Alabama Administrative Code Chapter 488-X-1 — Rules and Regulations

chapter-488-x-1Ala. Admin. Code ch. 488-X-1Regulation

488 Alabama Licensure Board for Interpreters and Transliterators

Ala. Admin. Code r. 488-X-1-.00 Definitions

For purposes of this chapter, the following terms shall have the following meanings:

(1) BOARD. The Alabama Licensure Board for Interpreters and Transliterator’s created pursuant to Section 34-16-4.

(2) CODE OF ETHICS. The tenets established by the Registry of the Interpreters for the Deaf (RID) which set guidelines governing professional conduct for interpreters and, transliterators, and any other code of ethics approved by the board. The Board will abide by the latest version of the RID Code of Professiona1 Conduct.

(3) CONSUMER. A hard of hearing, deaf, or speech disabled person or any other person or an agency that requires the services of an interpreter or transliterator to effectively communicate and comprehend signed or spoken discourse.

(4) CONTINUING EDUCATION PROGRAM or CEP. A program approved by the board to improve the skill level of licensees and permit holders.

(5) FUND. The Alabama Licensure Board for Interpreters and Transliterators Fund created pursuant to Section 34 16-9.

(6) INTERMEDIARY INTERPRETER. A person who is credentialed as a deaf interpreter and who serves in an intermediary capacity between another deaf person and another licensed or permitted hearing interpreter. The deaf interpreter may interpret between two or more deaf people or when translating text when a hearing person is not involved.

(7) INTERPRETER. A person who is credentialed as a professional interpreter and who engages in the practice of interpreting among consumers and adheres to interpreting standards outlined by the Board.

(8) INTERPRETING or TRANSLITERATING. The process of providing accessible communication between and among consumers who do not share a common means of communication. For the purposes of this chapter, interpreting means those processes known as interpretation and transliteration and includes communication modalities, including, but not limited to, visual, gestural, and tactile channels.

(9) NATIONALLY RECOGNIZED CERTIFICATION OR ASSESSMENT. A certification ·or· assessment documenting the proficiency level and awarded to individuals who successfully complete an evaluation of interpreting skills at a professional level. The term certification or assessment includes the following: a Registry of Interpreters for the Deaf certification ("RID"), or an equivalent national certification as approved by the Board, Board for Evaluation of Interpreters (“BEI”) or other national assessment as approved by the Board, Educational Interpreter Performance Assessment ("EIPA"), or other national educational assessment as determined by the Board, or such other nationally recognized assessment or certification as approved by the Board, or Cued Speech Certification ("NCSA"). The Board shall have the authority to determine the appropriate program, assessment, rating or level for every certification, assessment, exam, or test approved by the Board.

(10) ORGANIZATIONS. The Alabama Association of the Deaf (AAD), a state chapter of the National Association of the Deaf (NAD); Alabama Registry of Interpreters for the Deaf (ALRID), an affiliate state chapter of the Registry of Interpreters for the Deaf, Inc., (RID)•

(11) SIGN LANGUAGE. Includes all of the following communication systems:

(a) American Sign Language (ASL) Based. The language of the deaf community that ·is linguistically independent from English. The term refers to the visual gestural language used in the United States and parts of Canada and includes all regional variations.

(b) English Based Sign Systems. Includes, but is not limited to, all visual representations of the English language such as manually coded English, Pidgin Sign English, and Oral Interpreting.

(c) Sign Language. A generic term used to describe a continuum of visual-manual language and communication systems.

(d) Cued Speech. A system of handshapes which represents groups of consonant sounds, combined with hand placements which represent groups of vowel sounds, used with natural speech to represent a visual model of spoken language.

(12) TRANSLITERATOR. A person who is credentialed as a professional transliterator and who engages in the practice of transliteration between consumers utilizing two different modes of the same language. Fluency in both modes of language is required.

(13) ETHICAL STANDARDS. Ethical Standards include but are not limited to the Code of Professional Conduct Standards established by nationally recognized certification entities recognized by the Board.

