Section .0100 - General Provisions

Link to law: http://reports.oah.state.nc.us/ncac/title 21 - occupational licensing boards and commissions/chapter 25 - interpreter and transliterator board/chapter 25 rules.html
Published: 2015

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CHAPTER 25 – INTERPRETER AND TRANSLITERATOR BOARD

 

SECTION .0100 - GENERAL PROVISIONS

 

21 NCAC 25 .0101             DEFINITIONS

(a)  The definitions in G.S. 90D-3 apply to the rules in

this Chapter.

(b)  The following definitions also apply to the rules in

this Chapter:

(1)           "Applicant" means any person

applying to the Board for any license under G.S. 90D.

(2)           "Consumer" means any person who

retains or uses the services of an interpreter or transliterator.

(3)           "Continuing Education" means

post-licensure education that maintains or enhances the knowledge and skills of

interpreters and transliterators and enables them to continue to render

competent professional services.

(4)           "Continuing Education Unit" means

the unit of measurement of the continuing education completed by a licensee

during a licensure year.  In the case of workshops and conferences, 10 clock

hours of training equal one continuing education unit ("CEU").  In

the case of college class work, one hour of college credit in the quarter

system equals one CEU and one hour of college credit in the semester system

equals 1.5 CEUs.

(5)           "Convicted" or "Conviction"

means and includes the entry of:

(A)          a plea of no contest, nolo contendere, or the

equivalent;

(B)          a plea of guilty; or

(C)          a verdict or finding of guilt by a jury, judge, or

magistrate;

in any duly constituted,

established, and recognized civilian or military adjudicating body, court, or

tribunal in this State or any other state or nation;

(6)           "Felony" means any offense

classified as a felony by the laws, statutes, or ordinances of the jurisdiction

in which the offense occurred or, absent any such classification, any offense

for which the maximum punishment under the laws, statutes, or ordinances of the

jurisdiction in which the offense occurred includes imprisonment for a term of

more than two years.

(7)           "Full license" means a license

issued pursuant to G.S. 90D-7 or S.L. 2002-182, s. 7 (as amended by S.L.

2003-56) that is not currently suspended for disciplinary reasons.  A license

that has been suspended is not a full license even if the suspension has been

stayed.

(8)           "General Studies" means those

studies of the arts, sciences, and humanities that are not directly related to

interpreting and transliterating. 

(9)           "Initial license" means the

license issued to an applicant under G.S. 90D-7 or S.L. 2002-182, s. 7 (as

amended by S.L. 2003-56) or the license issued to an applicant under G.S. 90D-7

or S.L. 2002-182, s. 7 (as amended by S.L. 2003-56) after a lapse in licensure.

(10)         "Initial provisional license"

means the provisional license issued to an applicant under G.S. 90D-8(a).  A

licensee shall acquire only one initial provisional license during his or her

lifetime.

(11)         "Misdemeanor" means any criminal

offense not classified as a felony by the laws, statutes, or ordinances of the

jurisdiction in which the offense occurred or, absent any such classification,

any offense for which the maximum allowable punishment under the laws,

statutes, or ordinances of the jurisdiction in which the offense occurred

includes imprisonment for a term of no more than two years. No traffic offense

in any foreign jurisdiction shall be considered a misdemeanor if the offense

has been de-criminalized under the motor vehicle laws of North Carolina.  

(12)         "Professional Studies" means those

studies that directly enhance a licensee's ability to interpret or

transliterate.  Professional studies are divided into:

(A)          Linguistic and Cultural Studies, which include the

study of languages and linguistic systems and the study of specific cultures;

(B)          Theoretical and Experiential Studies, which include

the study of the process of interpreting, the study of transliterating theory,

and participation in skill-building activities; and

(C)          Specialization Studies, which include the study of

the issues and problems unique to interpreting and transliterating for the

legal, medical, mental health, and substance abuse recovery professions.

 

History Note:        Authority G.S. 90D-6;

Eff. March 21, 2005.21 NCAC 25 .0102 MAILING

LIST

(a)  Any person may ask to be placed on the Board's mailing

list for a period of 12 months by delivering a written request to the Board. 

The request shall include:

(1)           The person's name, address, telephone

number, fax number, and email address;

(2)           Whether the person wants to receive notice

of:

(A)          Public meetings;

(B)          Public hearings;

(C)          Rule-making;

(D)          Declaratory ruling requests;

(E)           Disciplinary hearings; or

(F)           Any two or more of the above;

(3)           Whether the person will accept such notice

via e-mail;

(4)           The person's signature; and

(5)           A cashier's check, certified check or money

order made payable to the North Carolina Interpreter and Transliterator

Licensing Board in the amount of ten dollars ($10.00) (all persons other than

the media).

(b)  A request to be placed on the Board's mailing list must

be renewed annually by the submission of a new written request and an

additional cashier's check, certified check or money order made payable to the

North Carolina Interpreter and Transliterator Licensing Board in the amount of

ten dollars ($10.00) (all persons other than the media).

 

History Note:        Authority G.S. 90D-6; 143-318.12(b)(2);

150B-20(a);

Eff. March 21, 2005.

