PRIOR PRINTER'S NO. 523 PRINTER'S NO. 2947
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
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, NOVEMBER 18, 2003
AN ACT 1 Providing for the licensure of individuals providing sign <-- 2 language interpreting and transliterating services to 3 individuals who are deaf or hard of hearing; and imposing 4 duties on the Office for the Deaf and Hard of Hearing in the 5 Department of Labor and Industry. 6 PROVIDING FOR THE ESTABLISHMENT OF STANDARDS FOR PROVIDING SIGN <-- 7 LANGUAGE INTERPRETING AND TRANSLITERATING SERVICES FOR 8 INDIVIDUALS WHO ARE DEAF OR HARD OF HEARING IN THIS 9 COMMONWEALTH WHO HOLD THEMSELVES OUT AS QUALIFIED SIGN 10 LANGUAGE INTERPRETERS AND TRANSLITERATORS. 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 Licensing Act. 16 Section 2. Definitions. 17 The following words and phrases when used in this act shall 18 have the meanings given to them in this section unless the
1 context clearly indicates otherwise: 2 "Applicant." An individual who applies for a license in 3 accordance with section 5. 4 "Department." The Department of Labor and Industry of the 5 Commonwealth. 6 "EIPA." The Educational Interpreter Performance Assessment 7 Examination administered by the Department of Education or its 8 agent. 9 "Interpreting." The process of conveying English in 10 grammatically correct American Sign Language and the process of 11 conveying American Sign Language in English. 12 "Licensee." An individual licensed as a sign language 13 interpreter under section 5. 14 "Office." The Office for the Deaf and Hard of Hearing within 15 the Department of Labor and Industry. 16 "Sign language interpreter." An individual who provides 17 individuals who are deaf and hard of hearing with interpreting 18 or transliterating services. 19 "Transliterating." The process of conveying spoken or 20 written English in an English-based sign system and the process 21 of conveying an English-based sign system in spoken or written 22 English. 23 Section 3. Office responsibilities. 24 The office shall do all of the following: 25 (1) Administer this act. 26 (2) License applicants in accordance with section 5. 27 (3) Maintain a list of all licensees and make this list 28 available upon request to the public and to Federal, State 29 and local agencies. 30 (4) Promulgate regulations necessary to carry out the 20030H0445B2947 - 2 -
1 provisions of this act. 2 Section 4. License required. 3 (a) General rule.--Except as provided in subsection (b), no 4 individual may provide or offer to provide interpreting or 5 transliterating services, hold himself out as a sign language 6 interpreter or use a similar title or designation without being 7 licensed as a sign language interpreter by the office in 8 accordance with this act. 9 (b) Exceptions.--The following individuals are exempt from 10 the licensure requirements of subsection (a): 11 (1) An individual engaged in interpreting or 12 transliterating at a worship service conducted by a religious 13 entity and services for educational purposes for a religious 14 entity or religiously affiliated school. 15 (2) An individual engaged in interpreting or 16 transliterating during an emergency. An emergency arises 17 when, after attempting to obtain the services of a licensee, 18 an individual who is deaf or hard of hearing determines that 19 the delay in obtaining a licensee might lead to injury or 20 loss to the individual requiring the services. 