SENATE AMENDED
PRIOR PRINTER'S NOS. 523, 2947 PRINTER'S NO. 4074
No. 445 Session of 2003
INTRODUCED BY NAILOR, LEDERER, FLEAGLE, ROEBUCK, BARD, BARRAR,
BEBKO-JONES, BELFANTI, BISHOP, BROWNE, BUNT, CAPPELLI,
CIVERA, COSTA, COY, CRAHALLA, CREIGHTON, CRUZ, GABIG, GEIST,
GRUCELA, HALUSKA, HARHAI, HERMAN, HORSEY, JAMES, JOSEPHS,
LAUGHLIN, LEACH, MARSICO, McILHATTAN, S. MILLER, MYERS,
READSHAW, REICHLEY, ROBERTS, SAINATO, SEMMEL, SOLOBAY,
STABACK, E. Z. TAYLOR, TIGUE, VANCE, YOUNGBLOOD, ZUG,
WASHINGTON, THOMAS, T. STEVENSON AND BENNINGHOFF,
FEBRUARY 25, 2003
SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL
LICENSURE, IN SENATE, AS AMENDED, JUNE 15, 2004
AN ACT
1 Providing for the establishment of standards for providing sign <--
2 language interpreting and transliterating services for
3 individuals who are deaf or hard of hearing in this
4 Commonwealth who hold themselves out as qualified sign
5 language interpreters and transliterators.
6 PROVIDING FOR STATE REGISTRATION OF INDIVIDUALS PROVIDING SIGN <--
7 LANGUAGE INTERPRETING AND TRANSLITERATING SERVICES TO
8 INDIVIDUALS WHO ARE DEAF OR HARD OF HEARING; AND IMPOSING
9 DUTIES ON THE OFFICE FOR THE DEAF AND HARD OF HEARING IN THE
10 DEPARTMENT OF LABOR AND INDUSTRY.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Short title. <--
14 This act shall be known and may be cited as the Sign Language
15 Interpreters and Transliterators Registration Act.
16 Section 2. Definitions.
17 The following words and phrases when used in this act shall
1 have the meanings given to them in this section unless the
2 context clearly indicates otherwise:
3 "Applicant." An individual who is applying for registration
4 as a qualified interpreter or a qualified transliterator.
5 "Deaf." A natural person who is deaf and hard of hearing.
6 "Department." The Department of Labor and Industry of the
7 Commonwealth.
8 "Interpreting." The process of conveying English in
9 grammatically correct American Sign Language and the process of
10 conveying American Sign Language in grammatically correct
11 English.
12 "Office." The Office of Deaf and Hard of Hearing within the
13 Department of Labor and Industry.
14 "Qualified interpreter." An individual registered under this
15 act who engages in interpreting.
16 "Qualified transliterator." An individual registered under
17 this act who engages in transliterating.
18 "Registrant." An individual registered under this act as
19 either a qualified interpreter for the deaf or a qualified
20 transliterator.
21 "Transliterating." The process of conveying spoken or
22 written English in an English-based sign system and the process
23 of conveying an English-based sign system in spoken or written
24 English.
25 Section 3. Department responsibilities.
26 The department shall have the power and duty to do all of the
27 following:
28 (1) Administer this act.
29 (2) Register applicants in accordance with section 5.
30 (3) Maintain a list of all registered interpreters and
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1 transliterators and make this list available upon request to
2 the public and to Federal, State and local agencies.
3 (4) Promulgate regulations necessary to carry out the
4 provisions of this act.
5 Section 4. Registration required.
6 (a) Registration.--It shall be unlawful for a person to hold
7 himself out as a qualified interpreter, qualified transliterator
8 or to use similar titles or designations in any manner
9 whatsoever unless the person is currently registered under this
10 act.
11 (b) Exceptions.--A person who violates this section commits
12 a summary offense and shall, upon conviction, be sentenced to
13 pay a fine of not more than $300 or to imprisonment for not more
14 than 90 days, or both, for a first violation. A person who is
15 convicted of a subsequent violation of this section commits a
16 misdemeanor of the third degree and shall, upon conviction, be
17 sentenced to pay a fine of not less than $300 nor more than
18 $1,000 or to imprisonment for not more than 90 days, or both.
19 Section 5. Registration, qualifications, renewal fees and
20 records.
