Section R. 393.5003 - DefinitionsRule 2. Terms used in these rules are defined as follows:
(a) "Act" means the deaf persons interpreters act, 1982 PA 204, MCL 393.501 to 393.509.(b) "CEU cycle" means a 4-year period of time in which continuing education units are earned.(c) "CEU" means a continuing education unit.(d) "Complainant" means a person or entity who has filed a grievance with the division alleging that a person has violated the act or a rule promulgated under the act.(e) "Council" means the advisory council on deaf and hard of hearing established under MCL 408.205.(f) "Credential card" means an interpreter card, carrying the great seal of Michigan, issued by the division that verifies that an interpreter is a qualified interpreter within this state for a specific time period. The division may issue a credential card that incorporates a photograph.(g) "D/DB/HH" means a deaf, deafblind and/or hard of hearing person and includes any person for whom an interpreter is required as an accommodation under state or federal law.(h) "Deaf Interpreter" or "DI" means a deaf or hard of hearing person who holds a division recognized certification and interpreter training and/or experience in the use of gestures, mime, props, drawings, and other tools to enhance communication, as well as knowledge and understanding of deafness, the deaf community, and the deaf culture. The DI possesses native or near-native fluency in American Sign Language. The DI facilitates communication between a person using sign language and a deafblind person or between a qualified interpreter and D/DB/HH person when the communication between the qualified interpreter and the D/DB/HH person is not effective.(i) "Director" means the director of the division on deaf and hard of hearing or his or her designee.(j) "Division" means the division on deaf and hard of hearing in the Michigan department of civil rights.(k) "Division recognized certification" means a certificate that the division will accept that indicates the person has passed an evaluation of his or her interpreting skills.(l) "Effective communication" means that all involved parties understand each other for the exchange of visual and audio information about ideas, attitudes, emotions, or behavior that occurs between 2 or more persons, through a common system of language that is equally and fully understood by a deaf, deafblind, or hard of hearing person (D/DB/HH) and hearing persons. The interpreter must possess sign language to English - English to sign language skills and necessary vocabulary for the situation so that all parties have access to the same information.(m) "Exception" means a written agreement between the division and an appointing authority, including, but not necessarily limited to, an educational program as described in R 393.5027(3), in which the appointing authority describes and attests to its efforts to provide a qualified interpreter, and in which the appointing authority asserts and the division agrees that the unfeasibility of doing so necessitates a variance from these rules.(n) "EIPA" or "educational interpreter performance assessment" means a credential granted under the EIPA interpreter testing system that assesses the proficiency of interpreters in elementary and secondary educational environments.(o) "Formal complaint" means a document that states the charges of each alleged violation and is prepared by the division after a complaint has been received.(p) "Interpreter" means a person who engages in the practice of interpreting and meets the definition of MCL 393.502(h).(q) "Interpreting" means the process of listening, watching, understanding, and analyzing signed, spoken, written word, facial expressions, and lip movements from a source language and re-expressing that message faithfully, accurately, and objectively in a target language, taking the social and cultural context into account. In the context of these rules "interpreting" generally involves signing to a D/DB/HH person what is being voiced by a hearing person, and voicing to a hearing person what is being signed by a D/DB/HH person.(r) "Listed" or "listing" means full name, address, type of certification, expiration, and disciplinary actions appearing in the division interpreter database.(s) "MI-BEI certification" means an interpreter certificate granted under the MI-BEI interpreter testing system.(t) "Michigan BEI" or "MI-BEI" means the Michigan board for evaluation of interpreters test, which this state leases from the state of Texas to evaluate interpreters in this state.(u) "NAD" means national association of the deaf.(v) "National certification" means 1 of the following certificates recognized by the registry of interpreters for the deaf (RID) that assesses interpreter skills:(i) RID CDI means certified deaf interpreter.(ii) RID CI means certificate of interpretation.(iii) RID CLIP-R means conditional legal interpreting permit-relay.(iv) RID CSC means comprehensive skills certificate.(v) RID CT means certificate of transliteration.(vi) RID Ed: K-12 means educational certificate: k-12.(vii) RID IC means interpretation certificate.(viii) RID MCSC means master comprehensive skills certificate.(ix) NAD III or IV or V means national association of the deaf certificate under RID.(x) RID NIC means national interpreter certification (e.g., NIC, NIC Advanced, and NIC Master).(xi) RID OTC means oral transliteration certificate.(xii) RID RSC means reverse skills certificate.(xiii) RID SC:L means specialist certificate: legal.