735 KAR 2:050. Processing of requests for 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

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

      (2) A request for services shall include the following information:

      (a) Date and time of interpreted event;

      (b) Expected length of the interpreted event;

      (c) Consumer (deaf) and state agency names;

      (d) Consumer communication preference (if known);

      (e) Assignment location;

      (f) Type of event to be interpreted, i.e. one-to-one situation, small group meeting, or platform presentation;

      (g) On-site contact person and phone number;

      (h) A request for a specific interpreter;

      (i) Pertinent billing information including:

      1. Purchase order or interaccount number;

      2. Authorizing agency contact person; and

      3. Billing address and phone number;

      (j) Other information that would be beneficial to the interpreter, including:

      1. Directions to the event location; and

      2. Notice of special needs, including a tactile interpreting request or specialized vocabulary.

      (3) An agency shall submit an interpreting services request by the following:

      (a) By telephone to the staff of the KCDHH Interpreter Referral Services;

      (b) Faxed form;

      (c) Electronic form submittal via email or the KCDHH WWW home page;

      (d) Letter;

      (e) In person; or

      (f) Videoconferencing.

      (4) A request for interpreting services shall be considered a binding agreement, in accordance with KRS Chapter 45A, between the requesting agency and KCDHH Interpreter Referral Services, with the terms and conditions as outlined in this administrative regulation.

      (5) Unless an emergency or other unforeseen circumstance arises preventing advance notice, an agency shall submit an interpreting request at least two (2) weeks prior to the assignment date. If an emergency or unforeseen circumstance occurs, KCDHH shall attempt to fill the request. However, it may be impossible for KCDHH to fulfill the request for services.

      (6) Upon receiving a request for an interpreting assignment, the KCDHH staff shall first attempt to schedule a contract interpreter for the event, if one (1) is available and qualified. If there are no contract interpreters available, staff shall then attempt to schedule a staff interpreter.

      (7) If a specific interpreter is requested by an agency, the KCDHH Interpreter Referral Services shall attempt to provide the requested person. However, the program shall not guarantee that a specific request will be honored.

      (8) The KCDHH recognizes that the demand for interpreting services exceeds the existing supply of staff and freelance interpreters; therefore, the KCDHH shall hire and assign an interpreter based on the following criteria, in order of importance:

      (a) Current and valid certification awarded by a nationally recognized organization;

      (b) Highly qualified, based on:

      1. Years of interpreting experience;

      2. Demonstrable interpreting skill, as evidenced by screening, or precertification level;

      3. Consumer preference; and

      4. Having no financial or personal conflict of interest, as defined by KRS Chapter 45A.

      (9) The KCDHH Interpreter Referral Services staff shall notify the state agency of the name of the assigned interpreter.

      (10) Due to the high demand for interpreting services and for specialized skill, the KCDHH Interpreter Referral Services Program shall reserve the right to reassign an interpreter, as appropriate, based on skill level and qualifications. If an assigned interpreter should be reassigned, the KCDHH Interpreter Referral Services staff shall notify the state agency of the name of the replacement interpreter.

      (11) The KCDHH Interpreter Referral Services staff shall notify the interpreter of the details of the assignment, including any communication preferences, special terminology, the date, the time and the location prior to the actual date of the assignment.

      (12) A client or consumer shall have the right to refuse the services of an interpreter and request a replacement. If a replacement is requested, the service shall try to fill the request if possible. However, the KCDHH Interpreter Referral Services shall not guarantee a replacement. (25 Ky.R. 956; Am. 1361; eff. 12-3-98.)

Notation

      RELATES TO: KRS 12.290, 163.510(4)

      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 process for requesting services from the KCDHH Interpreter Referral Services Program.