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.