History

  • Author: Alabama Licensure Board for Interpreters and Transliterators
  • Authority: Code of Ala. 1975, §34-16-3.
  • New Rule: Published April 29, 2022; effective June 13, 2022.
Ala. Admin. Code r. 488-X-1-.01 Continuing Education Program

A Continuing Education Program requires each Licensed or Permitted Interpreter or Transliterator to earn 2.0 CEU’s per a 12-month cycle, March 16th to March 15th of the following year or an aggregate of 8 CEUs in 4 years for those RID certified interpreters enrolled in the Certificate Maintenance Program (CMP) and Associate Continuing Education Training (ACET). Approval will be automatically granted for all workshops endorsed by the Registry of Interpreters for the Deaf (RID) or Gallaudet University. All other workshops for the purpose of earned CEUs will be made through written request to the board for approval. Duplication of courses/workshops/independent study will not be allowed. CEU’s must consist of at least 1.5 out of 2 CEU’s in Professional Studies. No more than 1.5 CEUs may be earned through Independent study per cycle with respect to professional studies approved by RID.

History

  • Author: The Alabama Board of Interpreter and Transliterators
  • Authority: Code of Ala. 1975, §34-16-7(4).
  • New Rule: Filed June 11, 2002; effective July 16, 2002. Amended: Filed October 30, 2007; effective December 4, 2007. Amended: Filed November 19, 2014; effective December 24, 2014.
Ala. Admin. Code r. 488-X-1-.02 Fees

(1) Nonrefundable fees are as follows:

(a) Initial fee for Licenses $225.00

(b) Renewal fee for Licenses: $175.00

(c) Initial fee for Permits: $175.00

(i) Apprentice Permit no fee

(d) Renewal fee for Permits: $125.00

(i) Apprentice Permit no fee

(ii) Limited Permit no fee

(e) Fee for Non-Renewal Permits: $125.00

(f) Returned check fee: (Maximum amount as set forth in the Code of Alabama)

(g) Late fee: $100.00

(h) Replacement of License or Permit: $ 25.00

(i) Reinstatement Fee: $ 25.00

History

  • Author: The Alabama Board of Interpreter and Transliterators
  • Authority: Code of Ala. 1975, §34-16-7(4).
  • New Rule: Filed June 11, 2002; effective July 16, 2002. Amended: Filed February 24, 2009; effective March 31, 2009. Amended: Filed July 8, 2011, effective August 12, 2011. Amended: Filed October 15, 2012; effective November 19, 2012. Amended: Filed November 19, 2014; effective December 24, 2014. Amended: Filed September 17, 2015; effective October 22, 2015. Amended: Published April 29, 2022; effective June 13, 2022.
Ala. Admin. Code r. 488-X-1-.03 Board Meetings

(1) Meetings shall be conducted in the following manner:

(a) Board Administrator and Chair will set agenda.

(b) Items may be added to board agenda by notifying board administrator in writing including subject to be discussed-two weeks prior to said meeting.

(c) Comments made, by person requesting appearance, before the board will be limited to ten (10) minutes for each requested item on the agenda. The ten (10) minute limit can be delegated to two or more persons at the discretion of the participant.

(d) Audience comments cannot be made without being recognized by the Chair.

History

  • Author: The Alabama Board of Interpreter and Transliterators
  • Authority: Code of Ala. 1975, §34-16-7(4).
  • New Rule: Filed June 11, 2002; effective July 16, 2002. Amended: Filed November 19, 2014; effective December 24, 2014.
Ala. Admin. Code r. 488-X-1-.04 Licensure/Permit Limitations

(1) Licensee holder has valid national certifications approved by the National Registry of the Interpreters for the deaf (RID); and/or the National Association of the Deaf (NAD); and/or the Board for Evaluation of Interpreters (BEI); and/or the Educational Interpreter Performance Assessment (EIPA) or other certification approved by the Board. Holders may Interpret or Transliterate in any appropriate setting.

(2) Permit holder has passed a written code of ethics test and passed an assessment or test approved by the ALBIT board. A Permit holder is qualified to interpret in limited settings (cannot work in a legal setting).

(3) Non-Renewable Permit holder is considered an entry level Interpreter having submitted no approved credentials but is legally allowed to work for one (1) year in limited situations while working to obtain credentials needed to earn a Permit or License.