 

21 NCAC 25 .0103             CONTACT INFORMATION

(a)  The Board's mailing address is: PO Box 1632, Garner, NC 27529.

(b)  The Board's e-mail address is: contact@ncitlb.org

(c)  The Board's telephone number is: 919-779-5709.

(d)  The Board's fax number is: 919-779-5642.

 

History Note:        Authority G.S. 90D-6;

Eff. March 21, 2005.

 

SECTION .0200 – LICENSING

 

21 NCAC 25 .0201             THE APPLICATION

The license application may ask the applicant to provide

some or all of the following information:

(1)           All names ever used by the applicant;

(2)           The date, city, county, state, and nation of the applicant's

birth;

(3)           The applicant's social security number, as required

by G.S. 93B-14;

(4)           All home street and post office addresses used by

the applicant over the previous five years;

(5)           The applicant's current home and work telephone and

fax numbers;

(6)           The applicant's current home and work email

addresses;

(7)           The applicant's educational history, including but

not limited to, the applicant’s continuing education history;

(8)           The applicant's work history;

(9)           The history of the applicant's licensure,

registration, certification, or classification as an interpreter or

transliterator in this or any other state;

(10)         The history of any complaints filed against the

applicant before any body that has licensed, registered, certified, or

classified the applicant as an interpreter or transliterator;

(11)         The history of any civil suits arising out of the

applicant's performance as an interpreter or transliterator;

(12)         The applicant's criminal record;

(13)         Any and all information needed by the N.C.

Department of Justice to obtain State and federal criminal record checks; and

(14)         Any other information necessary to confirm the

applicant's eligibility for licensure.

 

History Note:        Authority G.S. 90D-6; 90D-7; 90D-8;

90D-9; 90D-11;

Eff. March 21, 2005.

 

21

NCAC 25 .0202             THE APPLICATION PACKAGE

(a)  An applicant for licensure shall submit the following

materials to the Board:

(1)           A completed, signed, and dated application

in the format provided by the Board;

(2)           A clear, two-inch by two-inch, passport-style

photograph of the head and shoulders of the applicant, made within two years of

the date of application;

(3)           A legible, fully-completed finger print

card obtained from a local law enforcement agency;

(4)           The applicant's signed, written consent to

a criminal record check; 

(5)           One or more cashier's checks, certified

checks or money orders made payable to the North Carolina Interpreter and

Transliterator Licensing Board in the amounts necessary to cover the cost of

all necessary local, State and federal criminal record checks; and

(6)           A cashier's check, certified check or money

order made payable to the North Carolina Interpreter and Transliterator

Licensing Board in the amount specified by Rule .0203 of this Section.

(b)  An applicant for an initial license under S.L.

2002-182, s. 7, as amended by S.L. 2003-56, shall submit the following

materials to the Board:

(1)           Written verification that the applicant was

actively engaged as an interpreter or transliterator in this State for at least

200 hours for each of the two years immediately preceding 31 October 2002. The written

verification must be signed by the individual who paid or approved payment for

the services or the individual who supervised the applicant when the services

were rendered;

(2)           Letters of recommendation from any two

individuals who are:

(A)          Interpreters who hold valid National Association of

the Deaf level 4 or 5 certifications; or

(B)          Interpreters who are nationally certified by the

Registry of Interpreters for the Deaf, Inc.; or

(C)          Transliterators who have national certifications

recognized by the National Cued Speech Association ("NCSA"); or

(D)          Interpreters who hold quality assurance North

Carolina Interpreter Classification System ("NCICS") level A or B

classifications in effect on January 1, 2000; or

(E)           Consumers of interpreter or transliterator services

who have observed the applicant's performance as an interpreter or

transliterator; or

(F)           The parent or legal guardian of a deaf consumer of

interpreter or transliterator services who has observed the applicant's

performance as an interpreter or transliterator.

 

History Note:        Authority G.S. 90D-6; 90D-7; 90D-10; S.L.

2002-182, s. 7, as amended by S.L. 2003-56;

Eff. March 21, 2005.

21 NCAC 25 .0203             APPLICATION FEES

(a)  The Board shall not review a license application until

the appropriate license fee has been paid pursuant to the following fee

schedule:

 



Application for Initial Full License under G.S. 90D-7 and

-9





$225.00







Application for Renewal of Full License





$150.00







Application for Initial Provisional License under G.S. 90D-8





$225.00







Application for Renewal of Provisional License





$150.00







Application for Replacement of Lost, Damaged or Destroyed License





$10.00





 

(b)  These fees shall be nonrefundable and shall be paid by

cash or by cashier's check, certified check, or money order made payable to the

North Carolina Interpreter and Transliterator Licensing Board.

(c)  The Board shall waive the license application renewal

fee for any individual who is currently licensed by and in good standing with

the Board if the individual is serving in the armed forces of the United States

and if G.S. 105-249.2 grants the individual an extension of time to file a tax

return.  The waiver shall be in effect for any period that is disregarded under

Section 7508 of the Internal Revenue Code in determining the taxpayer's

liability for a federal tax.

