Kentucky Administrative Regulations
Title 735 - COMMISSION ON THE DEAF AND HARD OF HEARING
Chapter 2 - Interpreter Referral Services
Section 735 KAR 2:020 - KCDHH Interpreter Referral Services Program parameters
Universal Citation: 735 KY Admin Regs Service 2:020
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 12.290, 163.510(4), 29 U.S.C. 794, 42 U.S.C. 12132
NECESSITY, FUNCTION, AND CONFORMITY: KRS 12.290 requires each department, program cabinet, and administrative body of state government to promulgate administrative regulations to provide accessibility to all services by persons who are deaf or hard-of-hearing. KRS 163.510(4) requires the commission to oversee the provision of interpreter services to the deaf and hard of hearing. This administrative regulation establishes the Interpreter Referral Services Program parameters and the criteria of receiving and providing these services.
Section 1.
(1) In accordance with the requirements of
the Rehabilitation Act, 29 U.S.C. 794, and the Americans with Disabilities Act,
42 U.S.C. 12132, KCDHH Interpreter Referral Services shall be provided to a
state agency if:
(a) An individual who is deaf
or hard of hearing requires interpreting or captioning services to access state
services;
(b) Requested by a state
agency employee who is deaf or hard of hearing;
(c) Required under a provision of the
Rehabilitation Act or Americans with Disabilities Act; or
(d) Necessary to provide accessibility to a
public event, as defined by the Rehabilitation Act or Americans with
Disabilities Act.
(2)
Participation in the KCDHH Interpreter Referral Services Program shall be
voluntary.
(3) The services of a
qualified interpreter or transliterator or CART services shall be provided at
no cost to the deaf or hard of hearing consumer.
(4) The KCDHH Interpreter Referral Service
shall honor the preferred communication mode of a deaf or hard of hearing
consumer if a qualified interpreter, transliterator, or CART is
available.
(5) The KCDHH may assign
two (2) or more interpreters as appropriate for assignments that are longer
than one (1) hour, in accordance with the standard practices of "Team
Interpreting".
(6) The KCDHH shall
assign a deaf interpreter (DI) in accordance with standard practices in the
interpreting profession.
(7) A
nationally certified and state licensed interpreter shall be required when
working for the KCDHH Interpreter Referral Services Program.
(8) The interpreter fee for a state agency
shall be negotiated between the state agency and the interpreter on an
individual basis. The KCDHH Interpreter Referral Service Program shall provide
the referral and share the average rate for services within the state, but
shall not dictate hourly fees nor administer billing for services.
(9) The KCDHH shall:
(a) Respond to all requests for interpreting
or CART services;
(b) Not guarantee
that all requests will be filled; and
(c) Except in an emergency, provide service
on a first-come, first-served basis;
(10) If the KCDHH Interpreter Referral
Services Program is unable to fulfill a request for services by 12 p.m., two
(2) working days prior to the date of the assignment, KCDHH staff shall contact
the requesting agency and suggest the following:
(a) That the search for an interpreter or
CART cease;
(b) Continuing to seek
an interpreter or CART for the assignment, with the understanding that it may
not be filled; or
(c) Rescheduling
of the event with KCDHH Interpreter Referral Services Program staff continuing
to seek a qualified interpreter or CART for the new assignment date.
STATUTORY AUTHORITY: KRS 12.290, 163.510(4)
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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