(4) Limited Permit holder having no credentials required, holder has original permit application approved prior to March 15, 2000, has kept the permit current, and is permitted to provide Interpreting and Transliterating services only in the public education (K-12) setting.

(5) Apprentice Permit allows a student who is participating in an internship to provide interpreting or transliterating services but only with their mentor being 100% on-site and in sight of view of the apprentice.

History

  • Author: The Alabama Board of Interpreter and Transliterators
  • Authority: Code of Ala. 1975, §34-16-7(4).
  • New Rule: Filed January 28, 2005; effective March 4, 2005. Amended: Filed June 21, 2006; effective July 26, 2006. Amended: Filed May 6, 2008; effective June 10, 2008. New Rule: Filed November 19, 2014; effective December 24, 2014. Amended: Published April 29, 2022; effective June 13, 2022.
  • Editor's note: Rule .15. was renumbered to .04 per certification Published April 29, 2022; effective June 13, 2022.
Ala. Admin. Code r. 488-X-1-.05 Application For License Or Permit; Issuance; Rejection

(1) Any person may apply for a license or a permit pursuant to this chapter by filing a written or electronic application on a form prescribed by the board not less than 30 days prior to the next meeting of the board. The application shall be accompanied by the payment of the annual nonrefundable license fee or permit fee. The credentials of the applicant shall be reviewed according to the rules of the board.

(2) If the board finds the credentials in order, a license or permit shall be issued to the applicant.

(3) If the board rejects the credentials, t e applicant will be notified in writing informing him or her of the reasons for rejection.

History

  • Author: The Alabama Board of Interpreter and Transliterators
  • Authority: Code of Ala. 1975, §34-16-10.
  • New Rule: Published April 29, 2022; effective June 13, 2022.
Ala. Admin. Code r. 488-X-1-.06 License Required; Application; Issuance; Renewal

(1) After March 15, 1999, any person who mentors, models, or provides interpreting or transliterating services for remuneration in a public, private, educational, or eleemosynary setting shall be required annually to be licensed by the board unless that person is exempt from licensure pursuant to Section 34-16-7.

(2) The initial Professional License shall be issued upon submission of an application, an affidavit. documenting current validation of a nationally recognized certification or assessment as approved by the board, and payment of the required nonrefundable annual fee by March 15.· Licenses shall be· renewed annually, upon submission of an application and an affidavit documenting current nationally recognized certification or assessment at a professional level as approved by the board, payment of the required nonrefundable annual fee, and participation in a continuing education program approved by the board.

(3) All applicants for licensure who are initially certified after January 1, 1995, shall submit an affidavit documenting that the applicant has passed an interpreter code of ethics exam approved by the board.

(4) Failure to renew a license on or before March 15 of any year, shall result in a lapse of the license. A lapsed license that is not renewed within 45 days after March 15 of the year of the lapse, shall expire. The holder of the lapsed license may be reinstated by the board if the licensee is in complia11ce with all other relevant requirements of the board, applies to the board for renewal pursuant to this section, and pays the appropriate renewal, late penalty, and. reinstatement fees prescribed by the board.

(5) Licensure Guidelines for Military Spouses

(a) In accordance with the Military Family Jobs Opportunity Act 2018, a military spouse who is licensed as an interpreter or transliterator in another state will be given special consideration when applying for licensure in this state.

  1. Military spouse applicants may be licensed in accordance with this chapter.

  2. Initial License fees are waived.

  3. Applicants who are the spouses of military personnel submit with the application a copy of current dependent military-issued identification.

  4. This section shall not apply to the spouse of a military member receiving a dishonorable discharge.

History

  • Author: The Alabama Board of Interpreter and Transliterators
  • Authority: Code of Ala. 1975, §34-16-10.
  • New Rule: Published April 29, 2022; effective June 13, 2022. Amended: Published November 30, 2022; effective January 14, 2023.
Ala. Admin. Code r. 488-X-1-.07 Initial License

(1) This license limits the license holder to providing services in the specific area for which the License has been issued.

