Title 735 KAR — Commission on the Deaf and Hard of Hearing

title-735735 KARRegulation

Open source

Chapter 1 Telecommunication Devices for the Deaf

735 KAR 1:010 Eligibility requirements, application and certification procedures to receive specialized telecommunications equipment for the deaf, hard of hearing, and speech impaired {#sec-735-kar-1-010 omnilex-key=us-ky-regs-official--title-735--735 KAR 1:010}

Section 1. Definitions.

(1) "Applicant" means a person who applies to receive specialized telecommunications equipment under the auspices of the KCDHH Telecommunications Access Program.

(2) "Application" means the current KCDHH Telecommunications Access Program application entitled "Telecommunications Access Program Application and Certification" available in both hardcopy and electronic format.

(3) "Approved date" means the date that all supporting documentation for the application is received and verified by the KCDHH as complete.

(4) "APRN" means Advanced Practice Registered Nurse licensed by the Kentucky Board of Nursing as defined by 314.011(7).

(5) "Audiologist" is defined by KRS 334A.020(5), and is limited to a person licensed by the board, as defined by KRS 334A.020(1).

(6) "Certification" means professional verification of the extent and permanence of the applicant's disability.

(7) "Deaf" and "hard of hearing" are defined by KRS 163.500.

(8) "Deaf-blind" means an individual whose primary disability is deafness and secondary disability is vision impairment.

(9) "ENT" or Otolaryngologist" means a medical professional trained in the medical and surgical management of patients with diseases and disorders of the ear, nose, and throat.

(10) "Fiscal constraint" means when seventy-five (75) percent of annual program funds have been disbursed or encumbered.

(11) "Hearing instrument specialist" means "specialist in hearing instruments" as defined by KRS 334.010(9).

(12) "KCDHH" means the Kentucky Commission on the Deaf and Hard of Hearing, as described at KRS 163.506.

(13) "Physician" means a person:

(a) With a medical degree;

(b) Licensed by the state in which he or she practices medicine; and

(c) Recognized, by the state Board of Medical Licensure in the state in which the physician practices, as a specialist in:

  1. Family practice;

  2. General practice;

  3. Otolaryngology; or

  4. Internal Medicine.

(14) "Physician Assistant Certified" (PAC) means a person licensed under KRS 311.840 to 311.862.

(15) "Recipient" means a person who receives specialized telecommunications equipment under the auspices of the KCDHH Telecommunications Access Program.

(16) "Specialized telecommunications equipment" or "STE" is defined by KRS 163.525(1)(a)

(17) "Speech-impaired" means a person with a communication disorder such as stuttering, impaired articulation, impaired language, or impaired voice that adversely affects the use of telecommunications access lines.

(18) "Speech-language pathologist" is defined by KRS 334A.020(3), and is limited to a person licensed by the board, as defined by KRS 334A.020(1).

(19) "Telecommunications Access Line" means the transmission of auditory, visual, and typed communication via electronic airwaves or hard-wired methods.

(20) "Telecommunications Access Program" is defined by KRS 163.525(1)(b).

Section 2. General Applicant Criteria.

(1) An applicant shall be:

(a) A person who has resided in Kentucky for one (1) year prior to the date of application, as demonstrated by one (1) or more of the following. The person:

  1. Is in possession of a valid driver's license or photo ID issued by the state of Kentucky;

  2. Is currently registered to vote in Kentucky;

  3. Owns an automobile registered in Kentucky;

  4. Filed a Kentucky income tax return for the calendar year preceding the date of application;

  5. Is stationed in Kentucky on active military orders for at least one (1) year as a member of the Armed Forces, or is a dependent of the Armed Forces member;

  6. Is currently enrolled as a student at an institution of higher learning located in Kentucky and meets the residency requirements of 13 KAR 2:045; or

  7. If none of the above is attainable, the person shall provide alternate verification of residency as approved by the KCDHH Executive Director;

(b) At least five (5) years of age and if the applicant is between five (5) and eighteen (18) years of age, the applicant's parents or guardians shall:

  1. Apply on behalf of the child; and

  2. Assume full responsibility for the equipment; and

(c) Deaf, hard of hearing, or speech impaired such that the applicant cannot use a telecommunications access line independently for communication without adaptive specialized telecommunications equipment.

(2) In addition to requirements listed in subsection (1) of this section, an applicant for a wireless STE shall be at least thirteen (13) years of age.

