
shall conduct proceedings, on reasonable notice, the object of which is to
recommend to the Supreme Court discipline of any courtroom interpreter, where it
shall be determined there exists any of the following grounds:
a) Final conviction of a criminal offense which indicates a clear and
rational likelihood that the interpreter will not properly discharge the
responsibilities of a certified courtroom interpreter;
1) As used in this Rule, "criminal offense" shall include, but is not
limited to i) any felony, ii) any lesser crime that reflects adversely on
the interpreter's honesty, trustworthiness or fitness to practice court
interpreting, and/or iii) any crime a necessary element of which, as
determined by the statutory or common law definition of the crime, involves
interference with the administration of justice, false swearing,
misrepresentation, fraud, deceit, bribery, extortion, misappropriation,
theft, or an attempt, conspiracy or solicitation of another to commit a such
an offense.
2) As used in this Rule, a final conviction includes a plea of guilty or
nolo contendere pursuant to a deferred sentence plea agreement, a verdict or
finding of guilt, or pronouncement of sentence by a trial court even though
that conviction may not be final or sentence may not be actually imposed
until all appeals are exhausted.
b) The misrepresentation of any fact in obtaining certification;
c) Any
violation of, or noncompliance with any rule or directive of the Supreme Court,
including but not limited to the Code of Professional Responsibility for
Interpreters in the Oklahoma Courts;
d) Fraud, gross incompetence, gross or
habitual neglect of duty;
e) Misrepresentation of certification level or
status while engaging in the practice of courtroom interpreting or translating
in an Oklahoma court; or
f) Engaging in the practice of courtroom
interpreting in an Oklahoma court while certification is suspended.
Rule 3. Administrative Suspension and Revocation
Administrative suspension and revocation of an interpreter for nonpayment of
certificate renewal fees or failure to meet continuing education requirements
shall be as provided in the Rules of the State Board of Examiners of Certified
Courtroom Interpreters. The formal disciplinary procedures provided for by these
rules have no application to suspensions and revocations based solely on
nonpayment of renewal fees or failure to meet continuing education
requirements.
Rule 4. Complaints
a) The procedure for filing a complaint against a Certified Courtroom
Interpreter or a Registered Courtroom Interpreter and the investigation of such
complaint shall be as follows:
1) The Board shall furnish forms for a request for investigation to each
person who alleges misconduct of an interpreter. Each complaint shall be in
writing, although not necessarily in the prescribed form, and signed by the
complainant. A complaint may be filed by any person, including another
interpreter, who has knowledge or information of misconduct of an
interpreter. The Board may initiate a complaint upon its own motion.
2) A complaint shall be filed with the Secretary of the Board, who shall
transmit copies to all members of the Board. The Board shall conduct
preliminary investigation to determine whether there are facts sufficient to
warrant formal disciplinary proceedings.
i) The Board may solicit additional information from the
complainant.
ii) The Board may interview or subpoena potential
witnesses.
iii) The Board shall inform the interpreter involved of the
nature of the complaint and afford the interpreter an opportunity to respond
thereto in writing.
3) At the discretion of the Board, in order to speed the consideration
and determination of complaints and controversies which may not justify or
require more formal proceedings, the Board may hold an informal conference
with the party or parties affected. Thereafter the Board as a body, or any
designated member, or representative thereof, shall attempt to resolve the
controversy in an equitable manner. Such proceedings shall be without
prejudice to the right of the Board thereafter to conduct formal
disciplinary proceedings covering the same or related subject matter as set
forth in Rule 5 and Rule 6 herein.
4) Should the Board determine that formal disciplinary proceedings are
not warranted, the complainant and the interpreter involved shall be
promptly notified of such determination by the Secretary of the Board. Such
determination may be appealed by the complainant by filing a Petition for
Review with the Clerk of the Supreme Court not more than thirty (30) days
from the date of the Board's decision. Such petition shall be processed by
the Court as in other appeals from recommendations of the Board as
hereinafter provided.