 

History Note:        Authority G.S. 90D-6(6); 90D-10(b);

93B-15;

Eff. March 21, 2005;

Amended Eff. May 1, 2011.

 

21 NCAC 25 .0204             RENEWAL OF A FULL LICENSE

(a)  An application for the renewal of a full license is not

timely filed unless it is received by the Board on or before the expiration

date of the license being renewed.

(b)  If a licensee does not timely file an application for

the renewal of a full license, the licensee shall not practice or offer to

practice as an interpreter or transliterator for a fee or other consideration,

represent himself or herself as a licensed interpreter or transliterator, or

use the title "Licensed Interpreter for the Deaf", "Licensed

Transliterator for the Deaf", or any other title or abbreviation to

indicate that the person is a licensed interpreter or transliterator until he

or she receives a new initial license.

(c)  An untimely filed application for the renewal of a full

license shall be processed as an application for a new initial license.

(d)  The Board shall not review an untimely filed

application for the renewal of a full license until the applicant pays the 

initial full license fee specified by Rule .0203 of this Section;

(e)  If the license being renewed has been suspended by the

Board, any renewal license issued to the applicant shall be suspended as well

until the term of the suspension has expired.

(f)  The Board shall extend the deadline for filing a

license renewal application for any individual who currently holds a full

license and is in good standing with the Board if the individual is serving in

the armed forces of the United States and if G.S. 105-249.2 grants the

individual an extension of time to file a tax return.  The extension shall be

in effect for any period that is disregarded under Section 7508 of the Internal

Revenue Code in determining the taxpayer's liability for a federal tax.

 

History Note:        Authority G.S. 90D-6; 90D-11; 90D-12; 93B-15;



Eff. March 21, 2005;

Amended Eff. May 1, 2011.

 

21 NCAC 25 .0205             RENEWAL OF A PROVISIONAL LICENSE

(a)  An application for the renewal of a provisional license

is not timely filed unless it is received by the Board on or before the

expiration date of the license being renewed.

(b)  If a licensee does not timely file an application for

the renewal of a provisional license, the licensee shall not practice or offer

to practice as an interpreter or transliterator for a fee or other

consideration, represent himself or herself as a licensed interpreter or

transliterator, or use the title "Licensed Interpreter for the Deaf",

"Licensed Transliterator for the Deaf", or any other title or

abbreviation to indicate that the person is a licensed interpreter or

transliterator  until he or she receives either a renewed provisional license,

as described in Paragraph (c) of this Rule, or an initial full license.

(c)  An application to renew an expired provisional license

shall be approved by the Board if it is received by the Board within one year

after the provisional license expired and if the application demonstrates that

the applicant continues to qualify for a provisional license.  A provisional

license cannot be renewed after it has expired a second time.

(d)  If the license being renewed has been suspended by the

Board, any renewal license issued to the applicant shall be suspended as well

until the term of the suspension has expired.

(e)  The Board shall renew a provisional license as many as

three times upon receipt of timely applications that demonstrate that the

applicant continues to qualify for a provisional license.  The Board may, in

its discretion, renew a provisional license a fourth or fifth time if the

applicant timely files an application that demonstrates to the Board's

satisfaction that the applicant's progress toward full licensure was delayed

by:

(1)           a life-altering event, such as an acute or

chronic illness suffered by either the applicant or a member of the applicant's

immediate family;

(2)           active military service; or

(3)           a catastrophic natural event, such as a

flood, hurricane, or tornado.

(f)  The Board shall not for any reason renew a provisional

license for a sixth time.

(g)  The Board shall not issue an initial provisional

license to anyone who has previously held a provisional license.

(h)  The Board shall extend the deadline for filing a license

renewal application for any individual who currently holds a provisional

license and is in good standing with the Board if the individual is serving in

the armed forces of the United States and if G.S. 105-249.2 grants the

individual an extension of time to file a tax return.  The extension shall be

in effect for any period that is disregarded under Section 7508 of the Internal

Revenue Code in determining the taxpayer's liability for a federal tax.

 

History Note:        Authority G.S. 90D-6; 90D-8; 90D-11; 90D-12;

93B-15;

Eff. March 21, 2005;

Amended Eff. May 1, 2011; August 1, 2007.

 

21 NCAC 25 .0206             RECIPROCITY

(a)  applicant shall not be eligible for a license by

reciprocity, pursuant to G.S. 90D-9, if any interpreter's or transliterator's

license issued to the applicant by any state:

(1)           has been revoked, suspended, or otherwise restricted

or reduced from full licensure status within the twelve months next preceding

the date on which the applicant applies for a license by reciprocity; or

(2)           remains suspended or otherwise restricted

or reduced from full licensure status as of the date on which the applicant

applies for a license by reciprocity.

(b)  A license issued by reciprocity shall be revoked if the

underlying foreign license is revoked, suspended, or otherwise restricted or

reduced from full licensure status, or is surrendered in order to avoid being

revoked, suspended, or otherwise restricted or reduced.

 

History Note:        Authority G.S. 90D-6; 90D-9;

Eff. March 21, 2005.