(2) Prior to and not later than March 15th, applicants for initial license shall submit all of the following:

(a) Application for licensure,

(b) The payment of a nonrefundable fee,

(c) Documentation of GED or high school diploma,

(d) Documentation of one of the following:

  1. A current RID certified membership card, or

  2. EIPA performance level 4.0 – 5.0 exam and EIPA written exam and college degrees, or

  3. BEI master or level V.

(e) Proof of citizenship and,

(f) Proof of citizenship form,

History

  • Author: The Alabama Board of Interpreter and Transliterators
  • Authority: Code of Ala. 1975, §34-16-7(4).
  • New Rule: Filed June 11, 2002; effective July 16, 2002. Amended: Filed May 6, 2008; effective June 10, 2008. Amended: Filed November 19, 2014; effective December 24, 2014. Amended: Filed September 17, 2015; effective October 22, 2015. Amended: Published December 31, 2020; effective February 14, 2021. Amended: Published April 29, 2022; effective June 13, 2022. Amended: Published April 29, 2022; effective June 13, 2022. Amended: Published May 31, 2024; effective July 15, 2024.
  • Editor's note: Rule .04. was renumbered to .07 per certification published April 29, 2022; effective June 13, 2022.
Ala. Admin. Code r. 488-X-1-.08 Renewal Of License

(1) All licenses granted by the Alabama Licensure Board of Interpreters and Transliterators shall expire after March 15th. Prior to and not later than annual expiration date of March 15th, an application for renewal shall include all of the following:

(a) Application for License,

(b) The payment of nonrefundable fee,

(c) A current RID certified membership card, if applicable, and

(d) Documentation of applicant earning 2.0 CEUs orwithin the last 12-month cycle documentation of applicant adhering to the RID Certificate Maintenance Program by including a copy of applicant’s most recent CMP/ACET record.

History

  • Author: The Alabama Board of Interpreter and Transliterators
  • Authority: Code of Ala. 1975, §34-16-7(4).
  • New Rule: Filed June 11, 2002; effective July 16, 2002. Amended: Filed January 28, 2005; effective March 4, 2005. Amended: Filed May 6, 2008; effective June 10, 2008. Amended: Filed November 19, 2014; effective December 24, 2014. Amended: Filed September 17, 2015; effective October 22, 2015. Amended: Published April 29, 2022; effective June 13, 2022.
  • Editor's note: Rule .05. was renumbered to .08 per certification published April 29, 2022; effective June 13, 2022.
Ala. Admin. Code r. 488-X-1-.09 Reinstatement Of Licensure

(1) Any licensed Interpreter or Transliterator in good standing who renews a license within forty-five (45) days of the close of the renewal cycle may be granted reinstatement upon submission of:

(a) Payment of reinstatement fee, renewal fee, and late fee.

(b) Documentation of applicant earning 2.0 CEUs or within the last 12-month cycle documentation of applicant adhering to the RID Certificate Maintenance Program by including a copy of applicant’s most recent RID CMP/ACET record.

(c) Licensure application.

History

  • Author: The Alabama Board of Interpreter and Transliterators
  • Authority: Code of Ala. 1975, §34-16-7(4).
  • New Rule: Filed January 28, 2005; effective March 4, 2005. Amended: Filed June 21, 2006; effective July 26, 2006. Amended: Filed May 6, 2008; effective June 10, 2008. Repealed and New Rule: Filed November 19, 2014; effective December 24, 2014. Amended: Filed September 17, 2015; effective October 22, 2015. Amended (Rule number only): Published April 29, 2022; effective June 13, 2022.
  • Editor's note: Rule .12. was renumbered to .13 per certification filed November 19, 2014; effective December 24, 2014. Rule .13. was renumbered to .09 per certification published April 29, 2022; effective June 13, 2022.
Ala. Admin. Code r. 488-X-1-.10 Permit To Practice; Renewal; Ethics Examination; Lapse Of Renewal

(1) Any person who provides interpreting or transliterating services for remuneration practices in a public, private, educational, or eleemosynary setting, as an interpreter or transliterator for remuneration on or after August 1, 1998, but who does not otherwise meet the requirements for licensure, shall obtain a renewable permit from the board to practice interpretation or transliteration.

