S.D. Admin. R. 46:31:01:05

Current through Register Vol. 51, page 67, December 16, 2024

Section 46:31:01:05 - Denial, suspension, or revocation of certificate

The department may suspend, deny, or revoke a registration or a certificate for any of the following causes:

(1) The interpreter is convicted of a felony which makes the interpreter unfit to serve the public as an interpreter;

(2) The interpreter impersonates another person holding registration or interpreter certification with the department;

(3) The interpreter allows another person to use the interpreter's registration or certificate;

(4) The interpreter uses fraud, deception, or misrepresentation in the registration or certification process;

(5) The interpreter is adjudicated mentally incompetent by a court of competent jurisdiction;

(6) The interpreter harasses, abuses, or threatens anyone while providing interpreter services;

(7) The interpreter intentionally divulges confidential information relating to the certification process, including content, topic, vocabulary, skills, or any other testing materials;

(8) The interpreter does not keep all information in any interpreting situation in strictest confidence;

(9) The interpreter knowingly does not transmit all messages accurately and convey the content and mood of the speaker;

(10) The interpreter does not provide interpreting services that are competent, impartial, and professional;

(11) The interpreter counsels, advises, or interjects personal opinions in any interpreting situation; or

(12) The interpreter does not provide to the consumer information on consumer's rights and the role and appropriate use of interpreting services when requested;

(13) The interpreter was the subject of substantiated complaints prior to achieving South Dakota interpreter certification, or has lost or been denied certification or registration in another jurisdiction;

(14) The interpreter fails to meet the minimum requirements for certification or recertification as provided in this chapter; or

(15) The interpreter fails to adhere to the Code of Professional Conduct, effective July 1, 2005, as adopted by the National Association of the Deaf and the Registry of Interpreters for the Deaf.

S.D. Admin. R. 46:31:01:05

14 SDR 54, effective 10/15/1987; transferred from § 71:04:01:05, SL 1989, ch 21, § 5, effective 7/1/1989; provision on denial of level of certification transferred to §46:31:01:03.01, 19 SDR 68, effective 11/8/1992; 23 SDR 16, effective 8/8/1996; 24 SDR 190, effective 7/16/1998; 28 SDR 84, effective 12/20/2001; 33 SDR 107, effective 12/26/2006; 37 SDR 111, effective 12/7/2010; 49 SDR 048, effective 11/22/2022

General Authority: SDCL 1-36A-12.

Law Implemented: SDCL 1-36A-12.

License proceeding treated as contested case, SDCL 1-26-27. NAD-RID Code of Professional Conduct. A copy may be obtained free of charge on-line from the following website: http://www.rid.org/ethics/code/index.cfm