 

21 NCAC 25 .0207             MENTORING

AND TRAINING EXEMPTION

(a)  A mentoring or training program is approved by the

Board if it meets each of the following criteria:

(1)           The program is operated by a school

accredited by the Southern Association of Colleges and Schools, or any other

accrediting agency recognized by the U.S. Department of Education;

(2)           Each mentor or trainer used by the program:

(A)          Holds a valid National Association of the Deaf ("NAD")

level 4 or 5 certification; or

(B)          Is nationally certified by the Registry of

Interpreters for the Deaf, Inc. ("RID"); or

(C)          Has a national certification recognized by the

National Cued Speech Association ("NCSA"); or

(D)          Holds a quality assurance North Carolina Interpreter

Classification System ("NCICS") level A or B classification in effect

on January 1, 2000;

(3)           Each mentor or trainer used by the program

has five years of professional experience as an interpreter or transliterator

following graduation from an accredited Interpreter Training Program or

following  the date on which the mentor or trainer received the certification

or classification specified in Subparagraph (b)(2) of this Rule; provided that,

until July 1, 2008, a deaf person who is certified as an interpreter by RID may

serve as a mentor or trainer without five years of professional experience;

(4)           Each mentor or trainer used by the program

is currently licensed by the Board; and

(5)           The students being mentored or trained

always work under the supervision of a mentor or trainer who  meets the qualifications

set out in Subparagraphs (a)(2) through (a)(4) of this Rule.

(b)  A student in a mentoring or training program approved

by the Board must obtain a license from the Board before the person provides

interpreting or transliterating services for a fee or other consideration

outside of the approved mentoring or training program.

(c)  As used in Subparagraph (a)(3) of this Rule, the phrase

"has five years of professional experience as an interpreter or

transliterator" means that the mentor or trainer has provided interpreter

or transliterator services for persons other than family members and friends,

for a fee or other consideration, for a total of 60 consecutive or

nonconsecutive months.  Each full month of full-time or part-time employment as

an interpreter or transliterator --- or as a teacher of interpreting or

transliterating --- shall be counted toward the required 60 months of

experience.

(d)  As used in Subparagraph (a)(5) of this Rule, the phrase

"always work[s] under the supervision of a mentor or trainer" means

that a mentor or trainer is routinely available to observe and critique the

student's performance, to answer questions, and to demonstrate proper

technique.  It does not mean that the student is always accompanied by the

mentor or trainer.

 

History Note:        Authority G.S. 90D-4(b)(2); 90D-6;

Eff. March 21, 2005.

 

21 NCAC 25 .0208             GROUNDS FOR SUSPENSION OR REVOCATION

OF A LICENSE

In addition to any other grounds provided by G.S. 90D-12,

the Board may suspend or revoke an existing license if the licensee:

(1)           Fails to report being charged with any crime in any

state within 30 days after the charge is filed, unless the licensee is

prevented from making the report because he or she is incarcerated;

(2)           Fails to report being convicted of any crime in any

state within 30 days after the conviction is entered, unless the licensee is

prevented from making the report because he or she is incarcerated; 

(3)           Fails to report being sued in any court in any

state for malpractice or negligence, incompetence, or misconduct in performing

interpreter or transliterator services within 30 days after being served with a

civil summons or complaint;

(4)           Fails to report a judgment against the licensee in

any court in any state for malpractice or negligence, incompetence, or

misconduct in performing interpreter or transliterator services within 30 days

after judgment is entered, whether or not the licensee intends to appeal the

judgment;

(5)           Fails to report that a complaint has been made

against the licensee to any interpreter and transliterator licensing board or

agency in any other State, within 30 days after the licensee receives notice of

the complaint;

(6)           Fails to report that a complaint has been made

against the licensee to any  local, regional or national certifying agency,

such as NAD, RID, and NCSA, within 30 days after the licensee receives notice

of the complaint; or

(7)           Violates the Code Of Ethics adopted in 21 NCAC 25

.0301. 

 

History Note:        Authority G.S. 90D-6; 90D-7(a)(2);

                                Eff.

March 21, 2005.

 

21 NCAC 25 .0209             DENIAL OF CERTAIN LICENSE

APPLICATIONS

(a)  License applications filed by any person who has

willfully violated G.S. 90D-4(a) shall be denied for a period of two years following

the last date on which the person violated G.S. 90D-4(a).

(b)  License applications filed by any person who has given

false information to, or withheld information from, the Board while seeking a

license shall be denied for a period of two years following the last date on

which the person gave false information to, or withheld information from, the

Board.

(c)  License applications filed by any person whose license

has been revoked by the Board on any grounds other than G.S. 90D-12(1), (2) and

(5) shall be denied for a period of two years following the revocation.

(d)  License applications filed by any person whose license

has been revoked pursuant to G.S. 90D-12(5) for failing to pay child support

after having been ordered to do so by a court of competent jurisdiction, or for

failing to comply with a subpoena issued pursuant to a child support or

paternity establishment proceeding, shall be denied until the Board receives a

certification from the appropriate clerk of court that the person is no longer

delinquent in child support payments or that the person has complied with, or

is no longer subject to, the subpoena.

(e)  License applications filed by any person who has

willfully failed to pay a civil penalty that was assessed pursuant to G.S.