21 (3) An individual engaged in interpreting or 22 transliterating as part of a supervised internship or 23 practicum at an accredited college or university provided it 24 is not in a legal, medical or mental health setting. 25 (4) An individual from outside this Commonwealth who 26 provides interpreting or transliterating services in this 27 Commonwealth for a period not exceeding 14 days each calendar 28 year. 29 (5) An individual engaged in interpreting or 30 transliterating at the request of an individual who is deaf 20030H0445B2947 - 3 -
1 or hard of hearing if the individual informs the client that 2 the individual is not licensed under this act. 3 (6) An individual who engages in interpreting or 4 transliterating strictly as a volunteer. 5 (7) An individual who engages in interpreting or 6 transliterating for a school-related activity in accordance 7 with all of the following: 8 (i) The individual is employed in the public or 9 private elementary or secondary school or institution 10 chartered by the Commonwealth. 11 (ii) The individual received a rating exceeding 70% 12 on the EIPA. A school district shall determine the EIPA 13 by the grade level of the child or class to which the 14 interpreter is assigned and the sign system being used by 15 the class or school. 16 (c) Effect of exemption.--An individual exempted for 17 licensure under subsection (b) may not utilize the title sign 18 language interpreter or similar titles or designations or 19 indicate licensure under this act. 20 (d) Unlawful practice.--An individual who violates this 21 section commits a summary offense and shall, upon conviction, be 22 sentenced to pay a fine not to exceed $300 or to imprisonment 23 for not more than 90 days, or both, for a first violation. An 24 individual who is convicted of a subsequent violation of this 25 section commits a misdemeanor of the third degree and shall be 26 sentenced to pay a fine not less than $300 nor more than $1,000 27 or to serve a term of imprisonment for not more than 90 days, or 28 both. 29 Section 5. Licensure. 30 (a) Application.--An individual may apply to the office for 20030H0445B2947 - 4 -
1 a sign language interpreter license. The applicant shall submit 2 to the office all of the following: 3 (1) A completed application. 4 (2) Payment of any required fees. 5 (3) Proof that the applicant has met one of the 6 following requirements: 7 (i) Passed an examination approved by the office 8 which tests knowledge, experience and proficiency in 9 interpreting and transliterating. 10 (ii) Passed an examination similar to the 11 examination required by subparagraph (i). 12 (b) Licensing.--The office shall review each completed 13 application and shall issue a sign language interpreter license 14 to the applicant when the office is satisfied that all of the 15 following criteria have been met: 16 (1) The applicant is 18 years of age or older. 17 (2) The applicant has passed the examination required by 18 subsection (a). 19 (3) The applicant has paid all applicable fees 20 established pursuant to this act. 21 (4) The applicant possesses the general fitness, 22 competence and reliability sufficient to satisfy the office 23 that the applicant is worthy of licensure. 24 (5) Other criteria as the office may establish by 25 regulation. 26 (c) License.--A sign language interpreter license issued by 27 the office shall be: 28 (1) Issued only in the name of the applicant. 29 (2) Issued in paper or electronic form. 30 (3) Nontransferable. 20030H0445B2947 - 5 -
