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AP IX, Sec. 10 Qualifications of spoken language interpreters

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. 10
AP IX, Sec. 10 Qualifications of spoken language interpreters
(1) Pursuant to KRS 30A.405, any person providing language access services as a spoken language sworn proceedings interpreter must be qualified in accordance with these rules to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary.
(2) The Office of Language Access has the authority to establish policies and procedures for time limits and scoring standards for the qualification process for spoken language interpreters.
(3) Before contracting with a freelance interpreter or hiring a staff interpreter, the Office of Language Access will verify that each spoken language interpreter is qualified. The Office of Language Access will designate each spoken language interpreter as certified, registered, or provisional consistent with his or her demonstrated qualifications. In order to-be designated as a certified or registered spoken language interpreter for the Court of Justice, each spoken language interpreter must meet all of the following requirements, which are further set forth in the Kentucky AOC Certification Policy for Spoken Language Interpreters:
(a) Pass the requisite examinations administered by the AOC (the interpreter will be designated as either certified or registered based upon the interpreter's test scores);
(b) Attend the AOC orientation workshop; and
(c) Obtain the hours of court observation or work as required by the AOC.
(4) The AOC may issue contracts to qualified freelance spoken language interpreters 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.
(5) The Office of Language Access will verify the qualifications of spoken language interpreters 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 designated status as a certified or registered spoken language interpreter, each spoken language interpreter must:
(a) Comply with the continuing education requirements established by the AOC; and
(b) Obtain the hours of court observation or work as required by the AOC.
(6) Proof of compliance with the continuing education units and the required court observation hours must be submitted to the Office of Language Access annually on or before December 1.
(7) 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.
(8) Forms to demonstrate 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.
(9) Failure by a freelance interpreter to comply with the requirements listed in subsection (5) or subsection (7) of this section may result in expiration or termination of the freelance interpreter's contract.
(10) 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.
(11) Spoken language interpreters who meet the qualifications set forth in subsection (3) of this section will be listed in the AOC Interpreter Directory subject to annual verification of the qualification requirements set forth in subsection (5) of this section. Failure to comply with the requirements listed in subsection (5) of this section may result in temporary or permanent removal from the AOC Interpreter Directory.
(12) When the interpreter and the person receiving interpreting 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. 10, KY ST ADMIN P AP IX, Sec. 10
Current with amendments received through August 1, 2020.
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