SENATE AMENDED PRIOR PRINTER'S NOS. 523, 2947, 4074 PRINTER'S NO. 4198
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, IN SENATE, JUNE 28, 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 18 have the meanings given to them in this section unless the
1 context clearly indicates otherwise: 2 "Applicant." An individual who is applying for registration 3 as a qualified interpreter or a qualified transliterator. 4 "Deaf." A natural person who is deaf and hard of hearing. 5 "Department." The Department of Labor and Industry of the 6 Commonwealth. 7 "Interpreting." The process of conveying English in 8 grammatically correct American Sign Language and the process of 9 conveying American Sign Language in grammatically correct 10 English. 11 "Office." The Office of Deaf and Hard of Hearing within the 12 Department of Labor and Industry. 13 "Qualified interpreter." An individual registered under this 14 act who engages in interpreting. 15 "Qualified transliterator." An individual registered under 16 this act who engages in transliterating. 17 "Registrant." An individual registered under this act as 18 either a qualified interpreter for the deaf or a qualified 19 transliterator. 20 "Transliterating." The process of conveying spoken or 21 written English in an English-based sign system and the process 22 of conveying an English-based sign system in spoken or written 23 English. 24 Section 3. Department responsibilities. 25 The department shall have the power and duty to do all of the 26 following: 27 (1) Administer this act. 28 (2) Register applicants in accordance with section 5. 29 (3) Maintain a list of all registered interpreters and 30 transliterators and make this list available upon request to 20030H0445B4198 - 2 -
1 the public and to Federal, State and local agencies. 2 (4) Promulgate regulations necessary to carry out the 3 provisions of this act. 4 Section 4. Registration required. 5 (a) Registration.--It shall be unlawful for a person to hold 6 himself out as a qualified interpreter, qualified transliterator 7 or to use similar titles or designations in any manner 8 whatsoever unless the person is currently registered under this 9 act. 10 (b) Exceptions.--A person who violates this section commits 11 a summary offense and shall, upon conviction, be sentenced to 12 pay a fine of not more than $300 or to imprisonment for not more 13 than 90 days, or both, for a first violation. A person who is 14 convicted of a subsequent violation of this section commits a 15 misdemeanor of the third degree and shall, upon conviction, be 16 sentenced to pay a fine of not less than $300 nor more than 17 $1,000 or to imprisonment for not more than 90 days, or both. 18 Section 5. Registration, qualifications, renewal fees and 19 records. 20 (a) Application.--An individual may apply to the office for 21 registration. The applicant shall submit to the office the 22 following: 23 (1) A completed application for registration. 24 (2) Payment of the required fee. 25 (3) Proof that the applicant meets one of the following 26 requirements: 27 (i) The applicant is certified by the National or 28 local Registry of Interpreters for the Deaf, Inc., or the 29 National Association of the Deaf. 30 (ii) The applicant meets registration requirements 20030H0445B4198 - 3 -
