(1) Pursuant to KRS 30A.405, any person providing language access services as a sworn proceedings interpreter for the deaf and hard of hearing or as an interpreter for a deaf or hard of hearing attorney must be qualified in accordance with these rules to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.

(2) Before contracting with a freelance interpreter or hiring a staff interpreter, the Office of Language Access will verify that each interpreter for the deaf and hard of hearing is qualified. To be considered qualified, each interpreter for the deaf and hard of hearing must meet all of the following requirements, which are further set forth in the Kentucky AOC Qualification Policy for Interpreters for the Deaf and Hard of Hearing (Visual Language Interpreters):

(3) The AOC may issue contracts to qualified freelance interpreters for the deaf and hard of hearing for a one-year term. Contracts may be renewed by the AOC annually. Contracts will only be issued to qualified freelance interpreters who:

(4) The Office of Language Access will verify the qualifications of interpreters for the deaf and hard of hearing annually. For freelance interpreters, the annual verification must be completed prior to renewal of the contract for language access services. In order to maintain his or her qualified status, each interpreter for the deaf and hard of hearing must meet all of the following requirements, which are further set forth in the Kentucky AOC Qualification Policy for Interpreters for the Deaf and Hard of Hearing (Visual Language Interpreters):

(5) Proof of licensure and compliance with the continuing education requirements and the required court observation hours must be submitted to the Office of Language Access annually on or before December 1.

(6) Contract renewals will only be issued to qualified freelance interpreters who:

(7) Forms to demonstrate current licensure, compliance with continuing education requirements and court observation hours, as well as to update personal information, may be obtained through the office of Language Access.

(8) Failure by a freelance interpreter to comply with the requirements listed in subsection (4) or subsection (6) of this section, including those relevant to state licensing law, may result in expiration or termination of the freelance interpreter's contract.

(9) The AOC will conduct annually a criminal background check on all interpreters contracted or hired by the AOC.

(10) Interpreters for the deaf and hard of hearing who meet the qualifications set forth in subsection (2) of this section will be listed in the AOC Interpreter Directory subject to annual verification of the qualification requirements set forth in subsection (4) of this section. Failure to comply with the requirements listed in subsection (4) of this section may result in temporary or permanent removal from the AOC Interpreter Directory.

(11) If the person who is deaf or hard of hearing also has minimal language competency, a secondary disability, and/or extensive use of his or her own gestural system such that a qualified interpreter is unfamiliar with the uniqueness of the communication, the court will appoint a certified relay interpreter, e.g., a Certified Deaf Interpreter (CDI) or a Reverse Skills Certified Interpreter (RSC), to assist the qualified interpreter in providing interpretation.

(12) When the interpreter and the person receiving language access services appear to have difficulties communicating with one another, the appointing/requesting authority should make reasonable efforts on the record to determine that there is sufficient communication between the interpreter and the person receiving interpreting services.