(2) The initial Professional Permit shall be issued upon submission of the application, documentation of achieving at least a high school diploma or GED, current employment as an interpreter, and payment of the nonrefundable annual fee, an affidavit and supporting documentation that the applicant has passed an interpreter code of ethics exam as approved by the board and an interpreting performance assessment as approved by the Board. Each applicant shall also be a citizen of the United States or legally present in the United States with appropriate documentation from the federal government. Any person seeking to renew this permit shall provide documentation of participation and completion of continuing education programs as approved by the Board. This permit may be renewed -annually or as otherwise specified by the Board.

(3) The initial Deaf Professional Permit is for a person desiring to. interpret for remuneration who has an audiogram from a medical physician or licensed audiologist that shows an unaided hearing loss of greater than 40 decibels may receive this permit. An initial permit shall be issued upon submission of the application, the audiogram or medical report, documentation of achieving at least a high school diploma or GED, and payment of the nonrefundable annual fee, an affidavit and supporting documentation that the applicant has passed an interpreter code of ethics exam as approved by the board and an interpreting performance assessment as approved by the Board. Each applicant shall also be a citizen of the United States or legally present in the United States with appropriate documentation from the federal government. Any person seeking to renew this permit shall provide documentation of participation and completion of continuing education programs as approved by the Board. This permit may be renewed annually or as otherwise specified by the Board.

(4) A Non-Renewable provisional permit shall be issued upon submission of the application, documentation of achieving at least a high school diploma or GED, payment of the nonrefundable fee, and submission of three letters of recommendation from licensed interpreters that verify the skill level of the applicant. Each applicant shall also be a citizen of the United States or legally present in the United States with appropriate documentation from the federal government. This permit is not subject to renewal and shall expire one year after the date of issuance.

(5) The Apprentice permit shall be issued to any student who is enrolled in a formal American sign language program, a formal interpreter training program, or a formal interpreter or transliterator internship program may interpret or transliterate as part of his or her training, as long as that person applies for a permit in accordance with the standards established by the Board. This permit may be renewed annually for any currently enrolled student or as otherwise specified by the Board. Each applicant shall also be a citizen of the United States or, if not a citizen of the United States, a person who is legally present in the United States with appropriate documentation from the federal government. There must be a mentor 100% on-site and in-site view of the Apprentice.

(6) The Limited permit is for any person who received a permit prior to October 1, 2000 and authorized to provide interpreting services in the public educational system shall continue to receive a permit pursuant to this provision. Such permit will authorize the holder to provide interpreting or transliterating services in a public educational setting only. If, however, the permit is allowed to lapse or expire for any reason or the holder stops working in a public educational setting, this permit shall be revoked, the holder will lose all privileges of this permit, and the holder shall thereafter adhere to all requirements of this chapter with respect to licensure or permitting.

History

  • Author: The Alabama Board of Interpreter and Transliterators
  • Authority: Code of Ala. 1975, §34-16-10.
  • New Rule: Filed June 11, 2002; effective July 16, 2002. Amended: Filed January 28, 2005; effective March 4, 2005. Repealed: Filed August 10, 2010; effective September 14, 2010. New Rule: Filed November 19, 2014; effective December 24, 2014. Amended: Filed September 17, 2015; effective October 22, 2015. Repealed: Filed September 22, 2016; effective November 6, 2016. New Rule: Published April 29, 2022; effective June 13, 2022.
Ala. Admin. Code r. 488-X-1-.11 Initial Permit

(1) A permit limits the holder to provide services in specific areas for which the permit has been issued. Applicants who do not meet the requirements for licensure shall apply for a permit. A permit may be obtained by submitting all of the following:

(a) Application for a permit,

(b) One of the following:

  1. GED, High school Diploma or Certified transcripts

  2. College diploma or college certified transcripts

(c) The payment of the nonrefundable fee,

(d) Documentation the applicant has passed either a RID approved ethics or written knowledge exam, or an ethics or written knowledge exam approved by the board,

(e) Documentation the applicant has passed one of the following performance assessment tests:

  1. Educational Interpreter Performance Assessment (EIPA) levels 3.0 to 3.9,

  2. Board for Evaluation of Interpreters (BEI) advanced or levels 3,4,

  3. Any other performance assessment or test approved by the Board.

(f) Proof of citizenship, and

(g) Proof of citizenship form.