1 (4) Issued for a period not to exceed two years. 2 (d) Renewal.--A licensee may renew a license by submitting 3 to the office the information required by subsection (a) and any 4 applicable fees. 5 (e) Fees.--The fee for licensure or renewal of an existing 6 license shall, until modified by regulation, be $10. 7 Section 6. Change of personal information. 8 A licensee shall notify the office of any change of name or 9 mailing address within ten days. 10 Section 7. Confidential communications. 11 Except as provided by law, a sign language interpreter who 12 acquires confidential information while interpreting or 13 transliterating may not be required to disclose the information 14 in any legal proceeding, trial or investigation before a 15 governmental unit without the consent of the individual 16 receiving interpreting or transliterating. The sign language 17 interpreter shall hold any legal privilege that the individual 18 receiving the services holds. 19 Section 8. License violations. 20 (a) Violations.--A licensee shall not do any of the 21 following: 22 (1) Obtain a license or renewal of a license through 23 fraud, deceit or misrepresentation. 24 (2) Be convicted of a felony or a crime, in this 25 Commonwealth or other jurisdiction, relating to the provision 26 of transliterating or interpreting services. 27 (3) Be the subject of disciplinary or other 28 administrative action taken against this registration, 29 certification, license or authority to provide 30 transliterating or interpreting services in another state or 20030H0445B2947 - 6 -
1 by a government agency. 2 (4) Commit fraud, gross negligence or misconduct 3 relating to transliterating or interpreting services. 4 (5) Engage in any other misconduct relating to the 5 provision of transliterating or interpreting services as 6 determined by the office. 7 (6) Violate the provisions of this act. 8 (b) Procedure.--If the office finds a violation of 9 subsection (a), it shall give written notice to the licensee 10 specifying the violation or violations found. The office may 11 assess an administrative fine not to exceed $500 for each 12 violation. In setting the fine, the office shall consider the 13 severity of the violation and whether there is a pattern of 14 violations. 15 Section 9. Suspension, denial, nonrenewal or revocation of a 16 license. 17 (a) Action.--The office may suspend, deny, refuse to renew 18 or revoke a sign language interpreter license of an individual 19 for a violation of section 8(a). 20 (b) Surrender of license.--If a licensee's license has been 21 suspended or revoked, the licensee shall return the license to 22 the office in the manner the office directs. An individual who 23 fails to return a license in accordance with this subsection 24 commits a summary offense. 25 (c) Reapplication.--An individual whose license has been 26 revoked may apply for a license in accordance with section 5 not 27 earlier than five years after the date the previous license was 28 revoked. 29 Section 10. Appeals. 30 An individual aggrieved by a decision of the office may 20030H0445B2947 - 7 -
