Grievance Procedure and Appeal Rights

PURPOSE: This rule outlines the grievance procedure and appeal rights for formal complaints against the Missouri certification process. (1) Applicants for certification may file a grievance against the Missouri certification process by filing a complaint in writing with the Board for Certification of Interpreters (BCI) at the office of the Missouri Commission for the Deaf and Hard of Hearing (MCDHH) within thirty (30) days after the coordinator of the Missouri Interpreters Certification System (MICS) mails notice to the applicant of the applicant’s certification evaluation results or of the denial of a certification to the applicant. (A) All complaints must contain a detailed explanation of the reason(s) for the complaint, the full name, address, and telephone number of the person making the complaint, a statement of what action the complainant is requesting to be taken by the BCI and/or the MCDHH, and the written signature of the person making the complaint. (B) Complaints may be filed by mail, by facsimile transmission followed by hard copy within ten (10) days of the transmission, or by other delivery to the MCDHH office. (C) All complaints will be acknowledged in writing by the MICS coordinator within ten (10) days after being received. (2) All complaints shall first be reviewed and evaluated by the BCI. (A) At the direction of the BCI, or on his/her own initiative, the MICS coordinator shall contact the complainant and request any further information that is deemed necessary by either the coordinator or the BCI. The MICS coordinator or the BCI may also conduct an independent investigation of the issues raised in the complaint. (B) The BCI shall evaluate the complaint and make a determination based on the facts of the situation. (C) The person filing the complaint shall be notified in writing of the BCI’s determination. (D) Such notification shall inform the person filing the complaint of their right to appeal that decision to the MCDHH. (3) Within thirty (30) days after the BCI mails notice of its determination to the person filing the complaint, the complainant may appeal the BCI’s decision by filing a written request for review with the MCDHH. (A) Any such appeal must contain a detailed explanation of the reason(s) for the appeal, the full name, address, and telephone number of the person making the appeal, a statement of what action the complainant is requesting to be taken by the MCDHH, and the written signature of the person making the appeal. (B) Any such appeal may be filed by mail, by facsimile transmission followed by hard copy within ten (10) days of the transmission, or by other delivery to the MCDHH office. (4) The MCDHH shall hold a hearing pursuant to the administrative procedures set forth in Chapter 536, RSMo, as such are adopted by section 621.135, RSMo. (A) After a hearing, the MCDHH shall evaluate the appeal and make a determination based on the facts of the situation. (B) The person filing the appeal shall be notified in writing of the MCDHH’s determination. (5) The complainant may file an appeal of the MCDHH’s decision pursuant to section 536.100, RSMo, as such is adopted by section 621.135, RSMo. The MCDHH’s notification to the complainant of its decision shall inform the complainant of his/her right to appeal that decision pursuant to section 536.100, RSMo. (6) Information regarding formal complaints and appeals will be kept confidential by all members of the BCI, MCDHH, and staff of the MCDHH, insofar as confidentiality is required and allowed by law. AUTHORITY: sections 209.292(13), RSMo Supp. 2003 and 209.295(8), 209.314 and 209.317, RSMo 2000.* Original rule filed Nov. 27, 1996, effective July 30, 1997. Rescinded and readopted: Filed July 26, 2001, effective March 30, 2002. Amended: Filed Nov. 14, 2003, effective June 30, 2004. *Original authority: 209.292, RSMo 1994, amended 2002; 209.295, RSMo 1994; 209.314, RSMo 1994; and 209.317, RSMo 1994.