90D-14 and has not been temporarily or permanently stayed by an administrative

or judicial order shall be denied until the civil penalty has been paid.

 

History Note:        Authority G.S. 50-13.12; 90D-6; 90D-12;

Eff. March 21, 2005;

Amended Eff. January 1, 2012; August 1, 2007.

 

21 NCAC 25 .0210             TIME-LIMITED, NONRESIDENT EXEMPTION

(a)  Nonresident persons who are nationally certified by the

National Association of the Deaf, the National Cued Speech Association, or the

Registry of Interpreters for the Deaf, Inc. are exempt from licensure so long

as they provide interpreting or transliterating services in this State for no

more than 20 days during any single calendar year.

(b)  For the purposes of this Rule, each partial day of

interpreting or transliterating shall be counted as a full day. 

(c)  Upon the request of any person, a nonresident providing

interpreting or transliterating services under this exemption shall provide

evidence of his or her certification by the National Association of the Deaf,

the National Cued Speech Association, or the Registry of Interpreters for the

Deaf, Inc.

 

History Note:        Authority G.S. 90D-4(b)(6); S.L.

2005-299, s.1;

Eff. August 1, 2007.

 

21 NCAC 25 .0211             SUSPENSION OF AUTHORITY TO EXPEND

FUNDS

In the event the Board's authority to expend funds is

suspended pursuant to G.S. 93B-2, the Board shall continue to issue and renew

licenses and all fees tendered shall be placed in an escrow account maintained

by the Board for this purpose. Once the Board's authority is restored, the

funds shall be moved from the escrow account into the general operating

account.

 

History Note:        Authority G.S. 93B-2(d);

Eff. May 1, 2011.

 

SECTION .0300 – MORAL FITNESS FOR LICENSURE

 

21 NCAC 25 .0301             CODE

OF ETHICS

(a)  The Board hereby adopts and incorporates by reference

the Code of Ethics adopted by The Registry of Interpreters for the Deaf, Inc.,

including all subsequent amendments and editions of that code.

(b)  A copy of the code may be obtained free of charge from

the Board.  The code may also be viewed on-line at RID's web page at:

http://www.rid.org/.

 

History Note:        Authority G.S. 90D-6; 90D-7(a)(2);

90D-12;

Eff. March 21, 2005.

 

21 NCAC 25 .0302             CRIMINAL

CONVICTIONS

(a)  Except as provided in Paragraph (c) of this Rule, a

person shall not be eligible to seek a license if the person has been convicted

of:

(1)           Two or more felonies, regardless of the

dates of conviction;

(2)           Three or more misdemeanors, regardless of

the dates of conviction;

(3)           A combination of a single felony and two or

more misdemeanors, regardless of the dates of conviction;

(4)           A single felony within the 5 years next

preceding the date the person applies for a license;

(5)           A single misdemeanor within the 2 years

next preceding the date the person applies for a license.

(b)  Except as provided in Paragraph (c) of this Rule, the

Board shall revoke a licensee's license upon the licensee's conviction

of a single felony or misdemeanor.

(c)  Notwithstanding the provisions of Paragraphs (a) and

(b) of this Rule, a misdemeanor conviction shall not bar a person from

obtaining a license and shall not require the Board to revoke an existing

license if the applicant or licensee demonstrates to the Board's satisfaction

that:

(1)           The applicant or licensee did not deceive

or defraud the public while committing the misdemeanor offense; and

(2)           The misdemeanor offense has no bearing upon

the person's fitness to perform interpreter or transliterator services.

 

History Note:        Authority G.S. 90D-6; 90D-7(a)(2);

90D-12(2);

Eff. March 21, 2005.

 

SECTION .0400 – REPORTING AND DISCLOSURE REQUIREMENTS

 

21 NCAC 25 .0401             DUTY TO REPORT CHANGES IN PERSONAL

INFORMATION

A licensee shall notify the Board in writing of any change

in the licensee's current:

(1)           Name;

(2)           Home street address;

(3)           Home mailing address;

(4)           Home and work telephone numbers;

(5)           Home and work fax numbers; and

(6)           Email address;

within 30 days after the change occurs.

 

History Note:        Authority G.S. 90D-6(2),(4); 90D-7(a)(2)

and (c);

Eff. March 21, 2005.

 

21 NCAC 25 .0402             DUTY TO REPORT CONSUMER COMPLAINTS

(a)  A licensee shall notify the Board of any complaint made

against the licensee:

(1)           to any  interpreter and transliterator

licensing board or agency in any other State; or

(2)           to any  local, regional or national

certifying agency, such as NAD, RID, and NCSA.

(b)  The licensee shall give the notice to the Board within

30 days after the licensee receives notice of the complaint.

 

History Note:        Authority G.S. 90D-6(2) and (4);

90D-7(a)(2) and (c);

Eff. March 21, 2005.