(3) An application shall be:

(a) Made on a "Telecommunications Access Program Application and Certification" form, using either hardcopy or electronic format;

(b) Signed, with anelectronic signature if on the electronic form, and submitted in person, by facsimile, electronic mail, or by mail; and

(c) Accompanied by:

  1. An electronic or hardcopy of a telephone or internet bill showing telephone number and name and address of the person being billed for residential telephone service, unless the applicant is applying under the conditions of Section 2(6) of this administrative regulation;

  2. An electronic or hardcopy of the applicant's proof of residence; and

  3. Document of certification, as required by subsection (5) of this section.

(4) An applicant shall provide additional supporting documentation to verify information provided on the application, if requested by KCDHH.

(5) An applicant shall provide professional certification of the extent and permanence of the applicant's disability.

(a) Certification shall be at the applicant's expense.

(b) Certification shall be performed and provided by:

  1. A licensed physician, licensed PAC, or licensed APRN;

  2. A licensed audiologist;

  3. A licensed speech-language pathologist, which verifies that the applicant has the ability to access telecommunications independently;

  4. A licensed hearing instrument specialist; or

  5. With prior approval by KCDHH, a licensed or certified individual that works for a public or private agency providing direct services to deaf, hard of hearing, or speech-impaired individuals.

(6) Except for an individual receiving assistance from a program providing telephone services to persons normally unable to afford the services, or an applicant for a wireless device, an applicant shall subscribe to or have currently applied for telecommunications service, including:

(a) Installation of a telecommunications line in the applicant's home, at the applicant's expense; and

(b) Payment of monthly telecommunications bills.

(7) Eligible applicants shall be awarded program participation on a first-come, first-serve basis, in accordance with the approved date, as determined by the dated signature of the Telecommunications Access Program staff. Eligible applicants shall be placed on a waiting list during times of fiscal constraint.

(8) KCDHH shall distribute the STE in compliance with:

(a) The Model Procurement Code, KRS Chapter 45A; and

(b) 735 KAR 1:020.

(9) Not more than two (2) STEs, one (1) of which shall be a visual, auditory, or tactile signaler package, shall be distributed to a deaf, hard of hearing, or speech-impaired individual per telecommunications access line.

Section 3. Application Process.

(1) The KCDHH staff shall provide assistance in completing forms if requested by an applicant.

(2) The Telecommunications Access Program staff shall review each application in the order the KCDHH office receives them, in order to determine if:

(a) All the necessary information is completed on the application;

(b) All required documentation is included; and

(c) All eligibility requirements are met.

(3) If the criteria in subsection 2 of this section are met, the application shall be approved, dated, and signed by the Telecommunications Access Program staff. The approved date shall determine the first-come, first-served roster.

(4) The KCDHH shall, within sixty (60) days of receipt of the application, notify an applicant if the application has been approved or rejected.

(5) The KCDHH shall, within sixty (60) days of receipt of the application, provide to an ineligible applicant, written reasons for the determination of ineligibility. An applicant denied participation may reapply if, due to a change in conditions, the eligibility requirements as delineated in Section 2 of this administrative regulation are met.

(6) Training to properly use the STE shall be provided to applicants upon request.

Section 4. An application shall be denied if:

(1) The applicant does not meet the eligibility requirements as established in KRS 163.525, this administrative regulation or 735 KAR 1:020;

(2) The applicant has received STE from the Telecommunications Access Program within the preceding four (4) years;

(3) The applicant is an active consumer of the Office of Vocational Rehabilitation and receives STE as part of an individual plan of employment, also known as an "IPE";

(4) The applicant has negligently or willfully damaged a STE previously received from the KCDHH's Telecommunications Access Program, or has violated another provision of the law governing the Telecommunications Access Program; or

(5) The applicant has the STE stolen, without a police report, or has lost or sold the STE.

Section 5. Replacing the Specialized Telecommunications Equipment. During times of fiscal constraint a reapplication shall be accepted and held pending until funds become available. An applicant shall provide verification of eligibility when the reapplication is processed.

(1) A recipient may apply to replace the original STE if:

(a) The STE is damaged as a result of a natural disaster;

(b) There is a change in status, such as deteriorating vision or hearing;

(c) A new device has become available through the Telecommunications Access Program that is more appropriate to the recipient's disability than a device previously received through the program; or

(d) It has been four (4) years since the applicant last received STE.

(2) As funds are available, new STE to replace existing STE shall be issued to applicants who:

(a) Demonstrate eligibility; and

(b) Comply with the provisions of the administrative regulations governing the Telecommunications Access Program established in this administrative regulation and 735 KAR 1:020.

