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Due Process Hearing |
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If a situation is not resolved through mediation, or at any time during the grievance process when requested by the respondent, a complaint may be referred to the Grievance Committee for a due process hearing.
No complaint may be brought against a respondent who is already involved as a plaintiff or defendant in a legal proceeding involving the same incident identified in the complaint.
Selection of Grievance Committee Members
The Utah State Office of Rehabilitation, Division of Services for the Deaf and Hard of Hearing (DSDHH), and Certification Advisory Board shall appoint a Grievance Committee whose selected members shall conduct hearings addressing complaints involving Utah state certified interpreters or transliterators.
The committee shall be composed of five to nine members of whom three shall be representatives from the Utah Certification Advisory Board. A minimum of four members of the committee shall be present in order to conduct a hearing. The committee shall be chaired by the vice-chair of the Utah Certification Advisory Board. All committee members shall be available to take action on a complaint in a timely manner.
If for any reason, an Grievance Committee member should have to vacate his/her seat on the committee, notification in writing shall be given to the Advisory Board. The Advisory Board shall appoint a member to fill the seat. Appointments shall be for a period of two years. A member of the Grievance Committee shall have completed a DSDHH-approved grievance hearing training workshop prior to hearing a complaint.
Any matter before the committee shall be kept strictly confidential. Violation of confidentiality shall be grounds for dismissal from the committee. Any communications regarding the hearing or discussions shall go through the director of certification. Disqualification to Serve on a Hearing Panel
A Grievance Committee member shall be disqualified from hearing a complaint if he/she:
- Is the complainant or respondent.
- Is deemed unable to participate objectively and is disqualified by a majority vote of the Grievance Committee or Hearing Committee.
- Disqualifies himself or herself because of prior knowledge of the case or because of a relationship to the complainant or respondent.
- Is disqualified because of participation in the investigation of the case.
- Is unable, for any demonstrable reason, to hear and judge the case fairly.
- Reports, for any reason, a conflict of interest in the case.
Hearing Procedure
Action on the Complaint
A consultation meeting of the Grievance Committee will be arranged to review the documents of the case and make an initial decision on the merits of the pleading. The committee chairperson will select three other committee members to be involved in the hearing. If the Grievance Committee determines that there is probable cause for action, then a hearing shall be scheduled.
The date for the hearing shall not be less than 20 days but not more than 60 days from the date the response is received by the director of certification or from the end of the 30 days allowed the interpreter/transliterator to respond (whichever date is first). The date, time, and place of the hearing shall be scheduled so as to be convenient for hearing panel members, the complainant, and the respondent.
The director of certification, at the request of the Grievance Committee, shall authorize a member of the Grievance Committee to conduct a full investigation of the case when the director of certification is the complainant in the case. Should a member of the Grievance Committee be involved in any phase of the investigation, that member shall be ineligible to sit for the hearing.
At least 15 days prior the hearing date, the director of certification shall send the following information to the interpreter/transliterator and the complainant by certified mail:
Date, time, and place of hearing.
Names and professional affiliations of the members of the committee who will hear the complaint, including identification of the individual who will chair the hearing. Procedures for objecting to any member hearing the complaint. Names and affiliations of the complainant and interpreter/transliterator.
At least 15 days prior to the hearing date, the director of certification shall send the following information to hearing panel members of the Grievance Committee hearing the complaint:
Date, time, and place of the hearing.
Names of the committee members hearing the complaint. Names and affiliations of the complainant and interpreter/transliterator.
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