(a) Complaints may be filed when an individual, hiring agency, or interpreting agency:
- (1) Violates the NAD-RID Code of Professional Conduct of the Registry of Interpreters for the Deaf, Inc.;
- (2) Knowingly hires an interpreter who is not qualified; or
- (3) Engages in the practice of interpreting without a license.
(b) The following may file a complaint:
- (1) Any deaf or hard of hearing consumer of interpreting services;
- (2) Any hearing consumer of interpreting services;
- (3) Any person having direct interest in the occurrence specified in the complaint; or
(4)
- (A) Any advisory board member acting on any information by that advisory board member that is relevant and material.
- (B) If the advisory board member files a complaint based on an anonymous tip, the complaint itself cannot be used to make a determination of whether this part has been violated.
- (C) A separate investigation must take place.
(c) To the extent the person filing the complaint is able, the complaint must:
- (1) Specify the time, place, and person or persons involved; and
- (2) Describe the actions that constitute the alleged offense.
(d)
(1) All complaints:
- (A) Are to be filed in writing with the advisory board using the Complaint Form (attached hereto as Appendix C); and
- (B) Should be filed within ninety (90) days of the alleged offense.
- (2) If a complaint is initiated by an advisory board member, that advisory board member shall recuse on any vote taken regarding the complaint.
- (e) Any person filing a complaint regarding ethical practices of a licensed qualified interpreter may also file a complaint with the respective credentialing entity.
- (f) All complaints shall be reviewed and investigated by a member of the advisory board.
- (g) If a complaint and investigation results in penalties being assessed against an individual or entity, that individual or entity shall be provided notice and the opportunity for a hearing before the advisory board, whose decision can be appealed to the State Board of Health by the individual.
- (h) The advisory board member who reviewed and investigated the complaint shall recuse himself or herself from voting at the hearing of the matter.
(i)
- (1) Publication of final orders that result in sanctions shall be posted on the licensure website.
- (2) However, any confidential information contained in the complaint shall be removed.