NAC656A.610. Complaints: Filing; duties of Division; assignment to investigative committee; evaluation and recommendations of investigative committee; determination by Division after investigation; report of violation to Attorney General.

     1. If the Division or a recipient of services from an interpreter or Communication Access Realtime Translation provider, who is party to and aware of any act or circumstance that constitutes grounds for disciplinary action against an interpreter or Communication Access Realtime Translation provider, desires to pursue disciplinary action against that interpreter or Communication Access Realtime Translation provider, the person must file a complaint with the Division specifying the charge against the interpreter or Communication Access Realtime Translation provider. A complaint may not be accepted from a recipient of interpreting or Communication Access Realtime Translation services who knowingly and willingly used an unregistered interpreter or Communication Access Realtime Translation provider.

     2. Unless the Division determines that a complaint is without merit, the Division will:

     (a) Direct the complaint to the complainant’s certifying body;

     (b) Assign an investigative committee to determine whether a charge against an interpreter or Communication Access Realtime Translation provider justifies disciplinary action;

     (c) Utilize the services of a mediator certified by the Registry of Interpreters for the Deaf to resolve complaints between parties; or

     (d) Intervene on behalf of the complainant and the interpreter or Communication Access Realtime Translation provider, as appropriate, if they agree to the intervention.

     3. The Division will assign to the investigative committee pursuant to paragraph (b) of subsection 2 one program specialist from the Division, one person who is deaf or hard of hearing and one service provider who is registered with the Division. Each member of the investigative committee will be required to sign a confidentiality agreement and must not have a conflict of interest in the outcome of the investigation.

     4. Before assigning the complaint to an investigative committee, the Division must provide the interpreter or Communication Access Realtime Translation provider, as applicable, with a copy of the complaint. If the Division determines that a complaint is without merit, the Division may provide the interpreter or Communication Access Realtime Translation provider with a copy of the complaint, including the name of the person who filed the complaint.

     5. Following an investigation, the investigative committee will present its evaluation and recommendations to the Division. The Division will review the findings of the committee to determine whether to take further action against the interpreter or Communication Access Realtime Translation provider.

     6. If the Division determines after investigation that an interpreter or Communication Access Realtime Translation provider has violated the provisions of this chapter or chapter 656A of NRS, and there is no certifying body to report to, the Division will notify the Attorney General of its findings and any disciplinary action taken.

     7. A member of the Division who participates in an investigation will not participate in the review conducted or in a subsequent hearing or action which is related to the investigation.

     (Added to NAC by Office of Disability Services by R210-08, eff. 10-1-2008; A by Aging & Disability Services Div. by R151-09, 8-13-2010; R014-12, 9-14-2012)