21 (a) Application.--An individual may apply to the office for
22 registration. The applicant shall submit to the office the
23 following:
24 (1) A completed application for registration.
25 (2) Payment of the required fee.
26 (3) Proof that the applicant meets one of the following
27 requirements:
28 (i) The applicant is certified by the National or
29 local Registry of Interpreters for the Deaf, Inc., or the
30 National Association of the Deaf.
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1 (ii) The applicant meets registration requirements
2 established by the office pursuant to its regulations.
3 (b) Renewal.--A registrant shall renew registration on a
4 biennial basis by submitting to the office the information and
5 fee required by subsection (a).
6 (c) Registration cards.--The office shall review each
7 completed application for registration and renewal and issue a
8 registration card to an applicant when it is satisfied that the
9 individual meets the criteria of this section.
10 (d) Fees.--The fee for registration or renewal of an
11 existing registration shall, unless modified by regulations, be
12 $10.
13 Section 6. Proof of registration.
14 A registrant shall provide proof of current registration
15 under this act to the person receiving transliterating or
16 interpreting services.
17 Section 7. Change of personal information.
18 A registrant shall notify the office of any change of name or
19 mailing address within ten days.
20 Section 8. Confidential communications.
21 A registrant who acquires information protected by law as a
22 confidential communication in the course of providing
23 interpreter or transliterator services to or on behalf of a
24 person who is deaf may not be required to disclose this
25 information in any legal proceeding, trial or investigation
26 before any governmental unit without the consent of the
27 individual receiving transliterating or interpreting services. A
28 registrant shall hold the legal privilege that applies to the
29 individual receiving the services.
30 Section 9. Registration violations.
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1 (a) Violations.--The department shall have authority to
2 impose disciplinary or corrective measures, or levy civil
3 penalties on a registrant for any or all of the following
4 reasons:
5 (1) Obtaining a registration or biennial renewal through
6 fraud, deceit or misrepresentation.
7 (2) Being convicted of a felony or of a crime in this
8 Commonwealth or any other jurisdiction relating to the
9 providing of transliterating or interpreting services.
10 (3) Being the subject of disciplinary or other
11 administrative action taken against a registration,
12 certification or license to provide transliterating or
13 interpreting services by the authority of another state or
14 government agency.
15 (4) Committing fraud, gross negligence or misconduct
16 relating to transliterating or interpreting services.
17 (5) Engaging in any other misconduct related to the
18 provision of transliterating or interpreting services as
19 determined by the office pursuant to its regulations.
20 (6) Being incompetent to provide interpreter or
21 transliterator services.
22 (7) Violating any provision of this act or the office's
23 regulations.
24 (8) Failure to comply with a lawful order entered in a
25 disciplinary proceeding under this act.
26 (b) Procedure.--Actions relating to violations of this act
27 under this section shall be subject to the right of notice,
28 hearing in adjudication in accordance with 2 Pa.C.S. (relating
29 to administrative law and procedure). The department shall have
30 the power to subpoena witnesses and to compel the production of
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1 documents, books and papers in a hearing and to administer
2 oaths.
3 Section 10. Disciplinary or corrective action.
4 (a) Action.--When the department is empowered to take action
5 for registration violations pursuant to this act, the department
6 may:
7 (1) Suspend, deny, refuse to renew or revoke a sign
8 language interpreter registration of an individual.
9 (2) Issue a public reprimand.
10 (3) Require the registrant to take refresher educational
11 courses or training.
12 (4) Require the registrant to provide transliterating or
13 interpreting services under supervision or other conditions
14 or restrictions as the department finds is in the best
15 interest of the public health and safety.
16 (b) Surrender of registration.--If a registration has been
17 suspended or revoked, the individual shall return the
18 registration to the office in the manner the office directs. An
19 individual who fails to return the registration in accordance
20 with this section commits a summary offense.
21 (c) Reapplication.--An individual whose registration has
22 been revoked may reapply for registration in accordance with
23 section 5 no earlier than five years after the date the previous
24 registration was revoked.
25 (d) Civil penalty.--In addition to any other action provided
26 for in this act, the department may levy a civil penalty of up
27 to $500 per violation on any registrant who violates this act or
28 upon any person who provides or offers to provide
29 transliterating or interpreting services without being currently
30 registered. The department shall levy this penalty only after
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1 affording the accused party the opportunity for a hearing as
2 provided for in section 9(b).
