AN ACT to amend certain laws under the north carolina interpreter and transliterator licensure act, to expand the group of persons who may obtain a provisional license under the act, and to authorize the north carolina interpreter and transliterator licensing board to assess civil penalties.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 90D‑4(b) is amended by adding the following new subdivision to read:
"(b)	The provisions of this Chapter do not apply to:
…
(6)	Nonresident persons who are nationally certified providing interpreting or transliterating services in this State no more than 20 days per year in accordance with rules adopted by the Board."
SECTION 2.  G.S. 90D‑8 reads as rewritten:
"§ 90D‑8.  Provisional license.
(a)	Upon application to the Board and the payment of the required fees, an applicant may be issued a one‑time provisional license as an interpreter or transliterator if the applicant meets all of the following qualifications:
(1)	Is at least 18 years of age.
(2)	Is of good moral character as determined by the Board.
(3)	Completes two continuing education units approved by the Board. These units must be completed for each renewable year.
(4)	Satisfies one of the following:
a.	Holds a quality assurance North Carolina Interpreter Classification System (NCICS) level C classification.
b.	Holds a valid National Association of the Deaf (NAD) level 2 or 3 certification.
c.	Holds a current Educational Interpreter Performance Assessment (EIPA) level 3 or above classification.
	
d.	Holds at least a two‑year interpreting degree from a regionally accredited institution.
(a1)	Upon application to the Board, payment of the required fees, and meeting the requirements for a provisional license under subdivisions (1) and (2) of subsection (a) of this section, the Board may also issue a provisional license to any of the following categories of persons seeking a provisional license:
(1)	A certified deaf interpreter (CDI) who completes 30 hours of training, including 'Role and Function', 'Code of Ethics', and interpreting professional studies coursework.
(2)	An oral interpreter who completes a total of 40 hours of training in interpreting coursework or workshops related to oral interpreting.
(3)	A person providing cued speech interpreting or transliterating services who completes a total of 40 hours of training in interpreting coursework or workshops related to cued speech.(4)	A person providing interpreting or transliterating services who has a recognized credential from another state in the field of interpreting or transliterating.
(5)	An interpreter or transliterator who has accumulated 200 hours per year in the provision of interpreting or transliterating services, in this State or another state, totaling 400 hours for the two years immediately preceding the date of application.
(b)	A provisional license issued under this section shall be valid for one year. Upon expiration, a provisional license may be renewed for an additional one‑year period in the discretion of the Board.  However, a provisional license shall not be renewed more than three times.  The Board may, in its discretion, grant an extension after the third time the provisional license has been renewed under circumstances to be established in rules adopted by the Board.
(c)	Effective July 1, 2008, any person who applies for initial licensure on a provisional basis as an interpreter or transliterator shall hold at least a two‑year degree from a regionally accredited institution."
SECTION 3.  G.S. 90D‑6 is amended by adding the following new subdivision to read:
"§ 90D‑6.  Powers of the Board.
The Board shall have the power and duty to:
…
(12)	Conduct administrative hearings in accordance with Article 3A of Chapter 150B of the General Statutes."
SECTION 4.  Chapter 90D of the General Statutes is amended by adding the following new section to read:
"§ 90D‑14.  Civil penalties.
(a)	Authority to Assess Civil Penalties. – The Board may assess a civil penalty not to exceed one thousand dollars ($1,000) for the violation of any section of this Chapter or any rules adopted by the Board.  The clear proceeds of any civil penalty assessed under this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(b)	Consideration Factors. – Before imposing and assessing a civil penalty, the Board shall consider the following factors:
(1)	The nature, gravity, and persistence of the particular violation.
(2)	The appropriateness of the imposition of a civil penalty when considered alone or in combination with other punishment.
(3)	Whether the violation was willful and malicious.
(4)	Any other factors that would tend to mitigate or aggravate the violations found to exist.
(c)	Schedule of Civil Penalties. – The Board shall establish a schedule of civil penalties for violations of this Chapter or rules adopted by the Board.
(d)	Costs. – The Board may assess the costs of disciplinary actions against a person found to be in violation of this Chapter or rules adopted by the Board."

SECTION 5.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 11th day of August, 2005.

	s/	 Beverly E. Perdue
	 President of the Senate

	s/	 James B. Black
	 Speaker of the House of Representatives

	s/	 Michael F. Easley
	 Governor

Approved 3:00 p.m. this 22nd day of August, 2005