(xiv) RID TC means transliteration certificate.(w) "Proceeding" means any meeting in which a D/DB/HH person participates that requires a qualified interpreter.(x) "Proceedings interpreter" means a person who interprets in a court room all of the proceedings of the court, including all witness testimony.(y) "Quality assurance certification" or "QA" means an interpreter certificate granted under the divisions quality assurance certification interpreter testing system.(z) "Qualified interpreter" means a person who is certified through the national registry of interpreters for the deaf or certified through the state by the division and listed on the Michigan online interpreter system, available on the division website, and who holds all standard level, educational certification, and endorsement(s) required for the interpreting assignment in which he or she is engaging.(aa) "Readily communicate" means that effective communication is achieved.(bb) "Reasonable notice" means the minimum advanced notice required under the circumstances for the appointing authority to secure an interpreter.(cc) "Respondent" means a person against whom a grievance has been filed alleging that the person has violated the act or a rule promulgated under the act.(dd) "RID" means the national registry of interpreters for the deaf.(ee) "SCAO" means state court administrative office.(ff) "Secure call center" means a location with the physical and technological attributes to enable qualified interpreters to provide video remote interpreting in compliance with the act and any other applicable law.(gg) "Sign language" means a visual language in which with signing, the brain processes linguistic information through the eyes. The shape, placement, and movement of the hands, as well as facial expressions and body movements, all play important parts in conveying information. American Sign Language (ASL) is a language with its own unique rules of grammar and syntax.(hh) "Student intern" means a person who is formally enrolled in a course of study at a college, university, or trade school leading to a degree or certificate from an accredited institution in the field of interpreting.(ii) "Superuser" means a system administrator, technician, or other authorized person who possesses the knowledge to connect, fix, or correct technical issues that arise during the use of VRI.(jj) "Table interpreter" means an interpreter who sits at counsels table as a member of the litigation team, interprets privileged communications between counsel and client, and monitors the proceedings interpreters for accuracy.(kk) "Team interpreting" means the utilization of 2 or more interpreters or deaf interpreter who rotate to provide simultaneous or consecutive interpretation. Team interpreters alternate interpreting duties to reduce mental and physical fatigue, reduce the potential for errors in the interpretation by monitoring and making adjustments as necessary to ensure accuracy, and assist with note-taking and monitoring the environmental logistics of the interpreted setting.(ll) "Testing cycle" means the period of time between the time a certification is earned and retesting is required.(mm) "Under-qualified interpreter" means a "qualified interpreter" who is certified through the national registry of interpreters for the deaf or certified through this state by the division and listed on the Michigan online interpreter system, but who does not hold 1 or more standard level, educational certification, or endorsement(s) required to interpret for a proceeding in which he or she is engaging.(nn) "Variance" means any failure by an appointing authority to provide a qualified interpreter and establish effective communication that does not take place pursuant to a "waiver" or "exception" and which is not otherwise prohibited by law or these rules. A variance may, for example, be necessitated because compliance would cause an appointing authority undue hardship or fundamental alteration as those terms are used in the Americans with Disabilities Act of 1990 or Americans with Disabilities Amendments Act of 2008. An agreement to accept interpreting provided in variance shall not include, or be deemed to include, any express or implied agreement to lessen legal responsibility for malfeasance, misfeasance, or other failure to reasonably predict and prepare to meet a legal requirement to provide a properly qualified interpreter, or which would have otherwise reasonably have prevented the need to provide the variance.(oo) "Video relay service" or "VRS" means a form of telecommunications relay service (TRS) that enables persons with hearing or speech disabilities who use American sign language (ASL) to communicate with voice telephone users through video equipment. The video equipment links the VRS user with an interpreter so that the VRS user and interpreter can see and communicate with each other in sign language while the interpreter relays the conversation back and forth with a voice caller.(pp) "Video remote interpreting" or "VRI" means the use of video conference technology to deliver the services of a qualified interpreter between 2 or more people at the same location. VRI generally consists of video cameras and monitors, microphones and speakers, and a high speed internet or other connection.(qq) "Waiver" means to give up the right to have a qualified interpreter. A "Limited Waiver" means to agree to accept an under-qualified interpreter for a particular proceeding.Mich. Admin. Code R. 393.5003