1 appeal the decision of the office to the department. The appeal 2 shall be conducted in accordance with 2 Pa.C.S. Ch. 5 Subch. A 3 (relating to practice and procedure of Commonwealth agencies). 4 Section 11. Effect of an order. 5 A decision of the office from which no timely appeal is taken 6 to the department or an order of the department from which no 7 timely appeal is taken to a court of competent jurisdiction 8 shall be a final order and shall be enforceable by a court of 9 competent jurisdiction. 10 Section 12. Injunctive relief. 11 If a person violates this act, the director of the office, 12 the State Board of Vocational Rehabilitation or an affected 13 consumer of interpreting or transliterating services may 14 maintain an action in a court of competent jurisdiction for an 15 injunction or other process restraining or prohibiting the 16 person from engaging in the activity. In any proceeding under 17 this section, it shall not be necessary to show that an 18 individual was individually injured. If the court finds that an 19 individual has violated this act, it shall enjoin the individual 20 from engaging in the activity until the individual complies with 21 this act. 22 Section 13. Applicability. 23 The provisions of this act shall apply to interpreting or 24 transliterating services provided on or after July 1, 2004. 25 Section 14. Effective date. 26 This act shall take effect in 60 days. 27 SECTION 1. SHORT TITLE. <-- 28 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE SIGN LANGUAGE 29 INTERPRETERS AND TRANSLITERATORS REGISTRATION ACT. 30 SECTION 2. DEFINITIONS. 20030H0445B2947 - 8 -
1 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL 2 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 3 CONTEXT CLEARLY INDICATES OTHERWISE: 4 "APPLICANT." AN INDIVIDUAL WHO IS APPLYING FOR REGISTRATION 5 AS A QUALIFIED INTERPRETER OR A QUALIFIED TRANSLITERATOR. 6 "DEAF." A NATURAL PERSON WHO IS DEAF AND HARD OF HEARING. 7 "DEPARTMENT." THE DEPARTMENT OF LABOR AND INDUSTRY OF THE 8 COMMONWEALTH. 9 "INTERPRETING." THE PROCESS OF CONVEYING ENGLISH IN 10 GRAMMATICALLY CORRECT AMERICAN SIGN LANGUAGE AND THE PROCESS OF 11 CONVEYING AMERICAN SIGN LANGUAGE IN GRAMMATICALLY CORRECT 12 ENGLISH. 13 "OFFICE." THE OFFICE OF DEAF AND HARD OF HEARING WITHIN THE 14 DEPARTMENT OF LABOR AND INDUSTRY. 15 "QUALIFIED INTERPRETER." AN INDIVIDUAL REGISTERED UNDER THIS 16 ACT WHO ENGAGES IN INTERPRETING. 17 "QUALIFIED TRANSLITERATOR." AN INDIVIDUAL REGISTERED UNDER 18 THIS ACT WHO ENGAGES IN TRANSLITERATING. 19 "REGISTRANT." AN INDIVIDUAL REGISTERED UNDER THIS ACT AS 20 EITHER A QUALIFIED INTERPRETER FOR THE DEAF OR A QUALIFIED 21 TRANSLITERATOR. 22 "TRANSLITERATING." THE PROCESS OF CONVEYING SPOKEN OR 23 WRITTEN ENGLISH IN AN ENGLISH-BASED SIGN SYSTEM AND THE PROCESS 24 OF CONVEYING AN ENGLISH-BASED SIGN SYSTEM IN SPOKEN OR WRITTEN 25 ENGLISH. 26 SECTION 3. DEPARTMENT RESPONSIBILITIES. 27 THE DEPARTMENT SHALL HAVE THE POWER AND DUTY TO DO ALL OF THE 28 FOLLOWING: 29 (1) ADMINISTER THIS ACT. 30 (2) REGISTER APPLICANTS IN ACCORDANCE WITH SECTION 5. 20030H0445B2947 - 9 -
1 (3) MAINTAIN A LIST OF ALL REGISTERED INTERPRETERS AND 2 TRANSLITERATORS AND MAKE THIS LIST AVAILABLE UPON REQUEST TO 3 THE PUBLIC AND TO FEDERAL, STATE AND LOCAL AGENCIES. 4 (4) PROMULGATE REGULATIONS NECESSARY TO CARRY OUT THE 5 PROVISIONS OF THIS ACT. 6 SECTION 4. REGISTRATION REQUIRED. 7 (A) REGISTRATION.--IT SHALL BE UNLAWFUL FOR A PERSON TO HOLD 8 HIMSELF OUT AS A QUALIFIED INTERPRETER, QUALIFIED TRANSLITERATOR 9 OR TO USE SIMILAR TITLES OR DESIGNATIONS IN ANY MANNER 10 WHATSOEVER UNLESS THE PERSON IS CURRENTLY REGISTERED UNDER THIS 11 ACT. 12 (B) EXCEPTIONS.