1 established by the office pursuant to its regulations. 2 (b) Renewal.--A registrant shall renew registration on a 3 biennial basis by submitting to the office the information and 4 fee required by subsection (a). 5 (c) Registration cards.--The office shall review each 6 completed application for registration and renewal and issue a 7 registration card to an applicant when it is satisfied that the 8 individual meets the criteria of this section. 9 (d) Fees.--The fee for registration or renewal of an 10 existing registration shall, unless modified by regulations, be 11 $10. 12 Section 6. Proof of registration. 13 A registrant shall provide proof of current registration 14 under this act to the person receiving transliterating or 15 interpreting services. 16 Section 7. Change of personal information. 17 A registrant shall notify the office of any change of name or 18 mailing address within ten days. 19 Section 8. Confidential communications. 20 A registrant who acquires information protected by law as a 21 confidential communication in the course of providing 22 interpreter or transliterator services to or on behalf of a 23 person who is deaf may not be required to disclose this 24 information in any legal proceeding, trial or investigation 25 before any governmental unit without the consent of the 26 individual receiving transliterating or interpreting services. A 27 registrant shall hold the legal privilege that applies to the 28 individual receiving the services. 29 Section 9. Registration violations. 30 (a) Violations.--The department shall have authority to 20030H0445B4198 - 4 -
1 impose disciplinary or corrective measures, or levy civil 2 penalties on a registrant for any or all of the following 3 reasons: 4 (1) Obtaining a registration or biennial renewal through 5 fraud, deceit or misrepresentation. 6 (2) Being convicted of a felony or of a crime in this 7 Commonwealth or any other jurisdiction relating to the 8 providing of transliterating or interpreting services. 9 (3) Being the subject of disciplinary or other 10 administrative action taken against a registration, 11 certification or license to provide transliterating or 12 interpreting services by the authority of another state or 13 government agency. 14 (4) Committing fraud, gross negligence or misconduct 15 relating to transliterating or interpreting services. 16 (5) Engaging in any other misconduct related to the 17 provision of transliterating or interpreting services as 18 determined by the office pursuant to its regulations. 19 (6) Being incompetent to provide interpreter or 20 transliterator services. 21 (7) Violating any provision of this act or the office's 22 regulations. 23 (8) Failure to comply with a lawful order entered in a 24 disciplinary proceeding under this act. 25 (b) Procedure.--Actions relating to violations of this act 26 under this section shall be subject to the right of notice, 27 hearing in adjudication in accordance with 2 Pa.C.S. (relating 28 to administrative law and procedure). The department shall have 29 the power to subpoena witnesses and to compel the production of 30 documents, books and papers in a hearing and to administer 20030H0445B4198 - 5 -
