Ala. Admin. Code r. 488-X-1-.12 - Complaint Procedures

Current through Register Vol. 40, No. 6, March 31, 2022

(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

Notes

Ala. Admin. Code r. 488-X-1-.12

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. Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 02, November 26, 2014, eff. 12/24/2014. Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 12, September 30, 2015, eff. 10/22/2015.

Was Rule .09. Was renumbered to .11 per certification filed November 19, 2014; effective December 24, 2014

Author: The Alabama Board of Interpreter and Transliterators

Statutory Authority: Code of Ala. 1975, § 34-16-7(4).