5) Should the Board determine that formal disciplinary proceedings are
warranted, the Secretary of the Board shall prepare a formal complaint, as
set forth in Rule 5.
b) The procedure for filing a complaint against a Provisional Status
Interpreter and the investigation of such complaint shall be as follows:
1) The Board shall furnish forms for a request for investigation to each
person who alleges misconduct of a Provisional Status Interpreter. Each
complaint shall be in writing, although not necessarily in the prescribed
form, and signed by the complainant. A complaint may be filed by any person,
including another interpreter, who has knowledge or information of
misconduct of a Provisional Status Interpreter. The Board may initiate a
complaint upon its own motion.
2) A complaint shall be filed with the Secretary of the Board, who shall
transmit copies to all members of the Board. The Board shall conduct an
investigation to determine whether there are facts sufficient to warrant
disciplinary action.
i) The Board may solicit additional information from the
complainant.
ii) The Board may interview or subpoena potential
witnesses.
iii) The Board shall inform the interpreter involved of the
nature of the complaint and afford the interpreter an opportunity to respond
thereto in writing.
3) Formal disciplinary proceedings are not required in complaints against
Provisional Status Interpreters. Provisional Status Interpreters are not
enrolled, they do not hold an official certification, and the amount of time
an interpreter may hold provisional status is limited as provided in Rule
2(c) of the Rules of Board of Examiners of Certified Courtroom
Interpreters.
4) Upon receipt of a complaint regarding a Provisional Status
Interpreter, the Board may hold an informal conference with the party or
parties affected. Thereafter the Board as a body, or any designated member,
or representative thereof, shall attempt to resolve the controversy in an
equitable manner. Such proceedings shall be without prejudice to the right
of the Board thereafter to conduct a formal hearing covering the same or
related subject matter generally following the requirements and order of
proceedings set forth in Rule 6 herein.
5) Should the Board determine that disciplinary action is not warranted,
the complainant and the interpreter involved shall be promptly notified of
such determination by the Secretary of the Board.
6) Disciplinary action against a Provisional Status Interpreter shall
consist of immediate removal from the Provisional Interpreter registry and
revocation of the interpreter's provisional status. The Board may recommend
that the Supreme Court remove a Provisional Status Interpreter from the
registry and revoke the interpreter's provisional status if the Board
determines that such action would be in the best interest of the courts.
7) Should the Board determine that removal of a Provisional Status
Interpreter from the registry is warranted, the Board shall make a written
recommendation to the Supreme Court to immediately remove the Provisional
Status Interpreter from the Provisional Interpreter registry, based upon the
information gathered during its investigation as provided above. The
complainant and the interpreter involved shall be promptly notified of such
determination by the Secretary of the Board.
8) Upon submission of the Board's recommendation, the Board's
recommendation shall stand submitted to the Supreme Court which may, in its
sole discretion, adopt or reject such recommendations in whole or in part,
remand with instructions, or make such other disposition as the Supreme
Court may deem proper, with or without oral argument or formal written
opinion. Either party aggrieved by the decision of the Supreme Court may
make application for rehearing as provided by the Rules of the Supreme
Court.
c) The Board shall obtain legal assistance from the Office of the Attorney
General in investigating and processing complaints and conducting formal
disciplinary proceedings, reinstatements after formal disciplinary proceedings,
and any appeals related to such matters. The Office of the Attorney General is
authorized to provide counsel and legal representation to the Board as is
necessary to investigate and process complaints and to prepare and prosecute
formal disciplinary proceedings, reinstatements after formal disciplinary
proceedings, and related appeals authorized by these Rules.
Rule 5. Formal Proceedings, How Commenced
a) Upon an affirmative vote of the Board to commence formal disciplinary
proceedings, the Secretary of the Board shall prepare a formal complaint. The
formal complaint shall be styled:
BEFORE THE STATE BOARD OF EXAMINERS OF CERTIFIED COURTROOM
INTERPRETERS
The State of Oklahoma ex rel. State Board
Of Examiners of
Certified Courtroom Interpreters,
Complainant,
___________________ No.
v.
(Name of
Accused),
Respondent,
COMPLAINT
b) The complaint shall state the specific facts constituting the alleged
misconduct, whether prior misconduct has resulted in discipline, and whether
prior investigations of misconduct are to be relied upon to enhance discipline.