 

21 NCAC 25 .0403             DUTY

TO REPORT CIVIL SUITS

Any licensee named as a defendant in any civil suit arising

out of the licensee's practice as an interpreter or transliterator shall:

(1)           Mail a copy of the civil summons and

complaint to the Board within 30 days after the licensee is served with a copy

of the civil summons and complaint; and

(2)           Notify the Board of the outcome of the

civil suit within 30 days after the civil suit is resolved by dismissal,

settlement, trial, or any other means.

 

History Note:        Authority G.S. 90D-6(2) and (4);

90D-7(a)(2) and (c);

Eff. March 21, 2005.

 

21 NCAC 25 .0404             DUTY

TO REPORT CRIMINAL PROSECUTIONS

Any licensee named as a defendant in any criminal prosecution

shall:

(1)           Mail a copy of the criminal process,

including the criminal warrant, indictment, information, presentment or other

criminal process, to the Board within 30 days after the licensee is served with

a copy of the criminal warrant, indictment, information, presentment or other

criminal process; and

(2)           Notify the Board of the outcome of the

criminal prosecution within 30 days after the prosecution is resolved by

dismissal, pleas of guilty or no contest, trial, or any other means.

 

History Note:        Authority G.S. 90D-6(2) and (4);

90D-7(a)(2) and (c);

Eff. March 21, 2005.

 

21 NCAC 25 .0405             MANDATORY

DISCLOSURES

Upon the request of any consumer, a licensee shall give the

consumer a business card that bears:

(1)           the licensee's name; and

(2)           the licensee's license number in the

following format: "NCITLB License # [number]".

 

History Note:        Authority G.S. 90D-2; 90D-4(a); 90D-6(2)

and (7);

Eff. March 21, 2005.

21 NCAC 25 .0406             EXTENSION OF REPORTING DEADLINES

The reporting deadlines in this Section are extended for any

individual who is currently licensed by and in good standing with the Board if

the individual is serving in the armed forces of the United States and if G.S.

105-249.2 grants the individual an extension of time to file a tax return.  The

extension shall be in effect for any period that is disregarded under Section

7508 of the Internal Revenue Code in determining the taxpayer's liability for a

federal tax.

 

History Note:        Authority G.S. 93B-15;

Eff. May 1, 2011.

 

SECTION .0500 – CONTINUING EDUCATION

 

21 NCAC 25 .0501             CONTINUING EDUCATION REQUIREMENTS

(a)  A licensee shall earn at least two continuing education

units ("CEUs") each licensure year.  At least 1.0 of those CEUs shall

be earned in professional studies and at least 1.0 of those CEUs shall be

earned in a setting in which three or more persons come together at the same

location at the same time as a group to listen to a lecture, to view a

demonstration, to participate in group discussions, or to learn through any

combination of these or similar activities.

(b)  Surplus CEUs shall not be carried forward from the

licensure year in which they were earned to any subsequent licensure year.

(c)  A licensee may not earn CEUs while interpreting,

whether or not the licensee is compensated for his or her services.

(d)  The Board shall waive the continuing education

requirements in this Section for any individual who is currently licensed by

and in good standing with the Board if the individual is serving in the armed

forces of the United States and if G.S. 105-249.2 grants the individual an

extension of time to file a tax return.  The waiver shall be in effect for any

period that is disregarded under Section 7508 of the Internal Revenue Code in

determining the taxpayer's liability for a federal tax.

 

History Note:        Authority G.S. 90D-6; 90D-8; 90D-11; 93B-15;



Eff. March 21, 2005;

Amended Eff. May 1, 2011; August 1, 2007.

 

21 NCAC 25 .0502             proration of CONTINUING EDUCATION

REQUIREMENTS

The CEU requirements specified in Rule .0501 of this Chapter

shall be prorated as follows during a licensee's initial licensure year:

(1)           If the licensee receives his or her initial

license in the months of October, November or December, the licensee shall be

required to earned at least 2.0 CEUs by the following October 1.  At least 1.0

of those CEUs shall be earned in professional studies and at least 1.0 of those

CEUs shall be earned in a traditional classroom setting;

(2)           If the licensee receives his or her initial

license in the months of January, February, or March, the licensee shall be

required to earned at least 1.5 CEUs by the following October 1.  At least 1.0

of those CEUs shall be earned in professional studies and at least 1.0 of those

CEUs shall be earned in a traditional classroom setting; 

(3)           If the licensee receives his or her initial

license in the months of April, May, or June, the licensee shall be required to

earned at least 1.0 CEUs by the following October 1.  At least 0.5 of those

CEUs shall be earned in professional studies and at least 0.5 of those CEUs

shall be earned in a traditional classroom setting; 

(4)           If the licensee receives his or her initial

license in the months of July, August, or September, the licensee shall be

required to earned at least 0.5 CEUs by the following October 1.  At least 0.5

of those CEUs shall be earned in professional studies and at least 0.5 of those

CEUs shall be earned in a traditional classroom setting. 

 

History Note:        Authority G.S. 90D-6; 90D-8; 90D-11;

Eff. August 1, 2007.