(3) Priority shall be given in the distribution of STE to first-time recipients during times of fiscal constraint.

(4)

(a) If a replacement is requested because the STE is damaged as a result of a natural disaster, the recipient shall send the damaged equipment directly to the vendor as directed by Telecommunications Access Program staff.

(b) If the vendor certifies that the equipment provided to the recipient is irreparable due to natural disaster, a replacement shall be issued to the recipient, upon reapplication, subject to:

  1. Equipment availability;

  2. Compliance with eligibility criteria established in this administrative regulation;

  3. The first-come, first-served provision; and

  4. Availability of funds.

(5) If the recipient obtains certification from an approved physician, PAC, audiologist, hearing instrument specialist, APRN, or speech-language pathologist stating that the recipient will benefit from another device available through the KCDHH Telecommunications Access Program due to a change in disability status or a new device becoming available, then a replacement shall be issued to the applicant based on eligibility criteria, first-come, first-served basis and availability of funds.

Section 6. Fraud. If a recipient obtained STE under false premises or through misrepresentation of facts on the application, or sold or gave away the STE, and the violation is documented, the recipient shall be ineligible to participate in the KCDHH Telecommunications Access Program thereafter.

Section 7. Confidentiality. All applicant and recipient information shall be kept confidential in compliance with the Open Records Law, KRS 61.878.

Section 8. Incorporation by Reference.

(1) "Telecommunications Access Program Application and Certification", July 2018, is incorporated by reference and mirrors the electronic application.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the offices of the Kentucky Commission on the Deaf and Hard of Hearing, 632 Versailles Road, Frankfort, Kentucky 40601, phone 800-372-2907, V/TDD or (502) 573-2604 V/TDD, or 502-416-0607 VP, Monday through Friday, 8 a.m. to 4:30 p.m.

History

  • RELATES TO: KRS 12.290, Chapter 45A, 61.878, 163.525-163.527, 334.010(9), 334.020, 29 U.S.C. 794, 42 U.S.C. 12101
  • STATUTORY AUTHORITY: KRS 12.290, 163.525(5)
  • NECESSITY, FUNCTION, AND CONFORMITY: KRS 12.290 requires each administrative body of state government to promulgate administrative regulations in compliance with federal mandates to provide accessibility to services by persons who are deaf or hard-of-hearing. KRS 163.525(5) requires the Commission on the Deaf and Hard of Hearing to promulgate administrative regulations to establish procedures for application for, and distribution of, specialized telecommunications equipment. This administrative regulation establishes eligibility criteria, requirements for application, and certification procedures.
  • History: 735 KAR 001:010. 21 Ky.R. 2866; Am. 22 Ky.R. 48; eff. 7-6-95; 23 Ky.R. 1443; eff. 11-7-96; 25 Ky.R. 1146; eff. 1-19-99; 28 Ky.R. 698; 1126; eff. 11-5-2001; 33 Ky.R. 1706; 2296; eff. 3-9-07; 35 Ky.R. 2565; 36 Ky.R. 65; eff. 7-13-2009; 38 Ky.R. 1223; 1447; eff. 3-2-2012 – Amd 44 Ky.R. 2388; 45 Ky.R. 34; eff. 8-6-2018; Crt eff. 8-5-2025.
735 KAR 1:020 Processing system including vendor participation, security, and maintenance and repair for specialized telecommunications equipment {#sec-735-kar-1-020 omnilex-key=us-ky-regs-official--title-735--735 KAR 1:020}

Section 1. Definitions.

(1) "Applicant" means a person who applies to receive specialized telecommunications equipment under the auspices of the KCDHH Telecommunications Access Program.

(2) "Application" means the current KCDHH Telecommunications Access Program application entitled "Telecommunications Access Program Application and Certification" available in both hardcopy and electronic format.

(3) "Approved date" means the date that all supporting documentation for the application is received and verified by the KCDHH as complete.

(4) "APRN" means Advanced Practice Registered Nurse licensed by the Kentucky Board of Nursing as defined by KRS 314.011(7).

(5) "Audiologist" is defined by KRS 334A.020(5), and is limited to a person licensed by the board, as defined by KRS 334A.020(1).

(6) "Certification" means professional verification of the extent and permanence of the applicant's disability.

(7) "Deaf" and "hard of hearing" are defined by KRS 163.500.

(8) "Deaf-blind" means an individual whose primary disability is deafness and secondary disability is vision impairment.