Any prior acts or conduct relied upon to enhance discipline shall be so stated
and set forth by specific allegation of fact. The complaint shall be attested by
the Chairman of the Board.
c) Should the complaint allege as grounds for discipline the final conviction
of an interpreter, in any jurisdiction, of a criminal offense which indicates a
clear and rational likelihood that the interpreter will not properly discharge
his or her duties and responsibilities as a certified courtroom interpreter,
there shall be attached thereto a certified copy of the indictment or
information, and a certified copy of the judgment and sentence on a plea of
guilty, order deferring judgment and sentence, or judgment and sentence of
conviction. Such documents, regardless of the pendency of an appeal, shall
constitute the charge and be conclusive evidence of the commission of the crime
upon which the judgment is based and shall suffice as the basis for discipline
in accordance with these rules. Thereafter, the issues in a formal proceeding
shall be limited to whether the conviction demonstrates a clear and rational
likelihood that the interpreter will not properly discharge his or her duties
and responsibilities, and the nature and extent of discipline to be imposed.
1) If an appeal is perfected from the judgment of conviction and such
judgment is reversed, the disciplinary proceedings based on such conviction
shall be dismissed immediately and the interpreter involved restored to
his/her former status.
2) Conviction in a criminal proceeding is not a condition precedent to
the imposition of discipline. Nothing contained herein shall prevent the
Board from initiating and conducting formal disciplinary proceedings upon
charges identical to those set forth in a criminal complaint, indictment, or
information, notwithstanding the pendency or final disposition of the
criminal action.
d) The Secretary of the Board shall cause the complaint together with notice
of a hearing before the Board thereon to be sent to the interpreter involved.
The hearing before the Board shall be set no earlier than thirty (30) days from
the date of mailing of the complaint and notice. The Chairman of the Board may,
in his or her discretion, grant continuances for good cause known.
e) Upon receipt of sufficient evidence that an interpreter has engaged in
conduct indicating that he or she is unfit to practice courtroom interpreting,
and where such conduct poses an immediate threat of public harm, the Board may,
in its discretion, request the Supreme Court to order the immediate interim
suspension of that interpreter. In its order of interim suspension, the Court
shall direct the interpreter to appear before the Board at a time certain, to
show cause why the order of interim suspension should be set aside. Upon good
cause shown, the Board may request the Court to set aside its order of interim
suspension when it appears to be in the interest of justice to do so, with due
regard being given to maintaining the integrity of and confidence in the
courtroom interpreting profession.
f) Upon written request made not less than fifteen (15) days prior to the
hearing date, the interpreter respondent shall be provided with a list of all
witnesses the Board reasonably anticipates may be called to testify at the
hearing and copies of all documentary evidence supporting the allegations of the
complaint. These will be provided by Board, or by the Attorney General or an
Assistant Attorney General, not less than ten (10) days prior to the hearing
date. The interpreter respondent, not less than five (5) days prior to the
hearing, shall submit a list of all witnesses the respondent anticipates may be
called to testify at the hearing and all documentary evidence the interpreter
intends to introduce as evidence in defense of the charges in the complaint or
as to mitigation of discipline. The Board may in its discretion and for good
cause shown modify the time limits herein imposed.
Rule 6. Disciplinary Hearings
a) The Board, under signature of the Chairman on behalf of the Board,
shall have power to issue subpoenas to compel the attendance of witnesses on
behalf of the State or the interpreter involved.
b) The Chairman shall preside over formal disciplinary hearings and, if
necessary, rule on questions of procedure. Disciplinary hearings shall be
conducted in an orderly manner, generally following the order of proceedings in
civil matters. However, the formal rules of evidence and civil procedure shall
not apply to disciplinary hearings before the Board. Any evidence offered on
behalf of the complainant or the interpreter respondent shall be received and
considered unless clearly irrelevant to the proceedings. The interpreter shall
have the right to appear personally or through counsel, cross examine witnesses
and present evidence on his/her own behalf. The Board or the respondent may
request that a complete stenographic record of formal disciplinary hearings
before the Board be kept. The complainant shall have the burden of persuasion on
the material elements of the complaint. Hearings may be adjourned or continued
to a date certain as the Board in its discretion shall decide.