1 oaths. 2 Section 10. Disciplinary or corrective action. 3 (a) Action.--When the department is empowered to take action 4 for registration violations pursuant to this act, the department 5 may: 6 (1) Suspend, deny, refuse to renew or revoke a sign 7 language interpreter registration of an individual. 8 (2) Issue a public reprimand. 9 (3) Require the registrant to take refresher educational 10 courses or training. 11 (4) Require the registrant to provide transliterating or 12 interpreting services under supervision or other conditions 13 or restrictions as the department finds is in the best 14 interest of the public health and safety. 15 (b) Surrender of registration.--If a registration has been 16 suspended or revoked, the individual shall return the 17 registration to the office in the manner the office directs. An 18 individual who fails to return the registration in accordance 19 with this section commits a summary offense. 20 (c) Reapplication.--An individual whose registration has 21 been revoked may reapply for registration in accordance with 22 section 5 no earlier than five years after the date the previous 23 registration was revoked. 24 (d) Civil penalty.--In addition to any other action provided 25 for in this act, the department may levy a civil penalty of up 26 to $500 per violation on any registrant who violates this act or 27 upon any person who provides or offers to provide 28 transliterating or interpreting services without being currently 29 registered. The department shall levy this penalty only after 30 affording the accused party the opportunity for a hearing as 20030H0445B4198 - 6 -
1 provided for in section 9(b). 2 Section 11. Effect of order. 3 A decision and order of the department from which no timely 4 appeal is taken to a court of competent jurisdiction shall be a 5 final order and shall be enforceable by a court of competent 6 jurisdiction. 7 Section 12. Injunctive relief. 8 If an individual violates this act, the director of the 9 office, the office or an affected consumer of interpreting or 10 transliterating services may maintain an action in a court of 11 competent jurisdiction for an injunction or other process 12 restraining or prohibiting the individual from engaging in the 13 activity. In any proceeding under this section, it shall not be 14 necessary to show that any person is individually injured. If 15 the court finds that an individual has violated this act, it 16 shall enjoin the individual from engaging in the activity. 17 Section 13. Applicability. 18 The provisions of this act shall apply to any interpreting or 19 transliterating service that is provided on or after the July 1, 20 2004. 21 Section 14. Effective date. 22 This act shall take effect in 60 days. 23 SECTION 1. SHORT TITLE. <-- 24 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE SIGN LANGUAGE 25 INTERPRETER AND TRANSLITERATOR STATE REGISTRATION ACT. 26 SECTION 2. DEFINITIONS. 27 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL 28 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 29 CONTEXT CLEARLY INDICATES OTHERWISE: 30 "APPLICANT." AN INDIVIDUAL WHO APPLIES FOR STATE 20030H0445B4198 - 7 -