 

21 NCAC 25 .0503             failure to meet CONTINUING EDUCATION

REQUIREMENTS

(a)  A licensee who has not complied with the continuing

education requirements in this Section shall be ineligible for license

renewal.  Any person whose license renewal application is denied on these

grounds may reapply for licensure as soon as the person is able to demonstrate

that:

(1)           the person has earned at least two CEUs

within the 12 months next preceding the date of reapplication;

(2)           at least 1.0 of those CEUs was earned in

professional studies; and

(3)           at least 1.0 of those CEUs was earned in a

traditional classroom setting. 

(b)  Notwithstanding the provisions of Paragraph (a) of this

Rule, a licensee who has not complied with the continuing education

requirements in this Section shall be eligible for license renewal if:

(1)           the licensee makes a timely application for

renewal, including the payment of the required license fee; and

(2)           the licensee earns the required CEUs by no

later than the 31st day of October in the new licensure year.

(c)  CEUs earned in the current licensure year and used to

cure a deficiency in the prior licensure year may not be used to meet the CEU

requirements of the current year.

 

History Note:        Authority G.S. 90D-6; 90D-8; 90D-11;

Eff. August 1, 2007.

 

21 NCAC 25 .0504             CEU Credit for college courses

A licensee may earn CEUs by enrolling in and completing a

class or course sponsored by a college or university accredited by the Southern

Association of Colleges and Schools or by any other accrediting agency

recognized by the U.S. Department of Education.  In order to receive CEU credit

for the class or course, the licensee must authorize and direct the sponsoring

college or university to mail to the Board a certified transcript documenting

that the licensee completed the class or course and that the licensee earned at

least a 2.0 grade point average in the class or course or a grade of

"Pass" if the licensee was graded on a "Pass-Fail" basis.

 

History Note:        Authority G.S. 90D-6; 90D-8; 90D-11;

Eff. August 1, 2007.

 

21 NCAC 25 .0505             CEU CREDIT FOR Workshps,

conferences, and independent study recognized BY RID

(a)  A licensee may earn CEUs by attending workshops and

conferences recognized by The Registry of Interpreters for the Deaf, Inc.

("RID").  In order to receive CEU credit for attendance at a workshop

or conference recognized by RID, the licensee must submit to the Board a copy

of the licensee's RID CEU transcript.  RID shall be the sole judge of the

number of CEUs earned by attendance at the workshop or conference.

(b)  A licensee who is either a certified member of RID or

an associate member of RID participating in the Associate Continuing Education

Tracking ("ACET") Program may earn CEUs by independently studying

instructional materials in any format -- including, but not limited to,

videotapes, audiotapes, web sites, DVDs, CDs, and books and other printed

materials -- so long as the materials have been recognized by RID.  In order to

receive CEU credit for such independent study, the licensee must submit to the

Board a copy of the licensee's RID CEU transcript.  RID shall be the sole judge

of the number of CEUs earned by the completion of any independent study

recognized by RID.

(c)  If a licensee does not have an RID CEU transcript

because the licensee is neither a certified member of RID nor an associate

member of RID participating in the ACET Program, the licensee may receive CEU

credit for attendance at the workshop or conference by submitting to the Board:

(1)           a certificate of completion signed by the

workshop or conference sponsor, provider, or presenter; and

(2)           a copy of the advertisement or flyer that

shows that attendance at the workshop or conference qualifies for RID CEUs.

 

History Note:        Authority G.S. 90D-6; 90D-8; 90D-11;

Eff. August 1, 2007.

 

21 NCAC 25 .0506             CEU Credit for Workshps,

conferences, and independent study APPROVED by other STATUTORY professional

licensing boards

(a)  A licensee may earn CEUs by attending workshops and

conferences approved by other statutory professional licensing boards of this

or any other state.  In order to receive CEU credit for attendance at such

workshops and conferences, the licensee must submit to the Board written

evidence that the workshop or conference was approved by another statutory

professional licensing board and that the licensee attended the workshop or

conference.  The mandatory professional licensing board that approves the

workshop or conference shall be the sole judge of the number of CE hours that

may be earned by attendance at the workshop or conference.

(b)  A licensee may earn CEUs by independently studying

instructional materials in any format -- including, but not limited to,

videotapes, audiotapes, web sites, DVDs, CDs, and books and other printed

materials -- so long as the materials have been approved for CE credit by

another statutory professional licensing board.  In order to receive CEU credit

for such independent study, the licensee must submit to the Board written

evidence that the independent study was approved by another statutory

professional licensing board and that the licensee satisfactorily completed the

independent study.  The statutory professional licensing board that approves

the independent study shall be the sole judge of the number of CE hours that

may be earned by completion of the independent study.

 

History Note:        Authority G.S. 90D-6; 90D-8; 90D-11;

Eff. August 1, 2007.

 

SECTION .0600 – ADMINISTRATIVE PROCEDURE

 

21 NCAC 25 .0601             PETITIONS

FOR THE ADOPTION, AMENDMENT OR REPEAL OF RULES

(a)  Any person may petition the Board to adopt a new rule

or to amend or repeal an existing rule by filing a written petition with the Board.

(b)  The  petition shall contain:

(1)           the petitioner's name, address, telephone

number, fax number, email address, and signature;

(2)           the number of the rule the petitioner wants

the Board to amendment or repeal;

(3)           a draft of the proposed new or amended

rule;

(4)           the reasons the petitioner believes the

Board should take the requested action; and

(5)           a statement of whether the petitioner

wishes to address the Board regarding the petition.