c) All disciplinary proceedings before the Board shall be open to the public,
except that the Board, when acting in its capacity as a quasi-judicial body, may
close the meeting to the public for purposes of deliberations only. All votes of
the Board regarding disciplinary matters shall be publicly cast and
recorded.
d) The Board shall issue a written report with findings of fact and
conclusions of law as applicable, and its recommendation to the Supreme Court
for or against discipline. The written report of the Board shall reflect the
votes of the members for or against the Board's recommendation. Disciplinary
action against a Registered or Certified Courtroom Interpreter shall consist of
either:
1) Suspension for a period of time up to one (1) year; or
2) Revocation of
the enrollment of a Registered or Certified Courtroom Interpreter.
e) The Board shall issue its written report and recommendation within fifteen
(15) days from the conclusion of the hearing. The written report and
recommendation of the Board shall be immediately transmitted to the interpreter,
by hand-delivery or by mailing it or sending it by third-party commercial
carrier for delivery within three (3) calendar days. Proof of service shall be
documented, and may be made by a certificate of mailing endorsed on the written
report.
Rule 7. Transmittal of Recommendation and Review by Supreme Court
a) Within forty-five (45) days after the date of the hearing, the
Board shall file with the Clerk of the Supreme Court the complete record of the
proceedings, which shall consist of the following:
1) The complaint;
2) The Board's written report and recommendation for or
against disciplinary action, and proof of service thereof;
3) All other
pleadings, if any;
4) A transcript of the formal disciplinary hearing, if a
stenographic recording was made; and
5) All exhibits offered at the
hearing.
b) Unless ordered by the Supreme Court, a designation of record will not be
required to accompany the materials filed by the Board. An extension of time for
preparation of the record may be granted only by order of the Supreme Court, for
good cause shown. The Secretary of the Board shall promptly notify the
interpreter respondent and the complainant of the completion and transmittal of
the record.
c) Either the complainant or the interpreter may, within twenty (20) days of
receipt of notice of completion and transmittal of the record, file a
brief-in-chief contesting the Board's recommendation or any part thereof. An
answer brief may be filed within ten (10) days after the filing of
brief-in-chief. A reply brief may be filed within five (5) days after filing of
the answer brief.
d) After filing of briefs, if any, the report and recommendations of the
Board shall stand submitted to the Supreme Court which may, in its sole
discretion, adopt or reject such recommendations in whole or in part, remand
with instructions, or make such other disposition as the Supreme Court may deem
proper, with or without oral argument or formal written opinion. Either party
aggrieved by the decision of the Supreme Court may make application for
rehearing as provided by the Rules of the Supreme Court.
e) During the pendency of a formal disciplinary proceeding, if an interpreter
allows his or her certificate to be administratively revoked for failure to
satisfy renewal or continuing education requirements, such revocation shall be
deemed to be equivalent to a resignation pending disciplinary proceeding as
provided in Rule 8. Upon such revocation, the Board may elect to discontinue
further action in the formal disciplinary proceeding. If the matter has been
submitted to the Supreme Court, the Board shall file a notice with the Clerk of
the Supreme Court advising of the administrative revocation.
Rule 8. Resignation Pending Disciplinary Proceedings
a) An interpreter who is the subject of an investigation or
a pending disciplinary proceeding may resign from enrollment as a Registered or
Certified Courtroom Interpreter, and thereby relinquish the right to engage in
courtroom interpreting in this state, by delivering to the Board a signed
affidavit stating that the interpreter desires to resign and that:
1) The resignation is freely and voluntarily rendered, the interpreter is
not subject to coercion or duress, and the interpreter is fully aware of the
consequences of submitting the resignation;
2) The interpreter is aware
that there is presently pending an investigation into, or a proceeding
involving, allegations that there exist grounds for discipline, specifying
particularly the misconduct alleged; and
3) The interpreter understands
that no application for reinstatement may be filed prior to the lapse of
five (5) years from the effective date of the
resignation.
b) Upon receipt of the required affidavit, the Board shall deliver it to the
Chief Justice, or if a formal disciplinary proceeding case file has been opened,
file it with the Clerk of the Supreme Court, and the Supreme Court may enter an
order approving the resignation pending disciplinary proceedings. An interpreter
who so resigns shall not be permitted to apply for reinstatement until five (5)
years have lapsed from the effective date of the resignation, and subject to the
requirements of Rule 9 of the Rules Governing Disciplinary Proceedings.