History

  • Author: The Alabama Board of Interpreter and Transliterators
  • Authority: Code of Ala. 1975, §34-16-7(4).
  • New Rule: Filed June 11, 2002; effective July 16, 2002. Amended: Filed January 28, 2005; effective March 4, 2005. Amended: Filed February 26, 2007; effective April 2, 2007. Amended: Filed May 6, 2008; effective June 10, 2008. Repealed and New Rule: Filed November 19, 2014; effective December 24, 2014. Amended: Filed September 17, 2015; effective October 22, 2015. Amended: Published December 31, 2020; effective February 14, 2021. Amended: Published April 29, 2022; effective June 13, 2022.
  • Editor's note: Rule .06. was renumbered to .11 per certification published April 29, 2022; effective June 13, 2022.
Ala. Admin. Code r. 488-X-1-.12 Permit Renewal

(1) Prior to and not later than March 15th, renewal of any initial permits must be done, the year following initial application, by submitting the following:

(a) Application for a renewable permit

(b) The payment of the nonrefundable fee

(c) Documentation of earning 2.0 board approved CEUs within the previous 12-month cycle ending March 15th of year of application.

(2) CEUs within the previous 12-month cycle ending March 15 of year of application.

(3) Subsequent renewal of a permit by a cued speech transliterator shall require submission of an affidavit and supporting materials documenting that the applicant has passed an interpreter code of ethics exam as approved by the board and payment of the required nonrefundable annual fee and participation in a continuing education program approved by the board. Each applicant shall also be a citizen of the United States or, if not a citizen of the United States with appropriate documentation from the federal· government. The affidavit shall be submitted no later than March 15 annually.

(4) Failure to renew a permit on or before March 15 of any year, shall result in a lapse of the permit. The older of the lapsed permit may be reinstated by the board if the permittee is in compliance with all other relevant requirement of the board, applies to the board for renewal pursuant to this section, and pays the appropriate renewal, late penalty, and reinstatement fees prescribed by the board.

History

  • Author: The Alabama Board of Interpreter and Transliterators
  • Authority: Code of Ala. 1975, §34-16-7(4).
  • New Rule: Filed June 11, 2002; effective July 16, 2002. Amended: Filed January 28, 2005; effective March 4, 2005. Amended: Filed October 30, 2007; effective December 4, 2007. Amended: Filed May 6, 2008; effective June 10, 2008. Repealed and New Rule: Filed November 19, 2014; effective December 24, 2014. Amended: Filed September 17, 2015; effective October 22, 2015. Amended: Published April 29, 2022; effective June 13, 2022.
  • Editor's note: Rule .07. was renumbered to .12 per certification published April 29, 2022; effective June 13, 2022.
Ala. Admin. Code r. 488-X-1-.13 Non-Renewable Permits

(1) A non-renewable permit will expire twelve (12) months after the issuance date. The non-renewable permit limits the permit holder to providing services in the specific area for which the non-renewable permit has been issued. This permit cannot be renewed. A non-renewable permit may be obtained my submitting the following:

(a) Application for the non-renewable permit,

(b) The payment of the nonrefundable fee,

(c) One of the following:

  1. GED, High school Diploma or Certified transcripts

  2. College diploma or college certified transcripts

(d) The Board approved recommendation forms from three (3) licensed/certified Interpreters attesting to the skill level of the applicant,

(e) Proof of citizenship, and

(f) Proof of citizenship form.

History

  • Author: The Alabama Board of Interpreter and Transliterators
  • Authority: Code of Ala. 1975, §34-16-7(4).
  • New Rule: Filed June 11, 2002; effective July 16, 2002. Repealed and New Rule: Filed November 19, 2014; effective December 24, 2014. Amended: Filed September 17, 2015; effective October 22, 2015. Amended (Rule number only): Published April 29, 2022; effective June 13, 2022.
  • Editor's note: Rule .08. was renumbered to .13 per certification published April 29, 2022; effective June 13, 2022.
Ala. Admin. Code r. 488-X-1-.14 Reinstatement Of Permit

(1) Any permitted Interpreter or Transliterator in good standing who renews a permit within forty-five (45) days of the close of the current renewal cycle may be granted reinstatement upon submission of:

(a) Payment of reinstatement fee, renewal fee, and late fee,

(b) Documentation of completion of CEUs for every year a previous permitted has failed to renew or equivalent to 2.0 CEUs per year, and

(c) Permit application.