3 Section 11. Effect of order.
4 A decision and order of the department from which no timely
5 appeal is taken to a court of competent jurisdiction shall be a
6 final order and shall be enforceable by a court of competent
7 jurisdiction.
8 Section 12. Injunctive relief.
9 If an individual violates this act, the director of the
10 office, the office or an affected consumer of interpreting or
11 transliterating services may maintain an action in a court of
12 competent jurisdiction for an injunction or other process
13 restraining or prohibiting the individual from engaging in the
14 activity. In any proceeding under this section, it shall not be
15 necessary to show that any person is individually injured. If
16 the court finds that an individual has violated this act, it
17 shall enjoin the individual from engaging in the activity.
18 Section 13. Applicability.
19 The provisions of this act shall apply to any interpreting or
20 transliterating service that is provided on or after the July 1,
21 2004.
22 Section 14. Effective date.
23 This act shall take effect in 60 days.
24 SECTION 1. SHORT TITLE. <--
25 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE SIGN LANGUAGE
26 INTERPRETER AND TRANSLITERATOR STATE REGISTRATION ACT.
27 SECTION 2. DEFINITIONS.
28 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
29 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
30 CONTEXT CLEARLY INDICATES OTHERWISE:
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1 "APPLICANT." AN INDIVIDUAL WHO APPLIES FOR STATE
2 REGISTRATION IN ACCORDANCE WITH SECTION 5.
3 "DEPARTMENT." THE DEPARTMENT OF LABOR AND INDUSTRY OF THE
4 COMMONWEALTH.
5 "EIPA." THE EDUCATIONAL INTERPRETER PERFORMANCE ASSESSMENT
6 EXAMINATION ADMINISTERED BY THE DEPARTMENT OF EDUCATION OR ITS
7 AGENT.
8 "INTERPRETING." THE PROCESS OF CONVEYING ENGLISH IN
9 GRAMMATICALLY CORRECT AMERICAN SIGN LANGUAGE AND THE PROCESS OF
10 CONVEYING AMERICAN SIGN LANGUAGE IN ENGLISH.
11 "OFFICE." THE OFFICE FOR THE DEAF AND HARD OF HEARING WITHIN
12 THE DEPARTMENT OF LABOR AND INDUSTRY.
13 "QUALIFIED SIGN LANGUAGE INTERPRETER." AN INDIVIDUAL
14 REGISTERED UNDER THIS ACT WHO ENGAGES IN SIGN LANGUAGE
15 INTERPRETATION.
16 "QUALIFIED TRANSLITERATOR." AN INDIVIDUAL REGISTERED UNDER
17 THIS ACT WHO ENGAGES IN TRANSLITERATION.
18 "REGISTRANT." AN INDIVIDUAL REGISTERED UNDER THIS ACT AS
19 EITHER A QUALIFIED SIGN LANGUAGE INTERPRETER OR A QUALIFIED
20 TRANSLITERATOR.
21 "SIGN LANGUAGE INTERPRETER." AN INDIVIDUAL WHO PROVIDES
22 INDIVIDUALS WHO ARE DEAF AND HARD OF HEARING WITH INTERPRETING
23 OR TRANSLITERATING SERVICES.
24 "TRANSLITERATING." THE PROCESS OF CONVEYING A SPOKEN MESSAGE
25 FROM A PERSON WHO HEARS TO A PERSON WHO IS DEAF OR HARD OF
26 HEARING AND THE ABILITY TO REPEAT THE MESSAGE AND INTENT OF THE
27 SPEECH, MOUTH MOVEMENTS OR ENGLISH-BASED SIGNED SYSTEM OF THE
28 PERSON WHO IS DEAF OR HARD OF HEARING.
29 SECTION 3. OFFICE RESPONSIBILITIES.
30 THE OFFICE SHALL DO ALL OF THE FOLLOWING:
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1 (1) ADMINISTER THIS ACT.
2 (2) REGISTER APPLICANTS IN ACCORDANCE WITH SECTION 5.