Rule 9. Reinstatement After Formal Disciplinary Proceedings
a) Any interpreter who, as a result of formal disciplinary
proceedings, has been suspended by order of the Supreme Court for a period of
one (1) year or less may apply to have his/her certificate reinstated without
further proceedings before the Board by filing a verified application with the
Secretary of the Board which shall state:
1) That the term of the suspension as ordered by the decision of the
Supreme Court has expired;
2) That all costs of the formal disciplinary
proceedings, including transcript costs, as well as renewal fees, have been
paid by the applicant;
3) That there is not currently pending before the
Board any complaint of misconduct against the applicant, and;
4) That the
applicant has not engaged in the practice of court interpreting during the
term of suspension.
b) Any interpreter who, as a result of formal disciplinary proceedings, has
had his/her enrollment revoked by order of the Supreme Court, or who resigned
enrollment pending disciplinary proceedings pursuant to Rule 8, may seek
reinstatement by filing a verified application with the Secretary of the Board
which shall state:
1) The applicant's current home and business address, together with a
narrative of his/her residence and employment history during the period of
revocation or resignation;
2) That the applicant has not, during the
period of his/her revocation or resignation, been finally convicted of a
criminal offense which indicates a clear and rational likelihood that the
interpreter will not properly discharge the responsibilities of a certified
courtroom interpreter;
3) The names of at least five (5) persons who will
testify as to the good moral character of the applicant;
4) That the
applicant has paid all costs of the disciplinary proceedings resulting in
his/her discipline or resignation, all renewal fees and/or penalty fees due
but unpaid at the time of revocation or resignation, and will pay all costs
attendant to processing of his/her application for reinstatement;
5) That
the applicant has not engaged in the practice of courtroom interpreting in
the Oklahoma courts during the term of revocation or resignation; and
6)
That the applicant continues to possess the necessary skills and
qualifications for practice in the profession by furnishing evidence that,
within the two (2) years prior to the application for reinstatement, the
applicant:
i) Has been actively certified in another state or federal
court and has regularly provided professional services as a courtroom
interpreter totaling no fewer than 120 hours interpreting in the courtroom
setting; or
ii) Has taken and successfully passed the
following:
1) If applying for reinstatement as a Registered Courtroom Interpreter,
the NCSC Court Interpreter Written Examination and the foreign language
basic proficiency assessment, or
2) If applying for reinstatement as a
Certified Courtroom Interpreter, the NCSC Court Interpreter Oral
Examination.
c) No application for reinstatement shall be permitted after resignation
pending investigation or disciplinary proceedings until five (5) years have
lapsed from the effective date of the order of the Court accepting the
resignation, nor shall any applicant be permitted to file an application for
reinstatement within one (1) year after the Supreme Court has denied an earlier
application.
d) Upon receipt of an application for reinstatement pursuant to paragraph b,
the Secretary of the Board shall transmit copies of said application to all
members of the Board, and shall cause said application to be set for hearing
before the Board. Notice of hearing on the application shall be sent to the
applicant and shall be published in the Oklahoma Bar Journal and in a newspaper
of general circulation in the county of the residence of the applicant and, if
different, also in the county of the applicant's residence at the time of
his/her cancellation or revocation. The cost of such publication shall be
included in the costs to be paid by the applicant. Said notice shall be
published in one (1) issue of each such periodical and shall advise interested
persons when and where the hearing will be conducted.
e) The Board shall conduct a full hearing on the reinstatement application in
the same manner as in conducting hearings on formal disciplinary complaints. The
Board shall make a written report with findings of fact and conclusions of law
as applicable and its recommendation to the Supreme Court for or against
reinstatement. The written report of the Board shall reflect the votes of the
members for or against the Board's recommendation.
f) The written report and recommendation of the Board shall be immediately
transmitted to the interpreter involved, by hand-delivery or by mailing it or
sending it by third-party commercial carrier for delivery within three (3)
calendar days. Proof of service shall be documented, and may be made by a
certificate of mailing endorsed on the written report and recommendation.
