2018 Louisiana Laws
Revised Statutes
TITLE 46 - Public Welfare and Assistance
RS 46:2356 - Denial, suspension, or revocation of a certificate
§2356. Denial, suspension, or revocation of a certificate
A. The commission may deny application by an applicant or may deny renewal of, suspend, or revoke an interpreter's certificate, and/or discipline a certified interpreter for any of the following causes:
(1) Conviction of a felony or any offense involving moral turpitude in any court if the acts for which the interpreter or applicant was convicted are found by the commission to have a direct bearing on whether the interpreter or applicant should be entrusted to serve the public in the capacity of an interpreter. Crimes having a direct bearing include but are not limited to criminal conduct such as crimes of violence, burglary, theft, forgery, bribery, perjury, and those related to controlled dangerous substances.
(2) Use of drugs or intoxicating liquors to an extent that it affects his professional competence which also may include the use of a drug or intoxicating liquor whether or not controlled, to an extent or in a manner that is dangerous to the interpreter or applicant, or any other person, or to any extent that such use impairs the interpreter's or applicant's ability to perform the work of interpreting in a safe and responsible manner to the public.
(3) Impersonating another person holding an interpreter certification.
(4) Allowing another person to use his certificate.
(5) Using fraud, deception, or misrepresentation in the application for certification, or in the completion of certification, to complete evaluation requirements for certification or in the application for reciprocity.
(6) Willingly violating or aiding in the violation of any of the standards of ethical behavior listed in the Registry of Interpreters for the Deaf Code of Ethics.
(7) Being grossly incompetent or grossly negligent in his duties as an interpreter, or having demonstrated repeated and/or continuous negligence or irresponsibility in the performance of his duties.
(8) Being adjudicated mentally incompetent by a court of competent jurisdiction.
(9) Intentionally harassing, abusing, or intimidating any member of the commission, any candidate for certification, or any supportive staff member, either physically or verbally.
(10) Intentionally divulging any aspect of confidential information relating to the evaluation process for certification, including content, format, topic, vocabulary, identity of individuals involved in the screening process, written examination, performance examinations, or any other testing materials.
(11) Failure to meet requirements for certification validation and/or maintenance.
B. If the commission decides to deny an applicant or to deny, suspend, or revoke the certificate of an applicant or certificate holder, or take other disciplinary action, the executive director of the commission shall notify the applicant or certificate holder in writing by registered mail and include the following:
(1) The reason for the proposed denial, suspension, revocation, probation, or disqualification.
(2) Notification that he may request a hearing or on submission of documentary evidence, appeal and request that the commission reconsider its decision without a hearing.
(3) Notification that the appeal regarding the commission's decision shall be received by the executive director of the commission not later than thirty days from the date of the notification of the commission's decision. If an appeal is not received, the applicant or certificate holder shall be deemed to have waived a hearing and is not contesting the proposed action.
C. The commission shall obtain from the Louisiana Department of Public Safety and Corrections or from any local law enforcement agency, the record of any felony or misdemeanor conviction of a certified interpreter or any person applying for or holding a certificate from the commission.
D. The commission may suspend or revoke a certificate, refuse to issue a certificate, or deny to an applicant the opportunity to take the screening process, written examinations, or performance examinations if an interpreter or an applicant has been convicted of a felony or misdemeanor which directly relates to the duties and responsibilities of interpreting.
(1) In determining whether criminal conviction directly relates to an interpreter's occupation, the commission shall consider:
(a) The nature and/or seriousness of the crime.
(b) The relationship of the crime to the practice of interpreting.
(c) The extent to which an interpreter's certificate might offer an opportunity to engage in further criminal activity of the same types as that for which the interpreter was convicted.
(d) The relationship of the crime to the ability, capability, or fitness required to perform the duties and responsibilities of interpreting.
(2) In addition to the factors that may be considered under the commission's authority in determining the fitness of an interpreter who has been convicted of a crime, the following evidence shall be considered:
(a) The extent and nature of the interpreter's or applicant's past criminal activity.
(b) The age of the interpreter or applicant at the time of commission of the crime.
(c) The amount of time that has elapsed since the interpreter's or applicant's last criminal activity.
(d) The conduct and work activity of the interpreter or applicant prior to and following the criminal activity, and evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release.
(3) Other evidence of the interpreter's or applicant's present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the interpreter or applicant, the sheriff or chief of police in the community where the interpreter or applicant resides, and any other persons in contact with the convicted interpreter or applicant.
Acts 1995, No. 924, §1; Acts 2010, No. 743, §8A, eff. July 1, 2010.