3 (3) MAINTAIN A LIST OF ALL REGISTRANTS AND MAKE THE LIST
4 AVAILABLE UPON REQUEST TO THE PUBLIC AND TO FEDERAL, STATE
5 AND LOCAL AGENCIES.
6 (4) PROMULGATE REGULATIONS NECESSARY TO CARRY OUT THE
7 PROVISIONS OF THIS ACT.
8 SECTION 4. STATE REGISTRATION REQUIRED.
9 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), NO
10 INDIVIDUAL MAY PROVIDE OR OFFER TO PROVIDE SIGN LANGUAGE
11 INTERPRETING OR TRANSLITERATING SERVICES, OR HOLD HIMSELF AS A
12 QUALIFIED SIGN LANGUAGE INTERPRETER OR QUALIFIED TRANSLITERATOR
13 OR, USE A SIMILAR TITLE OR DESIGNATION, WITHOUT BEING STATE
14 REGISTERED BY THE OFFICE IN ACCORDANCE WITH THIS ACT.
15 (B) EXCEPTIONS.--THE FOLLOWING INDIVIDUALS ARE EXEMPT FROM
16 THE STATE REGISTRATION REQUIREMENTS OF SUBSECTION (A):
17 (1) AN INDIVIDUAL ENGAGED IN INTERPRETING OR
18 TRANSLITERATING AT A WORSHIP SERVICE CONDUCTED BY A RELIGIOUS
19 ENTITY AND SERVICES FOR EDUCATIONAL PURPOSES FOR A RELIGIOUS
20 ENTITY OR RELIGIOUSLY AFFILIATED SCHOOL.
21 (2) AN INDIVIDUAL ENGAGED IN SIGN LANGUAGE INTERPRETING
22 OR TRANSLITERATING DURING AN EMERGENCY, WHEN A DELAY IN
23 OBTAINING A STATE-REGISTERED INTERPRETER OR STATE-REGISTERED
24 TRANSLITERATOR MIGHT LEAD TO INJURY OR LOSS TO THE INDIVIDUAL
25 REQUIRING THE SERVICES.
26 (3) AN INDIVIDUAL ENGAGED IN INTERPRETING OR
27 TRANSLITERATING AS PART OF A SUPERVISED INTERNSHIP OR
28 PRACTICUM AT AN ACCREDITED COLLEGE OR UNIVERSITY, OR THE
29 REGISTRY OF INTERPRETERS FOR THE DEAF, OR THE NATIONAL
30 ASSOCIATION OF THE DEAF, PROVIDED IT IS NOT IN A LEGAL,
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1 MEDICAL OR MENTAL HEALTH SETTING.