(9) "ENT" or Otolaryngologist" means a medical professional trained in the medical and surgical management of patients with diseases and disorders of the ear, nose, and throat.

(10) "Fiscal constraint" means when seventy-five (75) percent of annual program funds have been disbursed or encumbered.

(11) "Hearing instrument specialist" means "specialist in hearing instruments" as defined by KRS 334.010(9).

(12) "KCDHH" means the Kentucky Commission on the Deaf and Hard of Hearing, as described at KRS 163.506.

(13) "Physician" means a person:

(a) With a medical degree;

(b) Licensed by the state in which he or she practices medicine; and

(c) Recognized, by the state Board of Medical Licensure in the state in which the physician practices, as a specialist in:

  1. Family practice;

  2. General practice;

  3. Otolaryngology; or

  4. Internal Medicine.

(14) "Physician Assistant Certified" (PAC) means a person licensed under KRS 311.840 to 311.862.

(15) "Recipient" means a person who receives specialized telecommunications equipment under the auspices of the KCDHH Telecommunications Access Program.

(16) "Specialized telecommunications equipment" or "STE" is defined by KRS 163.525(1)(a)

(17) "Speech-impaired" means a person with a communication disorder such as stuttering, impaired articulation, impaired language, or impaired voice that adversely affects the use of telecommunications access lines.

(18) "Speech-language pathologist" is defined by KRS 334A.020(3), and is limited to a person licensed by the board, as defined by KRS 334A.020(1).

(19) "Telecommunications Access Line" means the transmission of auditory, visual, and typed communication via electronic airwaves or hard-wired methods.

(20) "Telecommunications Access Program" is defined by KRS 163.525(1)(b).

Section 2. Processing System.

(1) The KCDHH shall use accounting procedures consistent with Commonwealth accounting practices in compliance with applicable sections of the Model Procurement Code, KRS Chapter 45.

(2) Contracting, purchasing, bidding, invoicing, and payment practices shall be conducted in accordance with applicable provisions of the Model Procurement Code, KRS Chapter 45A, and shall be applied uniformly to vendors.

(3) The KCDHH Telecommunications Access Program accounts shall be audited on a regular basis by the Auditor of Public Accounts.

Section 3. Vendor and Recipient Participation.

(1) The vendor shall be responsible for complying with the provisions of the Model Procurement Code, KRS Chapter 45, as established in the contract between the vendor and KCDHH. The vendor shall:

(a) Mail or otherwise deliver the STE directly to the recipient's Kentucky residence; and

(b) Send the following to the KCDHH:

  1. An itemized invoice with the recipient's name and STE model and serial number; and

  2. A copy of the delivery receipt for the STE sent to the recipient.

(2) The vendor, in exchange for an itemized invoice and a copy of the delivery receipt, shall be paid by the KCDHH through the state accounting system pursuant to the Memorandum of Agreement established between the Public Service Commission and the KCDHH.

(3) The recipient shall be responsible for any costs involved in having features not specified in the vendor contract added to the recipient's STE. This includes the responsibility for the maintenance and repair of those features not specified in the vendor contract.

(4) Ownership rights and responsibilities for the STE shall belong to the recipient, as evidenced by the recipient's copy of the delivery receipt. Equipment obtained under this program shall not be sold, loaned, gifted or otherwise transferred out of the possession of the originally authorized recipient. Any person who attempts to sell or who knowingly purchases stolen equipment shall be disqualified from the program indefinitely.

(a) A recipient shall not be responsible for the actual maintenance and repair of the equipment during the applicable warranty period. In order to have a malfunctioning STE repaired, the recipient shall:

  1. Contact the KCDHH, or the vendor if applicable to the contract; and

  2. Comply with the repair and maintenance procedures established in Section 5 of this administrative regulation.

(b) Each recipient shall:

  1. Assume responsibility for monthly maintenance of the telecommunications access line as described in 735 KAR 1:010; and

  2. Pay for other general costs and supplies associated with the functions and use of the STE.

(c) A recipient shall be responsible for the loss of an STE received under the auspices of the KCDHH Telecommunications Access Program.

Section 4. Security. The recipient shall:

(1) Notify the KCDHH within ten (10) working days if the equipment is lost or damaged; and

(2) File a police report and send it to KCDHH, if the equipment is stolen.

Section 5. Maintenance and Repair Procedures.