1 REGISTRATION IN ACCORDANCE WITH SECTION 5. 2 "DEPARTMENT." THE DEPARTMENT OF LABOR AND INDUSTRY OF THE 3 COMMONWEALTH. 4 "EIPA." THE EDUCATIONAL INTERPRETER PERFORMANCE ASSESSMENT 5 EXAMINATION ADMINISTERED BY THE DEPARTMENT OF EDUCATION OR ITS 6 AGENT. 7 "INTERPRETING." THE PROCESS OF CONVEYING ENGLISH IN 8 GRAMMATICALLY CORRECT AMERICAN SIGN LANGUAGE AND THE PROCESS OF 9 CONVEYING AMERICAN SIGN LANGUAGE IN ENGLISH. 10 "OFFICE." THE OFFICE FOR THE DEAF AND HARD OF HEARING WITHIN 11 THE DEPARTMENT OF LABOR AND INDUSTRY. 12 "QUALIFIED SIGN LANGUAGE INTERPRETER." AN INDIVIDUAL 13 REGISTERED UNDER THIS ACT WHO ENGAGES IN SIGN LANGUAGE 14 INTERPRETATION. 15 "QUALIFIED TRANSLITERATOR." AN INDIVIDUAL REGISTERED UNDER 16 THIS ACT WHO ENGAGES IN TRANSLITERATION. 17 "REGISTRANT." AN INDIVIDUAL REGISTERED UNDER THIS ACT AS 18 EITHER A QUALIFIED SIGN LANGUAGE INTERPRETER OR A QUALIFIED 19 TRANSLITERATOR. 20 "SIGN LANGUAGE INTERPRETER." AN INDIVIDUAL WHO PROVIDES 21 INDIVIDUALS WHO ARE DEAF AND HARD OF HEARING WITH INTERPRETING 22 OR TRANSLITERATING SERVICES. 23 "TRANSLITERATING." THE PROCESS OF CONVEYING A SPOKEN MESSAGE 24 FROM A PERSON WHO HEARS TO A PERSON WHO IS DEAF OR HARD OF 25 HEARING AND THE ABILITY TO REPEAT THE MESSAGE AND INTENT OF THE 26 SPEECH, MOUTH MOVEMENTS OR ENGLISH-BASED SIGNED SYSTEM OF THE 27 PERSON WHO IS DEAF OR HARD OF HEARING. 28 SECTION 3. OFFICE RESPONSIBILITIES. 29 THE OFFICE SHALL DO ALL OF THE FOLLOWING: 30 (1) ADMINISTER THIS ACT. 20030H0445B4198 - 8 -
1 (2) REGISTER APPLICANTS IN ACCORDANCE WITH SECTION 5. 2 (3) MAINTAIN A LIST OF ALL REGISTRANTS AND MAKE THE LIST 3 AVAILABLE UPON REQUEST TO THE PUBLIC AND TO FEDERAL, STATE 4 AND LOCAL AGENCIES. 5 (4) PROMULGATE REGULATIONS NECESSARY TO CARRY OUT THE 6 PROVISIONS OF THIS ACT. 7 SECTION 4. STATE REGISTRATION REQUIRED. 8 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), NO 9 INDIVIDUAL MAY PROVIDE OR OFFER TO PROVIDE SIGN LANGUAGE 10 INTERPRETING OR TRANSLITERATING SERVICES, OR HOLD HIMSELF AS A 11 QUALIFIED SIGN LANGUAGE INTERPRETER OR QUALIFIED TRANSLITERATOR 12 OR, USE A SIMILAR TITLE OR DESIGNATION, WITHOUT BEING STATE 13 REGISTERED BY THE OFFICE IN ACCORDANCE WITH THIS ACT. 14 (B) EXCEPTIONS.--THE FOLLOWING INDIVIDUALS ARE EXEMPT FROM 15 THE STATE REGISTRATION REQUIREMENTS OF SUBSECTION (A): 16 (1) AN INDIVIDUAL ENGAGED IN INTERPRETING OR 17 TRANSLITERATING AT A WORSHIP SERVICE CONDUCTED BY A RELIGIOUS 18 ENTITY AND SERVICES FOR EDUCATIONAL PURPOSES FOR A RELIGIOUS 19 ENTITY OR RELIGIOUSLY AFFILIATED SCHOOL. 20 (2) AN INDIVIDUAL ENGAGED IN SIGN LANGUAGE INTERPRETING 21 OR TRANSLITERATING DURING AN EMERGENCY, WHEN A DELAY IN 22 OBTAINING A STATE-REGISTERED INTERPRETER OR STATE-REGISTERED 23 TRANSLITERATOR MIGHT LEAD TO INJURY OR LOSS TO THE INDIVIDUAL 24 REQUIRING THE SERVICES. 25 (3) AN INDIVIDUAL ENGAGED IN INTERPRETING OR 26 TRANSLITERATING AS PART OF A SUPERVISED INTERNSHIP OR 27 PRACTICUM AT AN ACCREDITED COLLEGE OR UNIVERSITY, OR THE 28 REGISTRY OF INTERPRETERS FOR THE DEAF, OR THE NATIONAL 29 ASSOCIATION OF THE DEAF, PROVIDED IT IS NOT IN A LEGAL, 30 MEDICAL OR MENTAL HEALTH SETTING. 20030H0445B4198 - 9 -