2 (4) AN INDIVIDUAL WHO IS CERTIFIED BY THE NATIONAL
3 ASSOCIATION OF THE DEAF OR THE REGISTRY OF INTERPRETERS FOR
4 THE DEAF FROM OUTSIDE THE COMMONWEALTH WHO PROVIDES
5 INTERPRETING OR TRANSLITERING SERVICES IN THE COMMONWEALTH
6 FOR A PERIOD NOT EXCEEDING 14 DAYS EACH CALENDAR YEAR.
7 (5) AN INDIVIDUAL ENGAGED IN INTERPRETING OR
8 TRANSLITERATING AT THE REQUEST OF AN INDIVIDUAL WHO IS DEAF
9 OR HARD OF HEARING IF THE INDIVIDUAL INFORMS THE CLIENT THAT
10 THE INDIVIDUAL IS NOT REGISTERED UNDER THIS ACT.
11 (6) AN INDIVIDUAL WHO ENGAGES IN INTERPRETING OR
12 TRANSLITERATING STRICTLY AS A VOLUNTEER.
13 (7) AN INDIVIDUAL WHO ENGAGES IN INTERPRETING OR
14 TRANSLITERATING FOR A SCHOOL-RELATED ACTIVITY IN ACCORDANCE
15 WITH ALL OF THE FOLLOWING:
16 (I) THE INDIVIDUAL IS EMPLOYED IN A PUBLIC OR
17 PRIVATE ELEMENTARY OR SECONDARY SCHOOL OR INSTITUTION
18 CHARTERED BY THE COMMONWEALTH.
19 (II) THE INDIVIDUAL RECEIVED A RATING EQUAL TO OR
20 EXCEEDING 70% ON THE EIPA. A SCHOOL DISTRICT SHALL
21 DETERMINE THE EIPA BY GRADE LEVEL OF THE CHILD OR CLASS
22 TO WHICH THE INTERPRETER IS ASSIGNED AND THE SIGN SYSTEM
23 BEING USED BY THE CLASS OR SCHOOL.
24 (C) UNLAWFUL PRACTICE.--AN INDIVIDUAL WHO VIOLATES THIS
25 SECTION COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE
26 SENTENCED TO PAY A FINE NOT TO EXCEED $300 OR TO IMPRISONMENT
27 FOR NOT MORE THAN 90 DAYS, OR BOTH, FOR A FIRST VIOLATION. AN
28 INDIVIDUAL WHO IS CONVICTED OF A SUBSEQUENT VIOLATION OF THIS
29 SECTION COMMITS A MISDEMEANOR OF THE THIRD DEGREE AND SHALL BE
30 SENTENCED TO PAY A FINE OF NOT LESS THAN $300 OR MORE THAN
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1 $1,000 OR TO SERVE A TERM OF IMPRISONMENT FOR NOT MORE THAN 90
2 DAYS, OR BOTH.
3 SECTION 5. STATE REGISTRATION.
4 (A) APPLICATION.--AN INDIVIDUAL MAY APPLY TO THE OFFICE TO
5 BE A STATE-REGISTERED SIGN LANGUAGE INTERPRETER OR
6 TRANSLITERATOR.
7 (1) THE APPLICANT SHALL SUBMIT TO THE OFFICE ALL OF THE
8 FOLLOWING:
9 (I) A COMPLETED APPLICATION.
10 (II) PAYMENT OF ANY REQUIRED FEES.
11 (III) PROOF THAT THE APPLICANT HAS PASSED AN
12 EXAMINATION APPROVED BY THE OFFICE WHICH TESTS KNOWLEDGE,
13 EXPERIENCE AND PROFICIENCY IN INTERPRETING AND
14 TRANSLITERATING.
15 (2) THE OFFICE SHALL REVIEW EACH COMPLETED APPLICATION
16 AND SHALL ISSUE A SIGN LANGUAGE INTERPRETER REGISTRATION TO
17 THE APPLICANT WHEN THE OFFICE IS SATISFIED THAT ALL OF THE
18 FOLLOWING CRITERIA HAVE BEEN MET:
19 (I) THE APPLICANT IS 18 YEARS OF AGE OR OLDER.
20 (II) THE APPLICANT HAS PASSED THE EXAMINATION
21 REQUIRED BY SUBSECTION (A).
22 (III) THE APPLICANT HAS PAID ALL APPLICABLE FEES
23 ESTABLISHED PURSUANT TO THIS ACT.
24 (IV) THE APPLICANT POSSESSES THE GENERAL FITNESS,
25 COMPETENCE AND RELIABILITY SUFFICIENT TO SATISFY THE
26 OFFICE THAT THE APPLICANT IS WORTHY OF THE STATE
27 REGISTRATION.
28 (V) OTHER CRITERIA AS THE OFFICE MAY ESTABLISH BY
29 REGULATION.
30 (B) REGISTRATION.--A SIGN LANGUAGE INTERPRETER STATE
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1 REGISTRATION ISSUED BY THE OFFICE SHALL BE:
2 (1) ISSUED ONLY IN THE NAME OF THE APPLICANT.
3 (2) ISSUED IN PAPER OR ELECTRONIC FORM.
4 (3) NONTRANSFERABLE.
5 (4) ISSUED FOR A PERIOD NOT TO EXCEED TWO YEARS.
6 (C) RENEWAL.--A REGISTRANT MAY RENEW A STATE REGISTRATION BY
7 SUBMITTING TO THE OFFICE THE INFORMATION REQUIRED BY SUBSECTION
8 (A) AND ANY APPLICABLE FEES.
