735 KAR 2:020. KCDHH Interpreter Referral Services Program parameters.

 

      RELATES TO: KRS 12.290, 163.510(4), 29 U.S.C. 794, 42 U.S.C. 12132

      STATUTORY AUTHORITY: KRS 12.290, 163.510(4)

      NECESSITY, FUNCTION, AND CONFORMITY: 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 USC 794) and the Americans with Disabilities Act (42 USC 12132), KCDHH Interpreter Referral Services shall be provided to a state agency if:

      (a) Necessary to receive public service by an individual who is deaf or hard of hearing;

      (b) Requested by a state agency employee who is deaf or hard of hearing;

      (c) Required under a provision of the Acts; or

      (c) Necessary to provide accessibility to a public event, as defined by the Acts.

      (2) Participation in the KCDHH Interpreter Referral Services Program shall be voluntary.

      (3) The services of a qualified interpreter or transliterator shall be provided at no cost to the deaf or hard of hearing consumer.

      (4) The KCDHH shall comply with KRS Chapter 45A in employing staff and contract interpreters with the KCDHH Interpreter Referral Services Program.

      (5) The KCDHH Interpreter Referral Service shall honor the preferred communication mode of a deaf or hard of hearing consumer if a qualified interpreter or transliterator is available.

      (6) 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".

      (7) The KCDHH shall assign deaf interpreters in accordance with standard practices in the interpreting profession.

      (8) A nationally-certified interpreter shall be preferred in working for the KCDHH Interpreter Referral Services.

      (9) 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 shall provide the referral, but shall not dictate hourly fees nor administer billing for services.

      (10) The KCDHH shall:

      (a) Respond to all requests for interpreting 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;

      (11) If the KCDHH Interpreter Referral Services is unable to fulfill a request for services by 12 p.m., two (2) working days prior to the date of the assignment, staff shall contact the requesting agency and suggest the following:

      (a) That the search for an interpreter cease;

      (b) Continuing to seek an interpreter for the assignment, with the understanding that it may not be filled; or

      (c) A rescheduling of the event with KCDHH Interpreter Referral Services continuing to seek a qualified interpreter for the assignment. (25 Ky.R. 953; Am. 1358; eff. 12-3-98.)