1 (4) AN INDIVIDUAL WHO IS CERTIFIED BY THE NATIONAL 2 ASSOCIATION OF THE DEAF OR THE REGISTRY OF INTERPRETERS FOR 3 THE DEAF FROM OUTSIDE THE COMMONWEALTH WHO PROVIDES 4 INTERPRETING OR TRANSLITERING SERVICES IN THE COMMONWEALTH 5 FOR A PERIOD NOT EXCEEDING 14 DAYS EACH CALENDAR YEAR. 6 (5) AN INDIVIDUAL ENGAGED IN INTERPRETING OR 7 TRANSLITERATING AT THE REQUEST OF AN INDIVIDUAL WHO IS DEAF 8 OR HARD OF HEARING IF THE INDIVIDUAL INFORMS THE CLIENT THAT 9 THE INDIVIDUAL IS NOT REGISTERED UNDER THIS ACT. 10 (6) AN INDIVIDUAL WHO ENGAGES IN INTERPRETING OR 11 TRANSLITERATING STRICTLY AS A VOLUNTEER. 12 (7) AN INDIVIDUAL WHO ENGAGES IN INTERPRETING OR 13 TRANSLITERATING FOR A SCHOOL-RELATED ACTIVITY IN ACCORDANCE 14 WITH ALL OF THE FOLLOWING: 15 (I) THE INDIVIDUAL IS EMPLOYED IN A PUBLIC OR 16 PRIVATE ELEMENTARY OR SECONDARY SCHOOL OR INSTITUTION 17 CHARTERED BY THE COMMONWEALTH. 18 (II) THE INDIVIDUAL RECEIVED A RATING EQUAL TO OR 19 EXCEEDING 70% ON THE EIPA. A SCHOOL DISTRICT SHALL 20 DETERMINE THE EIPA BY GRADE LEVEL OF THE CHILD OR CLASS 21 TO WHICH THE INTERPRETER IS ASSIGNED AND THE SIGN SYSTEM 22 BEING USED BY THE CLASS OR SCHOOL. 23 (8) AN INDIVIDUAL ENGAGED IN INTERPRETING OR <-- 24 TRANSLITERATING IN A PHYSICIAN'S OFFICE, PROVIDED THAT A 25 PATIENT IS INFORMED THAT THE INDIVIDUAL IS NOT REGISTERED 26 UNDER THIS ACT AND THAT THE PATIENT HAS THE RIGHT TO REQUEST 27 OR PROVIDE A STATE-REGISTERED INTERPRETER. 28 (C) UNLAWFUL PRACTICE.--AN INDIVIDUAL WHO VIOLATES THIS 29 SECTION COMMITS A SUMMARY OFFENSE AND SHALL, UPON CONVICTION, BE 30 SENTENCED TO PAY A FINE NOT TO EXCEED $300 OR TO IMPRISONMENT 20030H0445B4198 - 10 -
1 FOR NOT MORE THAN 90 DAYS, OR BOTH, FOR A FIRST VIOLATION. AN 2 INDIVIDUAL WHO IS CONVICTED OF A SUBSEQUENT VIOLATION OF THIS 3 SECTION COMMITS A MISDEMEANOR OF THE THIRD DEGREE AND SHALL BE 4 SENTENCED TO PAY A FINE OF NOT LESS THAN $300 OR MORE THAN 5 $1,000 OR TO SERVE A TERM OF IMPRISONMENT FOR NOT MORE THAN 90 6 DAYS, OR BOTH. 7 SECTION 5. STATE REGISTRATION. 8 (A) APPLICATION.--AN INDIVIDUAL MAY APPLY TO THE OFFICE TO 9 BE A STATE-REGISTERED SIGN LANGUAGE INTERPRETER OR 10 TRANSLITERATOR. 11 (1) THE APPLICANT SHALL SUBMIT TO THE OFFICE ALL OF THE 12 FOLLOWING: 13 (I) A COMPLETED APPLICATION. 14 (II) PAYMENT OF ANY REQUIRED FEES. 15 (III) PROOF THAT THE APPLICANT HAS PASSED AN 16 EXAMINATION APPROVED BY THE OFFICE WHICH TESTS KNOWLEDGE, <-- 17 EXPERIENCE AND PROFICIENCY IN INTERPRETING AND 18 TRANSLITERATING. 19 (2) THE OFFICE SHALL REVIEW EACH COMPLETED APPLICATION 20 AND SHALL ISSUE A SIGN LANGUAGE INTERPRETER REGISTRATION TO 21 THE APPLICANT WHEN THE OFFICE IS SATISFIED THAT ALL OF THE 22 FOLLOWING CRITERIA HAVE BEEN MET: 23 (I) THE APPLICANT IS 18 YEARS OF AGE OR OLDER. 24 (II) THE APPLICANT HAS PASSED THE EXAMINATION 25 REQUIRED BY SUBSECTION (A). 26 (III) THE APPLICANT HAS PAID ALL APPLICABLE FEES 27 ESTABLISHED PURSUANT TO THIS ACT. 28 (IV) THE APPLICANT POSSESSES THE GENERAL FITNESS, 29 COMPETENCE AND RELIABILITY SUFFICIENT TO SATISFY THE 30 OFFICE THAT THE APPLICANT IS WORTHY OF THE STATE 20030H0445B4198 - 11 -