9 (D) FEES.--THE FEE FOR STATE REGISTRATION OR RENEWAL OF AN
10 EXISTING STATE REGISTRATION SHALL, UNTIL MODIFIED BY REGULATION,
11 BE $100.
12 SECTION 6. CHANGE OF PERSONAL INFORMATION.
13 A REGISTRANT SHALL NOTIFY THE OFFICE OF ANY CHANGE OF NAME OR
14 MAILING ADDRESS WITHIN TEN DAYS OF THE CHANGE.
15 SECTION 7. CONFIDENTIAL COMMUNICATIONS.
16 EXCEPT AS PROVIDED BY LAW, A SIGN LANGUAGE INTERPRETER WHO
17 ACQUIRES CONFIDENTIAL INFORMATION WHILE INTERPRETING OR
18 TRANSLITERATING MAY NOT BE REQUIRED TO DISCLOSE THE INFORMATION
19 IN ANY LEGAL PROCEEDING, TRIAL OR INVESTIGATION BEFORE A
20 GOVERNMENTAL UNIT WITHOUT THE CONSENT OF THE INDIVIDUAL
21 RECEIVING INTERPRETING OR TRANSLITERATING SERVICES. THE SIGN
22 LANGUAGE INTERPRETER SHALL HOLD ANY LEGAL PRIVILEGE THAT THE
23 INDIVIDUAL RECEIVING THE SERVICES HOLDS.
24 SECTION 8. REGISTRATION VIOLATIONS.
25 (A) VIOLATIONS.--THE DEPARTMENT SHALL HAVE THE AUTHORITY TO
26 IMPOSE DISCIPLINARY OR CORRECTIVE MEASURES OR LEVY CIVIL
27 PENALTIES ON A REGISTRANT FOR DOING ANY OR ALL OF THE FOLLOWING:
28 (1) OBTAIN A STATE REGISTRATION OR RENEWAL OF A
29 REGISTRATION THROUGH FRAUD, DECEIT OR MISREPRESENTATION;
30 (2) BE CONVICTED OF A FELONY OR A CRIME, IN THIS
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1 COMMONWEALTH OR OTHER JURISDICTION, RELATING TO THE PROVISION
2 OF INTERPRETING OR TRANSLITERATING SERVICES;
3 (3) BE THE SUBJECT OF DISCIPLINARY OR OTHER
4 ADMINISTRATIVE ACTION TAKEN AGAINST THIS REGISTRATION,
5 CERTIFICATION OR LICENSE TO PROVIDE INTERPRETING OR
6 TRANSLITERATING SERVICES IN ANOTHER STATE BY A GOVERNMENT
7 AGENCY;
8 (4) COMMIT FRAUD, GROSS NEGLIGENCE OR MISCONDUCT
9 RELATING TO PROVISION OF INTERPRETING OR TRANSLITERATING
10 SERVICES AS DETERMINED BY THE OFFICE;
11 (5) ENGAGE IN ANY OTHER MISCONDUCT RELATING TO THE
12 PROVISION OF INTERPRETING OR TRANSLITERATING SERVICES AS
13 DETERMINED BY THE OFFICE; OR
14 (6) VIOLATE THE PROVISIONS OF THIS ACT OR THE
15 REGULATIONS PERTAINING TO THIS ACT AS ESTABLISHED BY THE
16 OFFICE.
17 (B) PROCEDURE.--IF THE DEPARTMENT FINDS A VIOLATION OF
18 SUBSECTION (A), IT SHALL GIVE WRITTEN NOTICE TO THE REGISTRANT
19 SPECIFYING THE VIOLATION OR VIOLATIONS FOUND. THE DEPARTMENT MAY
20 ASSESS AN ADMINISTRATIVE FINE NOT TO EXCEED $500 FOR EACH
21 VIOLATION. IN SETTING THE FINE, THE DEPARTMENT SHALL CONSIDER
22 THE SEVERITY OF THE VIOLATION AND WHETHER THERE IS A PATTERN OF
23 VIOLATIONS.
24 SECTION 9. SUSPENSION, DENIAL, NONRENEWAL OR REVOCATION OF
25 STATE REGISTRATION.
26 (A) ACTION.--ACTIONS RELATING TO VIOLATIONS OF THIS ACT
27 UNDER THIS SECTION SHALL BE SUBJECT TO THE RIGHT OF NOTICE,
28 HEARING IN ADJUDICATION IN ACCORDANCE WITH 2 PA.C.S. (RELATING
29 TO ADMINISTRATIVE LAW AND PROCEDURE). WHEN THE DEPARTMENT IS
30 EMPOWERED TO TAKE ACTION FOR REGISTRATION VIOLATIONS PURSUANT TO
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1 THIS ACT, THE DEPARTMENT MAY:
2 (1) INDEFINITELY SUSPEND, SUSPEND FOR A TERM CERTAIN,
3 REFUSE TO ISSUE, REFUSE TO RENEW OR REVOKE A STATE
4 REGISTRATION.
5 (2) ISSUE A PUBLIC REPRIMAND.