--A PERSON WHO VIOLATES THIS SECTION COMMITS 13 A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE SENTENCED TO 14 PAY A FINE OF NOT MORE THAN $300 OR TO IMPRISONMENT FOR NOT MORE 15 THAN 90 DAYS, OR BOTH, FOR A FIRST VIOLATION. A PERSON WHO IS 16 CONVICTED OF A SUBSEQUENT VIOLATION OF THIS SECTION COMMITS A 17 MISDEMEANOR OF THE THIRD DEGREE AND SHALL, UPON CONVICTION, BE 18 SENTENCED TO PAY A FINE OF NOT LESS THAN $300 NOR MORE THAN 19 $1,000 OR TO IMPRISONMENT FOR NOT MORE THAN 90 DAYS, OR BOTH. 20 SECTION 5. REGISTRATION, QUALIFICATIONS, RENEWAL FEES AND 21 RECORDS. 22 (A) APPLICATION.--AN INDIVIDUAL MAY APPLY TO THE OFFICE FOR 23 REGISTRATION. THE APPLICANT SHALL SUBMIT TO THE OFFICE THE 24 FOLLOWING: 25 (1) A COMPLETED APPLICATION FOR REGISTRATION. 26 (2) PAYMENT OF THE REQUIRED FEE. 27 (3) PROOF THAT THE APPLICANT MEETS ONE OF THE FOLLOWING 28 REQUIREMENTS: 29 (I) THE APPLICANT IS CERTIFIED BY THE NATIONAL OR 30 LOCAL REGISTRY OF INTERPRETERS FOR THE DEAF, INC., OR THE 20030H0445B2947 - 10 -
1 NATIONAL ASSOCIATION OF THE DEAF. 2 (II) THE APPLICANT MEETS REGISTRATION REQUIREMENTS 3 ESTABLISHED BY THE OFFICE PURSUANT TO ITS REGULATIONS. 4 (B) RENEWAL.--A REGISTRANT SHALL RENEW REGISTRATION ON A 5 BIENNIAL BASIS BY SUBMITTING TO THE OFFICE THE INFORMATION AND 6 FEE REQUIRED BY SUBSECTION (A). 7 (C) REGISTRATION CARDS.--THE OFFICE SHALL REVIEW EACH 8 COMPLETED APPLICATION FOR REGISTRATION AND RENEWAL AND ISSUE A 9 REGISTRATION CARD TO AN APPLICANT WHEN IT IS SATISFIED THAT THE 10 INDIVIDUAL MEETS THE CRITERIA OF THIS SECTION. 11 (D) FEES.--THE FEE FOR REGISTRATION OR RENEWAL OF AN 12 EXISTING REGISTRATION SHALL, UNLESS MODIFIED BY REGULATIONS, BE 13 $10. 14 SECTION 6. PROOF OF REGISTRATION. 15 A REGISTRANT SHALL PROVIDE PROOF OF CURRENT REGISTRATION 16 UNDER THIS ACT TO THE PERSON RECEIVING TRANSLITERATING OR 17 INTERPRETING SERVICES. 18 SECTION 7. CHANGE OF PERSONAL INFORMATION. 19 A REGISTRANT SHALL NOTIFY THE OFFICE OF ANY CHANGE OF NAME OR 20 MAILING ADDRESS WITHIN TEN DAYS. 21 SECTION 8. CONFIDENTIAL COMMUNICATIONS. 22 A REGISTRANT WHO ACQUIRES INFORMATION PROTECTED BY LAW AS A 23 CONFIDENTIAL COMMUNICATION IN THE COURSE OF PROVIDING 24 INTERPRETER OR TRANSLITERATOR SERVICES TO OR ON BEHALF OF A 25 PERSON WHO IS DEAF MAY NOT BE REQUIRED TO DISCLOSE THIS 26 INFORMATION IN ANY LEGAL PROCEEDING, TRIAL OR INVESTIGATION 27 BEFORE ANY GOVERNMENTAL UNIT WITHOUT THE CONSENT OF THE 28 INDIVIDUAL RECEIVING TRANSLITERATING OR INTERPRETING SERVICES. A 29 REGISTRANT SHALL HOLD THE LEGAL PRIVILEGE THAT APPLIES TO THE 30 INDIVIDUAL RECEIVING THE SERVICES. 20030H0445B2947 - 11 -
1 SECTION 9. REGISTRATION VIOLATIONS. 2 (A) VIOLATIONS.--THE DEPARTMENT SHALL HAVE AUTHORITY TO 3 IMPOSE DISCIPLINARY OR CORRECTIVE MEASURES, OR LEVY CIVIL 4 PENALTIES ON A REGISTRANT FOR ANY OR ALL OF THE FOLLOWING 5 REASONS: 6 (1) OBTAINING A REGISTRATION OR BIENNIAL RENEWAL THROUGH 7 FRAUD, DECEIT OR MISREPRESENTATION. 8 (2) BEING CONVICTED OF A FELONY OR OF A CRIME IN THIS 9 COMMONWEALTH OR ANY OTHER JURISDICTION RELATING TO THE 10 PROVIDING OF TRANSLITERATING OR INTERPRETING SERVICES. 11 (3) BEING THE SUBJECT OF DISCIPLINARY OR OTHER 12 ADMINISTRATIVE ACTION TAKEN AGAINST A REGISTRATION, 13 CERTIFICATION OR LICENSE TO PROVIDE TRANSLITERATING OR 14 INTERPRETING SERVICES BY THE AUTHORITY OF ANOTHER STATE OR 15 GOVERNMENT AGENCY. 16 (4) COMMITTING FRAUD, GROSS NEGLIGENCE OR MISCONDUCT 17 RELATING TO TRANSLITERATING OR INTERPRETING SERVICES. 18 (5) ENGAGING IN ANY OTHER MISCONDUCT RELATED TO THE 19 PROVISION OF TRANSLITERATING OR INTERPRETING SERVICES AS 20 DETERMINED BY THE OFFICE PURSUANT TO ITS REGULATIONS. 