g) Within forty-five (45) days after the date of the hearing, the Board shall
deliver to the Chief Justice of the Supreme Court the complete record of the
reinstatement proceedings, which shall consist of the following:
1) The reinstatement application and any attachments;
2) The Board's
written report and recommendation for or against reinstatement, and proof of
service thereof;
3) A transcript of the reinstatement hearing, if a
stenographic recording was made; and
4) All exhibits offered at the
hearing.
h) Unless ordered by the Chief Justice, a designation of record will not be
required. An extension of time for preparation of the record may be granted only
by order of the Chief Justice, for good cause shown. The Secretary of the Board
shall promptly notify the interpreter applying for reinstatement of the
completion and transmittal of the record.
i) After completion and transmittal of the record, the report and
recommendations of the Board shall stand submitted to the Supreme Court which
may, in its sole discretion, adopt or reject such recommendations in whole or in
part, remand with instructions, request briefs from the parties, or make such
other disposition as the Supreme Court may deem proper, with or without oral
argument or formal written opinion. Either party aggrieved by the decision of
the Supreme Court may make application for rehearing as provided by the Rules of
the Supreme Court.
j) Material deletions or misrepresentations in an application for
reinstatement, or any related proceedings, shall be grounds for rejection of the
application and/or further discipline.
Rule 10. Reinstatement After Administrative Revocation
a) An interpreter who, due to failure to pay certificate renewal fees or
obtain the required hours of continuing education, has had his/her enrollment
administratively revoked for a period of one (1) year or less may apply to have
his/her certificate reinstated without further proceedings before the Board by
filing a verified application with the Secretary of the Board, and a copy
thereof with the Clerk of the Supreme Court, which shall demonstrate:
1) That the applicant has paid any certificate renewal fee, delinquent
payment fee, continuing education penalty fee, or continuing education
suspension fee that was accrued on the date of the administrative
revocation;
2) That there is not currently pending before the Board any
complaint of misconduct against the applicant;
3) That the applicant has
not engaged in the practice of courtroom interpreting in the Oklahoma courts
during the term of revocation, and;
4) That the applicant has paid a
reinstatement fee in an amount determined by the Board and approved by the
Supreme Court.
b) An interpreter who, due to failure to pay certificate renewal fees or
obtain the required hours of continuing education, has had his/her enrollment
administratively revoked for a period longer than one (1) year may apply to be
reinstated without further proceedings before the Board by filing a verified
application with the Secretary of the Board which shall demonstrate:
1) That the applicant has paid any certificate renewal fee, delinquent
payment fee, continuing education penalty fee, or continuing education
suspension fee that was accrued on the date of the administrative
revocation;
2) That there is not currently pending before the Board any
complaint of misconduct against the applicant;
3) That the applicant has
not engaged in the practice of courtroom interpreting in the Oklahoma courts
during the term of revocation,
4) That the applicant has paid a
reinstatement fee in an amount determined by the Board and approved by the
Supreme Court; and
5) That the applicant continues to possess the
necessary skills and qualifications for practice in the profession by
furnishing evidence that, within twenty-four (24) months prior to the
application for reinstatement, the applicant:
i) Has been certified in another state or federal court and has regularly
provided professional services as a courtroom interpreter totaling no fewer
than approximately 120 hours interpreting in the courtroom setting;
or
ii) Has taken and successfully passed the following:
1) If applying
for reinstatement as a Registered Courtroom Interpreter, the NCSC Court
Interpreter Written Examination and the foreign language basic proficiency
assessment, or
2) If applying for reinstatement as a Certified Courtroom
Interpreter, the NCSC Court Interpreter Oral
Examination.
Rule 11. Immunity
The members of the Board, the Administrative Director of the Courts, the
Administrative Office of the Courts, and their agents and employees who
participate in the enforcement of these Rules and/or the administration of
Oklahoma's Certified Courtroom Interpreter program, shall be considered as
acting officially as an arm of the Supreme Court of the State of Oklahoma, and
shall enjoy immunity from civil liability to the fullest extent recognized by
federal and state law.
Citationizer © Summary of Documents Citing This Document
Cite
Name
Level
None Found.
Citationizer: Table of Authority
Cite
Name
Level
None Found.