6 (3) REQUIRE THE REGISTRANT TO TAKE A REFRESHER
7 EDUCATIONAL COURSE OR TRAINING.
8 (B) SURRENDER OF STATE REGISTRATION.--IF A REGISTRANT'S
9 STATE REGISTRATION HAS BEEN SUSPENDED OR REVOKED, THE REGISTRANT
10 SHALL RETURN THE STATE REGISTRATION TO THE OFFICE IN THE MANNER
11 THE OFFICE DIRECTS. AN INDIVIDUAL WHO FAILS TO RETURN A STATE
12 REGISTRATION IN ACCORDANCE WITH THIS SUBSECTION COMMITS A
13 SUMMARY OFFENSE.
14 (C) REAPPLICATION.--
15 (1) AN INDIVIDUAL WHOSE STATE REGISTRATION HAS BEEN
16 SUSPENDED MAY REAPPLY TO THE OFFICE TO HAVE IT REACTIVATED,
17 PURSUANT TO REGULATIONS ADOPTED BY THE OFFICE. AT A MINIMUM,
18 THE INDIVIDUAL MUST SHOW COMPLIANCE WITH ALL THE TERMS AND
19 CONDITIONS OF THE SUSPENSION ORDER AND SHALL PAY A
20 REACTIVATION FEE TO BE ESTABLISHED BY THE OFFICE BY
21 REGULATION.
22 (2) AN INDIVIDUAL WHOSE STATE REGISTRATION HAS BEEN
23 REVOKED MAY APPLY FOR A STATE REGISTRATION IN ACCORDANCE WITH
24 SECTION 5 NOT EARLIER THAN FIVE YEARS AFTER THE DATE THE
25 PREVIOUS STATE REGISTRATION WAS REVOKED.
26 SECTION 10. APPEALS.
27 AN INDIVIDUAL AGGRIEVED BY A DECISION OF THE OFFICE MAY
28 APPEAL THE DECISION OF THE OFFICE TO THE DEPARTMENT. THE APPEAL
29 SHALL BE CONDUCTED IN ACCORDANCE WITH 2 PA.C.S. CH. 5 SUBCH. A
30 (RELATING TO PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES).
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1 SECTION 11. EFFECT OF AN ORDER.
2 A DECISION OF THE OFFICE FROM WHICH NO TIMELY APPEAL IS TAKEN
3 TO THE DEPARTMENT OR AN ORDER OF THE DEPARTMENT FROM WHICH NO
4 TIMELY APPEAL IS TAKEN TO A COURT OF COMPETENT JURISDICTION
5 SHALL BE A FINAL ORDER AND SHALL BE ENFORCEABLE BY A COURT OF
6 COMPETENT JURISDICTION.
7 SECTION 12. INJUNCTIVE RELIEF.
8 IF AN INDIVIDUAL VIOLATES THIS ACT, THE DIRECTOR OF THE
9 OFFICE, THE STATE BOARD OF VOCATIONAL REHABILITATION OR AN
10 INDIVIDUAL RECEIVING INTERPRETING OR TRANSLITERATING SERVICES
11 MAY MAINTAIN AN ACTION IN A COURT OF COMPETENT JURISDICTION FOR
12 AN INJUNCTION OR OTHER PROCESS RESTRAINING OR PROHIBITING THE
13 PERSON FROM ENGAGING IN THE ACTIVITY. IN ANY PROCEEDING UNDER
14 THIS SECTION, IT SHALL NOT BE NECESSARY TO SHOW THAT AN
15 INDIVIDUAL WAS INDIVIDUALLY INJURED. IF THE COURT FINDS THAT AN
16 INDIVIDUAL HAS VIOLATED THIS ACT, IT SHALL ENJOIN THE INDIVIDUAL
17 FROM ENGAGING IN THE ACTIVITY UNTIL THE INDIVIDUAL COMPLIES WITH
18 THIS ACT.
19 SECTION 13. APPLICABILITY.
20 THE PROVISIONS OF THIS ACT SHALL APPLY TO INTERPRETING OR
21 TRANSLITERATING SERVICES PROVIDED ON OR AFTER JULY 1, 2005.
22 SECTION 14. EFFECTIVE DATE.
23 THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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