21 (6) BEING INCOMPETENT TO PROVIDE INTERPRETER OR 22 TRANSLITERATOR SERVICES. 23 (7) VIOLATING ANY PROVISION OF THIS ACT OR THE OFFICE'S 24 REGULATIONS. 25 (8) FAILURE TO COMPLY WITH A LAWFUL ORDER ENTERED IN A 26 DISCIPLINARY PROCEEDING UNDER THIS ACT. 27 (B) PROCEDURE.--ACTIONS RELATING TO VIOLATIONS OF THIS ACT 28 UNDER THIS SECTION SHALL BE SUBJECT TO THE RIGHT OF NOTICE, 29 HEARING IN ADJUDICATION IN ACCORDANCE WITH 2 PA.C.S. (RELATING 30 TO ADMINISTRATIVE LAW AND PROCEDURE). THE DEPARTMENT SHALL HAVE 20030H0445B2947 - 12 -
1 THE POWER TO SUBPOENA WITNESSES AND TO COMPEL THE PRODUCTION OF 2 DOCUMENTS, BOOKS AND PAPERS IN A HEARING AND TO ADMINISTER 3 OATHS. 4 SECTION 10. DISCIPLINARY OR CORRECTIVE ACTION. 5 (A) ACTION.--WHEN THE DEPARTMENT IS EMPOWERED TO TAKE ACTION 6 FOR REGISTRATION VIOLATIONS PURSUANT TO THIS ACT, THE DEPARTMENT 7 MAY: 8 (1) SUSPEND, DENY, REFUSE TO RENEW OR REVOKE A SIGN 9 LANGUAGE INTERPRETER REGISTRATION OF AN INDIVIDUAL. 10 (2) ISSUE A PUBLIC REPRIMAND. 11 (3) REQUIRE THE REGISTRANT TO TAKE REFRESHER EDUCATIONAL 12 COURSES OR TRAINING. 13 (4) REQUIRE THE REGISTRANT TO PROVIDE TRANSLITERATING OR 14 INTERPRETING SERVICES UNDER SUPERVISION OR OTHER CONDITIONS 15 OR RESTRICTIONS AS THE DEPARTMENT FINDS IS IN THE BEST 16 INTEREST OF THE PUBLIC HEALTH AND SAFETY. 17 (B) SURRENDER OF REGISTRATION.--IF A REGISTRATION HAS BEEN 18 SUSPENDED OR REVOKED, THE INDIVIDUAL SHALL RETURN THE 19 REGISTRATION TO THE OFFICE IN THE MANNER THE OFFICE DIRECTS. AN 20 INDIVIDUAL WHO FAILS TO RETURN THE REGISTRATION IN ACCORDANCE 21 WITH THIS SECTION COMMITS A SUMMARY OFFENSE. 22 (C) REAPPLICATION.--AN INDIVIDUAL WHOSE REGISTRATION HAS 23 BEEN REVOKED MAY REAPPLY FOR REGISTRATION IN ACCORDANCE WITH 24 SECTION 5 NO EARLIER THAN FIVE YEARS AFTER THE DATE THE PREVIOUS 25 REGISTRATION WAS REVOKED. 26 (D) CIVIL PENALTY.--IN ADDITION TO ANY OTHER ACTION PROVIDED 27 FOR IN THIS ACT, THE DEPARTMENT MAY LEVY A CIVIL PENALTY OF UP 28 TO $500 PER VIOLATION ON ANY REGISTRANT WHO VIOLATES THIS ACT OR 29 UPON ANY PERSON WHO PROVIDES OR OFFERS TO PROVIDE 30 TRANSLITERATING OR INTERPRETING SERVICES WITHOUT BEING CURRENTLY 20030H0445B2947 - 13 -
1 REGISTERED. THE DEPARTMENT SHALL LEVY THIS PENALTY ONLY AFTER 2 AFFORDING THE ACCUSED PARTY THE OPPORTUNITY FOR A HEARING AS 3 PROVIDED FOR IN SECTION 9(B). 4 SECTION 11. EFFECT OF ORDER. 5 A DECISION AND ORDER OF THE DEPARTMENT FROM WHICH NO TIMELY 6 APPEAL IS TAKEN TO A COURT OF COMPETENT JURISDICTION SHALL BE A 7 FINAL ORDER AND SHALL BE ENFORCEABLE BY A COURT OF COMPETENT 8 JURISDICTION. 9 SECTION 12. INJUNCTIVE RELIEF. 10 IF AN INDIVIDUAL VIOLATES THIS ACT, THE DIRECTOR OF THE 11 OFFICE, THE OFFICE OR AN AFFECTED CONSUMER OF INTERPRETING OR 12 TRANSLITERATING SERVICES MAY MAINTAIN AN ACTION IN A COURT OF 13 COMPETENT JURISDICTION FOR AN INJUNCTION OR OTHER PROCESS 14 RESTRAINING OR PROHIBITING THE INDIVIDUAL FROM ENGAGING IN THE 15 ACTIVITY. IN ANY PROCEEDING UNDER THIS SECTION, IT SHALL NOT BE 16 NECESSARY TO SHOW THAT ANY PERSON IS INDIVIDUALLY INJURED. IF 17 THE COURT FINDS THAT AN INDIVIDUAL HAS VIOLATED THIS ACT, IT 18 SHALL ENJOIN THE INDIVIDUAL FROM ENGAGING IN THE ACTIVITY. 19 SECTION 13. APPLICABILITY. 20 THE PROVISIONS OF THIS ACT SHALL APPLY TO ANY INTERPRETING OR 21 TRANSLITERATING SERVICE THAT IS PROVIDED ON OR AFTER THE JULY 1, 22 2004. 23 SECTION 14. EFFECTIVE DATE. 24 THIS ACT SHALL TAKE EFFECT IN 60 DAYS. G28L63RZ/20030H0445B2947 - 14 -