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AP IX, Sec. 9 Qualifications of interpreters for the deaf and hard of hearing

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of Justice

Baldwin's Kentucky Revised Statutes Annotated
Administrative Procedures of the Court of Justice
Part IX. Procedures for Appointment of Interpreters
Administrative Procedures, AP IX, Sec. 9
AP IX, Sec. 9 Qualifications of interpreters for the deaf and hard of hearing
(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):
(a) Be licensed in accordance with KRS 309.300 to 309.319 and 201 KAR 39:030 and possess all certifications required therein;
(b) Attend the AOC orientation workshop; and
(c) Obtain the hours of court observation or work as required by the AOC.
(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:
(a) Have no felony conviction nor a conviction of any misdemeanor involving moral turpitude, dishonesty, false statements, or fraud; and
(b) Read the Code of Professional Responsibility for Sworn Proceedings Interpreters and KRE 604, and take the oath in accordance with Section 3 of these rules.
(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):
(a) Provide documentation to the Office of Language Access of a current, valid license in accordance with the requirements of KRS 309.300 to 309.319 and 201 KAR 39:030;
(b) Comply with the continuing education requirements established by the AOC; and
(c) Obtain the hours of court observation or work as required by the AOC.
(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:
(a) Comply with the Code of Professional Responsibility for Sworn Proceedings Interpreters;
(b) Comply with the rates and procedures set forth in the Uniform Payment Rate;
(c) Maintain a satisfactory record of appearing as scheduled; and
(d) Update their personal information on file with the Office of Language Access and remit a completed W-9 to the Office of Language Access annually on or before December 1.
(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.
(a) Duty to notify:
(i) A freelance interpreter charged with a criminal offense must notify the Office of Language Access within 24 hours of being charged.
(ii) A freelance interpreter convicted of a criminal offense must notify the Office of Language Access within 24 hours of being convicted.
(iii) For purposes of this subsection, “criminal offense” means conduct for which a term of incarceration or a fine is provided by law.
(b) Any felony conviction or misdemeanor conviction involving moral turpitude, dishonesty, false statements, or fraud may result in expiration or termination of a freelance interpreter's contract.
(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.

Credits

HISTORY: Amended by Order 2017-15, eff. 1-1-18; prior amendments eff. 3-15-11 (Order 2011-03), 5-12-09 (Order 2009-06), 12-1-04 (Order 2004-3); adopted by Order 2004-3, eff. 10-1-04
Administrative Procedures, AP IX, Sec. 9, KY ST ADMIN P AP IX, Sec. 9
Current with amendments received through January 15, 2020.
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