Revocation Requests

Revocation Request Process

Causes for Revocation

DSHS can revoke credentials issued to interpreters and translators for any of the following reasons:

  1. They were not truthful with DSHS.
  2. They violated a provision of the code of conduct (WAC 388-03-050) and that violation created a major negative impact on DSHS or the profession.
  3. They committed a felony or misdemeanor related to their language services.
  4. Their actions related to their language services were fraudulent, dishonest, or corrupt.
  5. They continued to violate the code of conduct (WAC 388-03-050) after they were asked to stop.
  6. They continued to falsely advertise their language service after they were asked to stop.
  7. They are grossly incompetent as a language services provider.

Requesting a Revocation

Entities who contract with a DSHS interpreter or translator can file a request for revocation of DSHS credentials under WAC 388-03-170. DSHS/LTC will consider a revocation request only if the contracting entity completes the following steps: 

  1. Conduct an investigation of the incident.
  2. Interview the interpreter regarding the incident and include the details of that interview in the revocation request.
  3. Complete a Revocation Request Form: link
  4. Provide the names and contact information of individuals who witnessed the incident.
  5. Provide supporting documentation to corroborate the allegations.
  6. Confirm that the incident happened within 2 years of the revocation request.

Review Process

Upon receiving a revocation request, LTC will:

  1. Acknowledge receipt via email to the requestor.
  2. Review the request to determine if it is complete and timely.
    1. If revocation request is not complete or timely
      1. Dismiss and notify complainant.
    2. If revocation request is complete and timely
      1. Notify complainant that the request will be reviewed within 30 days.
      2. Notify interpreter that request has been received and will be reviewed within 30 days.
      3. Contact witnesses and interpreter to get more information.
      4. Conduct any research needed to adequately resolve request.
      5. Notify complainant and interpreter if additional time is needed.
      6. Additional time shall not extend beyond 90 days from the date LTC received the revocation request.
      7. If no action is taken with 90 days, the request is automatically dismissed.

Resolutions

Dismissal: Evidence does not support the violation.

  1. Dismiss allegation.
  2. Notify interpreter.
  3. Notify Complainant

Warning: Evidence supports violation but violation does not warrant revocation.

  1. Notify interpreter of violation; require that interpreter halt activity in question.
  2. Notify complainant.

Possible factors that MAY lead to this outcome: limited or no evidence of harm to client or resident with LEP or DSHS; first complaint; singular violation; minor violation; mitigating and/or justifying circumstances.

Suspension: Evidence supports greater than minor violation.

  1. Suspend all current credentials for a period of time between 3 months and one year.  
  2. Notify interpreter of violation; require that interpreter halt activity in question.
  3. Include notice of right to appeal.
  4. Notify complainant.
  5. Suspend from list of fully certified/authorized interpreters.
  6. Notify language agencies who use interpreters.

Possible factors that MAY lead to this outcome: violation is major or substantial; caused or could cause harm to client or resident with LEP or DSHS; no or only minor prior violations or warnings; mitigating circumstances that don’t rise to full justification.

Revocation: Evidence supports violation and violation is substantial.

  1. Notify interpreter of permanent revocation and ban from LTC tests in the future.
  2. Include notice of right to appeal.
  3. Notify complainant.
  4. Remove from list of fully certified/authorized interpreters.
  5. Notify language agencies who use interpreters.

Possible factors that MAY lead to this outcome: caused or could cause harm to client or resident with LEP; evidence of inadequacy to be an interpreter or work with DSHS clients; multiple offending incidents; no mitigating circumstances that justify lesser action; prior warnings.

Records Retention and Prior Requests

Revocation requests and all accompanying documentation will be kept by DSHS for ten years at which time they may be destroyed. Incidents occurring more than 2 years prior to the current revocation request will not be considered in the resolution of the current request. However, previous dispositions may be considered when determining the resolution of the current request.

Appeal

  1. Interpreters have the right to appeal the suspension or revocation decision to the Office of Administrative Hearings.
  2. An appeal must be filed within 30 days of receipt of the revocation letter.
  3. To initiate an appeal, mail revocation letter and hearing request to the nearest office: http://oah.wa.gov/Content-Area-Management/All-About-OAH-Hub/Office-Information.

Reference: WAC 388-03-170 through WAC 388-03-176.