History

  • Author: The Alabama Board of Interpreter and Transliterators
  • Authority: Code of Ala. 1975, §34-16-7(4).
  • New Rule: Filed January 28, 2005; effective March 4, 2005. Amended: Filed June 21, 2006; effective July 26, 2006. Amended: Filed May 6, 2008; effective June 10, 2008. Repealed and New Rule: Filed November 19, 2014; effective December 24, 2014. Amended: Filed September 17, 2015; effective October 22, 2015.
  • Editor's note: Rule .13. was renumbered to .14 per certification filed November 19, 2014; effective December 24, 2014.
Ala. Admin. Code r. 488-X-1-.15 Exemptions

The following persons shall be exempt from licensure or permitting pursuant to this chapter:

(1) Any student who is enrolled in a formal American sign language program, a formal interpreter training program, or a formal interpreter or transliterator internship program. The student shall be allowed to interpret or transliterate as part of his or her training for a maximum of 16 weeks in an educational setting or 120 hours in an agency or business by applying for an Apprentice Permit.

(2) Any person who interprets or transliterates solely in a church, synagogue, temple, or other religious setting.

(3) Any person residing outside of the State of Alabama may provide interpreting and transliterating services for up to 14 working days per calendar year without a license. The Board, by passage of a resolution or otherwise, may establish or extend the allowable time in which a person may interpret or transliterate without a license in this state when there is a dire emergency, which would include but is not limited to instances where the governor declares a state of emergency. To qualify for this exemption, the out-of-state interpreter or transliterator must complete and submit the.14-Day work form for approval by the Board for each assignment. *The notification should be received by the Board's office at 1east seven (7) days prior to the start of this assignment.

(4) Any person desiring to interpret for remuneration where circumstances do not allow for fulfillment of the stated requirements for licensure or permitting in a timely manner may petition the board for exemption. The exemption request will be considered on a case-by-case basis. *The notification must be received by the Board's office at 1east seven (7) days prior to the start of this assignment.

(5) Those public education personnel and State Department of Rehabilitation personnel, who are not hired as interpreters and transliterators and who are not as a part of their job description responsible for providing interpreting or transliteration services, in circumstances that may necessitate their function as interpreters and transliterators in emergency or incidental situations.

(6) All other public education personnel hired prior to March 15, 2000, who provide interpreting and transliterating services to students. These personnel shall apply for and receive a permit specifying that their permits are restricted to interpreting and transliteration services provided in the public education setting only. The application for this permit shall be submitted to the board prior to October 1, 2000. It shall be the responsibility of the permit holder to annually renew the permit by earning continuing education units in compliance with the requirements of the interpreters and transliterators licensure law. If personnel, who have been grandfathered in pursuant to this subdivision, for any reason should allow their permits to lapse or expire, those personnel shall lose all privileges of this exemption and shall adhere to all requirements of the interpreters and transliterators licensure law to renew their permits.

History

  • Author: The Alabama Board of Interpreter and Transliterators
  • Authority: Code of Ala. 1975, §34-16-4.
  • New Rule: Filed June 11, 2002; effective July 16, 2002. Repealed and New Rule: Filed May 6, 2008; effective June 10, 2008. Repealed and New Rule: Filed August 10, 2010; effective September 14, 2010. Repealed and New Rule: Filed November 19, 2014; effective December 24, 2014. Repealed and New Rule: Filed September 17, 2015; effective October 22, 2015. Repealed: Filed September 22, 2016; effective November 6, 2016. New Rule: Published April 29, 2022; effective June 13, 2022.
  • Editor's note: Rule .09. was renumbered to .11 per certification filed November 19, 2014; effective December 24, 2014. Rule .11. was renumbered to .15 per certification published April 29, 2022; effective June 13, 2022.
Ala. Admin. Code r. 488-X-1-.16 Reciprocity

Section 34-16-8 Reciprocity agreements authorized.

(1) The Board may enter into a reciprocal agreement with any state, agency, or other organization that licenses, certifies, or registers professional interpreters or transliterators, or both, if the board finds that the state, agency, or organization has substantially the same requirements or more stringent requirements.