(c)  The Board chair, in his or her discretion, may give

supporters and opponents of the petition an opportunity:

(1)           to file written comments on the petition;

and

(2)           to address the Board on the merits of the

petition.

 

History Note:        Authority G.S. 90D-6; 150B-20(a);

Eff. March 21, 2005.

 

21 NCAC 25 .0602             DECLARATORY

RULINGS

(a)  Any person aggrieved may petition the Board to issue a

declaratory ruling as to the validity of a rule or as to the applicability to a

given state of facts of a statute administered by the Board or of a rule or order

of the Board by filing a written petition with the Board.

(b)  A petition for a declaratory ruling must contain:

(1)           The petitioner's name, address, telephone

number, fax number, email address, and signature;

(2)           The number of the rule or statute the

petitioner wants the Board to construe;

(3)           The given state of facts to be applied in

the ruling;

(4)           A plain and concise statement of the ruling

sought by the petitioner;

(5)           A statement of how the petitioner is

aggrieved by the rule or statute;

(6)           A plain and concise statement of the

reasons the ruling sought should be issued by the Board; and

(7)           A statement of whether the petitioner

wishes to address the Board regarding the petition.

(c)  The Board chair, in his or her discretion, may give

supporters and opponents of the petition an opportunity:

(1)           to file written comments on the petition;

and

(2)           to address the Board on the merits of the

petition.

(d)  The Board may decline to issue any ruling:

(1)           When the Board determines that the

petitioner is not a person aggrieved;

(2)           When the Board determines that material

facts are in dispute;

(3)           When the Board determines that an actual

case or controversy exists;

(4)           When the subject matter of the request is

being investigated by the Board;

(5)           When the subject matter of the request is

involved in pending litigation;

(6)           When the Board has already issued a final

decision in a contested case involving the same or substantially similar facts;



(7)           When the Board has already issued a

declaratory ruling on the same or substantially similar facts; or

(8)           When the Board determines that the issuance

of a ruling is not in the public interest.

 

History Note:        Authority G.S. 90D-6; 150B-4;

Eff. March 211, 2005.

 

21 NCAC 25 .0603             FILING

(a)  A document is filed with the Board when the document is

actually received by the Board and not when it is merely placed into the

custody and control of the United States Postal Service or some other public

carrier.

(b)  A document may be filed with the Board by facsimile

transmission.

(c)  A document may not be filed with the Board by email

transmission.

 

History Note:        Authority G.S. 90D-6; 150B-38(h);

Eff. March 21, 2005.

 

SECTION .0700 – Sanctions

 

21 NCAC 25 .0701             SCHEDULE OF PENALTIES

The presumptive penalty for any violation of any provision

of Chapter 90D of the North Carolina General Statutes or any rule adopted by

the Board shall be:

(1)           $100 for the first violation;

(2)           $200 for the second violation;

(3)           $400 for the third violation; and

(4)           $800 for the fourth violation

 

History Note:        Authority G.S. 90D-14(c); S.L. 2005-299,

s.4;

Eff. August 1, 2007.

 

21 NCAC 25 .0702             evaluation of mitigating and

aggravating factors

(a)  If the Board finds that mitigating factors outweigh

aggravating factors, the Board may assess a penalty that is less than the

presumptive penalty.

(b)  If the Board finds that aggravating factors outweigh

mitigating factors, the Board may assess a penalty that is more than the

presumptive penalty, provided that no single penalty for any single violation

shall exceed one thousand dollars ($1,000).

(c)  If the Board assesses a penalty that is more or less

than the presumptive penalty, the Board shall state its reasons for doing so. 

The Board need not state its reasons for assessing the presumptive penalty.

 

History Note:        Authority G.S. 90D-14(c); S.L. 2005-299,

s.4;

Eff. August 1, 2007.

 

21 NCAC 25 .0703             IDENTIFICATION OF SEPARATE OFFENSES

(a)  Each offer by an unlicensed person to practice as an

interpreter or transliterator for a fee or other consideration shall constitute

a separate violation for which a separate penalty may be assessed.

(b)  Each representation by an

unlicensed person that such person is a licensed interpreter or transliterator

shall constitute a separate violation for which a separate penalty may be

assessed.

(c)  Each time an unlicensed person uses the title

"Licensed Interpreter for the Deaf", "Licensed Transliterator

for the Deaf", or any other title or abbreviation to indicate that the

person is a licensed interpreter or transliterator shall constitute a separate

violation for which a separate penalty may be assessed.

(d)  An advertisement that violates Paragraphs (a), (b), or

(c) of this Rule shall constitute a single violation each day it is published.

(e)  Each interpreting or transliterating engagement that

violates a licensing statute or rule shall constitute a separate violation for

which a separate penalty may be assessed.

(f)  Each day a violation persists shall constitute a

separate violation for which a separate penalty may be assessed.

 

History Note:        Authority G.S. 90D-14(c); S.L. 2005-299,

s.4;

Eff. August 1, 2007.