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        PRIOR PRINTER'S NO. 523                       PRINTER'S NO. 2947

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.




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