1 REGISTRATION. 2 (V) OTHER CRITERIA AS THE OFFICE MAY ESTABLISH BY 3 REGULATION. 4 (B) REGISTRATION.--A SIGN LANGUAGE INTERPRETER STATE 5 REGISTRATION ISSUED BY THE OFFICE SHALL BE: 6 (1) ISSUED ONLY IN THE NAME OF THE APPLICANT. 7 (2) ISSUED IN PAPER OR ELECTRONIC FORM. 8 (3) NONTRANSFERABLE. 9 (4) ISSUED FOR A PERIOD NOT TO EXCEED TWO YEARS. 10 (C) RENEWAL.--A REGISTRANT MAY RENEW A STATE REGISTRATION BY 11 SUBMITTING TO THE OFFICE THE INFORMATION REQUIRED BY SUBSECTION 12 (A) AND ANY APPLICABLE FEES. 13 (D) FEES.--THE FEE FOR STATE REGISTRATION OR RENEWAL OF AN 14 EXISTING STATE REGISTRATION SHALL, UNTIL MODIFIED BY REGULATION, 15 BE $100. 16 SECTION 6. CHANGE OF PERSONAL INFORMATION. 17 A REGISTRANT SHALL NOTIFY THE OFFICE OF ANY CHANGE OF NAME OR 18 MAILING ADDRESS WITHIN TEN DAYS OF THE CHANGE. 19 SECTION 7. CONFIDENTIAL COMMUNICATIONS. 20 EXCEPT AS PROVIDED BY LAW, A SIGN LANGUAGE INTERPRETER WHO 21 ACQUIRES CONFIDENTIAL INFORMATION WHILE INTERPRETING OR 22 TRANSLITERATING MAY NOT BE REQUIRED TO DISCLOSE THE INFORMATION 23 IN ANY LEGAL PROCEEDING, TRIAL OR INVESTIGATION BEFORE A 24 GOVERNMENTAL UNIT WITHOUT THE CONSENT OF THE INDIVIDUAL 25 RECEIVING INTERPRETING OR TRANSLITERATING SERVICES. THE SIGN 26 LANGUAGE INTERPRETER SHALL HOLD ANY LEGAL PRIVILEGE THAT THE 27 INDIVIDUAL RECEIVING THE SERVICES HOLDS. 28 SECTION 8. REGISTRATION VIOLATIONS. 29 (A) VIOLATIONS.--THE DEPARTMENT SHALL HAVE THE AUTHORITY TO 30 IMPOSE DISCIPLINARY OR CORRECTIVE MEASURES OR LEVY CIVIL 20030H0445B4198 - 12 -
1 PENALTIES ON A REGISTRANT FOR DOING ANY OR ALL OF THE FOLLOWING: 2 (1) OBTAIN A STATE REGISTRATION OR RENEWAL OF A 3 REGISTRATION THROUGH FRAUD, DECEIT OR MISREPRESENTATION; 4 (2) BE CONVICTED OF A FELONY OR A CRIME, IN THIS 5 COMMONWEALTH OR OTHER JURISDICTION, RELATING TO THE PROVISION 6 OF INTERPRETING OR TRANSLITERATING SERVICES; 7 (3) BE THE SUBJECT OF DISCIPLINARY OR OTHER 8 ADMINISTRATIVE ACTION TAKEN AGAINST THIS REGISTRATION, 9 CERTIFICATION OR LICENSE TO PROVIDE INTERPRETING OR 10 TRANSLITERATING SERVICES IN ANOTHER STATE BY A GOVERNMENT 11 AGENCY; 12 (4) COMMIT FRAUD, GROSS NEGLIGENCE OR MISCONDUCT 13 RELATING TO PROVISION OF INTERPRETING OR TRANSLITERATING 14 SERVICES AS DETERMINED BY THE OFFICE; 15 (5) ENGAGE IN ANY OTHER MISCONDUCT RELATING TO THE 16 PROVISION OF INTERPRETING OR TRANSLITERATING SERVICES AS 17 DETERMINED BY THE OFFICE; OR 18 (6) VIOLATE THE PROVISIONS OF THIS ACT OR THE 19 REGULATIONS PERTAINING TO THIS ACT AS ESTABLISHED BY THE 20 OFFICE. 21 (B) PROCEDURE.--IF THE DEPARTMENT FINDS A VIOLATION OF 22 SUBSECTION (A), IT SHALL GIVE WRITTEN NOTICE TO THE REGISTRANT 23 SPECIFYING THE VIOLATION OR VIOLATIONS FOUND. THE DEPARTMENT MAY 24 ASSESS AN ADMINISTRATIVE FINE NOT TO EXCEED $500 FOR EACH 25 VIOLATION. IN SETTING THE FINE, THE DEPARTMENT SHALL CONSIDER 26 THE SEVERITY OF THE VIOLATION AND WHETHER THERE IS A PATTERN OF 27 VIOLATIONS. 28 SECTION 9. SUSPENSION, DENIAL, NONRENEWAL OR REVOCATION OF 29 STATE REGISTRATION. 30 (A) ACTION.--ACTIONS RELATING TO VIOLATIONS OF THIS ACT 20030H0445B4198 - 13 -