(2) Regardless of whether there is a reciprocal agreement in place, the Board may determine whether any state, agency, or other organization that licenses certifies or registers professional interpreters or transliterators, or both has substantially the same requirements as the Board. Based upon a determination that a licensing organization substantially adheres to the same standards as those in Alabama, the Board may offer a permit or license based upon those reciprocal qualifications.

(3) The reciprocity agreement shall provide that the Board shall license anyone who is currently licensed, certified, or registered in that state or by that agency or other organization if that state, agency, or other organization agrees to license, certify, or register any practitioners who are currently licensed pursuant to this chapter.

(4) The board shall set by regulation the fees appropriate in processing reciprocity, and the applicant seeking a license or permit, must pay the required ALBIT fee for the license or permit as prescribed in the fee schedule.

History

  • Author: The Alabama Board of Interpreter and Transliterators
  • Authority: Code of Ala. 1975, §34-16-4.
  • New Rule: Published April 29, 2022; effective June 13, 2022.
Ala. Admin. Code r. 488-X-1-.17 Complaint Procedures

(1) Upon receipt of a written or videoed complaint to the ALBIT Board, alleging that an Interpreter or Transliterator has violated a statute or rule, the Executive Director shall perform a preliminary review to determine if there is merit and sufficient evidence to warrant formal proceedings. Complaints must be submitted to the Board within ninety (90) days of the alleged occurrence.

(2) When the Executive Director determines there may be merit and sufficient evidence exists to warrant proceedings, an investigative committee shall be formed consisting of one (1) Board member, one (1) Board counsel, and the Executive Director.

(a) When the Board receives complaint against a licensee or unlicensed Interpreter or Transliterator, the Board or its designee shall provide the respondent with the allegations. The Interpreter or Transliterator may submit, to the Executive Director, a written or videoed response and any supporting documentation.

(b) The committee shall review the complaint and other information submitted to determine if further investigation is warranted.

(3) If further investigation is warranted, an investigator may be retained. The investigator shall work under the direction of the Executive Director to conduct further investigation;

(4) At the conclusion of the investigation, the investigator shall submit an investigation report to be reviewed by the investigative committee, which has the authority to act on the report.

(a) The investigative committee shall send written notification to the complainant and Interpreter or Transliterator against whom the complaint was made of any action it decides to take in response to the investigation report.

(b) If the committee determines that an investigation is not warranted, the Executive Director may close the investigative file. The Executive Director shall notify the complainant and the Interpreter against whom the complaint was made that the investigation has been closed.

(5) When a preliminary review discloses that further investigation is not warranted, the complaint will be brought to the Board for dismissal without any further action.

(6) Board Action Following Investigation, the Board or its authorized designee shall have the power to act on the report of the investigation as follows:

(a) Dismiss the complaint.

(b) Enter into settlement negotiations.

(c) Commence disciplinary proceedings.

(d) Accept voluntary surrender of a license or Permit

History

  • Author: The Alabama Board of Interpreter and Transliterators
  • Authority: Code of Ala. 1975, §34-16-7(4).
  • New Rule: Filed January 28, 2005; effective March 4, 2005. Amended: Filed March 11, 2008; effective April 15, 2008. Repealed and New Rule: Filed November 19, 2014; effective December 24, 2014. Amended: Filed September 17, 2015; effective October 22, 2015. Amended (Rule number only): Published April 29, 2022; effective June 13, 2022.
  • Editor's note: Rule .11. was renumbered to .12 per certification filed November 19, 2014; effective December 24, 2014. Rule .12. was renumbered to .17 per certification published April 29, 2022; effective June 13, 2022.
Ala. Admin. Code r. 488-X-1-.18 Code Of Professional Conduct

The Board has adopted the NAD-RID Code of Professional Conduct for all licensed and permitted individuals to follow. The NAD-RID Code of Professional Conduct is available in Appendix I of this chapter.

History

  • Author: The Alabama Board of Interpreter and Transliterators
  • Authority: Code of Ala. 1975, §34-16-4.
  • New Rule: Published April 29, 2022; effective June 13, 2022.

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