1 UNDER THIS SECTION SHALL BE SUBJECT TO THE RIGHT OF NOTICE, 2 HEARING IN ADJUDICATION IN ACCORDANCE WITH 2 PA.C.S. (RELATING 3 TO ADMINISTRATIVE LAW AND PROCEDURE). WHEN THE DEPARTMENT IS 4 EMPOWERED TO TAKE ACTION FOR REGISTRATION VIOLATIONS PURSUANT TO 5 THIS ACT, THE DEPARTMENT MAY: 6 (1) INDEFINITELY SUSPEND, SUSPEND FOR A TERM CERTAIN, 7 REFUSE TO ISSUE, REFUSE TO RENEW OR REVOKE A STATE 8 REGISTRATION. 9 (2) ISSUE A PUBLIC REPRIMAND. 10 (3) REQUIRE THE REGISTRANT TO TAKE A REFRESHER 11 EDUCATIONAL COURSE OR TRAINING. 12 (B) SURRENDER OF STATE REGISTRATION.--IF A REGISTRANT'S 13 STATE REGISTRATION HAS BEEN SUSPENDED OR REVOKED, THE REGISTRANT 14 SHALL RETURN THE STATE REGISTRATION TO THE OFFICE IN THE MANNER 15 THE OFFICE DIRECTS. AN INDIVIDUAL WHO FAILS TO RETURN A STATE 16 REGISTRATION IN ACCORDANCE WITH THIS SUBSECTION COMMITS A 17 SUMMARY OFFENSE. 18 (C) REAPPLICATION.-- 19 (1) AN INDIVIDUAL WHOSE STATE REGISTRATION HAS BEEN 20 SUSPENDED MAY REAPPLY TO THE OFFICE TO HAVE IT REACTIVATED, 21 PURSUANT TO REGULATIONS ADOPTED BY THE OFFICE. AT A MINIMUM, 22 THE INDIVIDUAL MUST SHOW COMPLIANCE WITH ALL THE TERMS AND 23 CONDITIONS OF THE SUSPENSION ORDER AND SHALL PAY A 24 REACTIVATION FEE TO BE ESTABLISHED BY THE OFFICE BY 25 REGULATION. 26 (2) AN INDIVIDUAL WHOSE STATE REGISTRATION HAS BEEN 27 REVOKED MAY APPLY FOR A STATE REGISTRATION IN ACCORDANCE WITH 28 SECTION 5 NOT EARLIER THAN FIVE YEARS AFTER THE DATE THE 29 PREVIOUS STATE REGISTRATION WAS REVOKED. 30 SECTION 10. APPEALS. 20030H0445B4198 - 14 -
1 AN INDIVIDUAL AGGRIEVED BY A DECISION OF THE OFFICE MAY 2 APPEAL THE DECISION OF THE OFFICE TO THE DEPARTMENT. THE APPEAL 3 SHALL BE CONDUCTED IN ACCORDANCE WITH 2 PA.C.S. CH. 5 SUBCH. A 4 (RELATING TO PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES). 5 SECTION 11. EFFECT OF AN ORDER. 6 A DECISION OF THE OFFICE FROM WHICH NO TIMELY APPEAL IS TAKEN 7 TO THE DEPARTMENT OR AN ORDER OF THE DEPARTMENT FROM WHICH NO 8 TIMELY APPEAL IS TAKEN TO A COURT OF COMPETENT JURISDICTION 9 SHALL BE A FINAL ORDER AND SHALL BE ENFORCEABLE BY A COURT OF 10 COMPETENT JURISDICTION. 11 SECTION 12. INJUNCTIVE RELIEF. 12 IF AN INDIVIDUAL VIOLATES THIS ACT, THE DIRECTOR OF THE <-- 13 OFFICE, THE STATE BOARD OF VOCATIONAL REHABILITATION DEPARTMENT <-- 14 OR AN INDIVIDUAL RECEIVING INTERPRETING OR TRANSLITERATING 15 SERVICES MAY MAINTAIN BRING AN ACTION IN A COURT OF COMPETENT <-- 16 JURISDICTION FOR AN INJUNCTION OR OTHER PROCESS RESTRAINING OR 17 PROHIBITING THE PERSON FROM ENGAGING IN THE ACTIVITY. IN ANY 18 PROCEEDING UNDER THIS SECTION, IT SHALL NOT BE NECESSARY TO SHOW 19 THAT AN INDIVIDUAL WAS INDIVIDUALLY INJURED. IF THE COURT FINDS 20 THAT AN INDIVIDUAL HAS VIOLATED THIS ACT, IT SHALL ENJOIN THE 21 INDIVIDUAL FROM ENGAGING IN THE ACTIVITY UNTIL THE INDIVIDUAL 22 COMPLIES WITH THIS ACT. 23 SECTION 13. APPLICABILITY. 24 THE PROVISIONS OF THIS ACT SHALL APPLY TO INTERPRETING OR 25 TRANSLITERATING SERVICES PROVIDED ON OR AFTER JULY 1, 2005. 26 SECTION 14. EFFECTIVE DATE. 27 THIS ACT SHALL TAKE EFFECT IN 60 DAYS. G28L63RZ/20030H0445B4198 - 15 -