(1) A recipient shall report equipment in need of repair to the KCDHH or the vendor if applicable to the contract. If applicable, the Telecommunications Access Program staff shall inform the recipient of:

(a) The mailing address and telephone number of the manufacturer; and

(b) The purchase order number for the equipment.

(2) The recipient shall:

(a) Report the problem to the vendor that distributed the equipment, as instructed by Telecommunications Access Program staff.;

(b) Ask that the appropriate vendor pay for shipping the defective equipment:

  1. To the vendor's designated place of repair; and

  2. Back to the recipient, once repaired.

(3) The vendor shall determine from the contracted repair agent whether the STE is repaired or is not repairable. The vendor shall obtain and provide verification of the transaction to KCDHH. If the warranty period has ended, per the vendor's contract, the recipient shall assume financial responsibility for repair of the equipment.

(4) A recipient shall notify the KCDHH immediately of a change of residential address.

History

  • RELATES TO: KRS 12.290, Chapter 45A, 61.878, KRS 163.525-163.527, 278.5499, 334.020, 29 U.S.C. 794, 42 U.S.C. 12101
  • STATUTORY AUTHORITY: KRS 12.290, 163.525(5)
  • NECESSITY, FUNCTION, AND CONFORMITY: KRS 12.290 requires each administrative body of state government to promulgate administrative regulations in compliance with federal mandates to provide accessibility to services by persons who are deaf or hard of hearing. KRS 163.525(5) requires the Commission on the Deaf and Hard of Hearing to promulgate administrative regulations to establish procedures for application for, and distribution of, telecommunications devices. This administrative regulation establishes procedures for specialized telecommunications equipment vendors, for security, and for maintenance and repair.
  • History: 735 KAR 001:020. 21 Ky.R. 2870; Am. 22 Ky.R. 50; eff. 7-6-1995; 23 Ky.R. 1447; eff. 11-7-1996; 25 Ky.R. 1149; eff. 1-19-1999; 28 Ky.R. 701; 1129; eff. 11-5-2001; 33 Ky.R. 1709; 2298; eff. 3-9-2007; 35 Ky.R. 2570; 36 Ky.R. 67; eff. 7-13-2009; 38 Ky.R. 1227; 1449; eff. 3-2-2012 – Amd 44 Ky.R. 2391; 45 Ky.R. 36; eff. 8-6-2018; Crt eff. 8-5-2025.

Chapter 2 Interpreter Referral Services

735 KAR 2:010 Definitions for 735 KAR Chapter 2 {#sec-735-kar-2-010 omnilex-key=us-ky-regs-official--title-735--735 KAR 2:010}

Section 1.

(1) "American Sign Language" (ASL) means a nonverbal language consisting of the following elements:

(a) Handshape;

(b) Position;

(c) Hand movement;

(d) Orientation of the hands;

(e) Facial expression; and

(f) Body language.

(2) "Assigned interpreter," means the independent vendor interpreter who commits to provide interpreting services for a particular event.

(3) "Assignment" means an event interpreted for the enhancement of communication between deaf, hard of hearing, and hearing individuals.

(4) "Certified interpreter or Transliterator" means a sign language, oral, or cued speech interpreter or transliterator who was awarded certification by demonstrating an advanced level of expressive and receptive skills.

(5) "Close visual range interpreting" means an interpreting technique used with deaf people with limited vision.

(6) "Communication Access Realtime Translation" (CART) means a service that is provided by a realtime reporter by converting spoken English into a printed English format, primarily used by hard of hearing people.

(7) "Code of ethics" or Code of Professional Conduct, means principles that guide ethical behavior of sign language interpreters, and is established by an interpreter's national certifying organization to guide an interpreter or transliterator in dealings with a hearing, or deaf, or hard of hearing person.

(8) "Cued speech" means a method of communication for use with and by a deaf and hard of hearing person, in which eight (8) configurations and four (4) positions of one (1), of either, hand are used to supplement the visible manifestations of natural speech.

(9) "Deaf and hard of hearing" means a person who is unable to hear and understand speech clearly by ear, with or without a hearing aid. This term includes a person who:

(a) Is deaf or hard of hearing;

(b) Is deaf-blind;

(c) Is late deafened;

(d) Is recently deafened;

(e) Is oral deaf; or

(f) Has a similar hearing disorder.

(10) "Deaf Interpreter" (DI) means a deaf or hard of hearing individual, who is able to assist in providing an accurate interpretation between standard sign language and variants of sign language,including home signs, by acting as an intermediary between a deaf or hard of hearing person and an interpreter or transliterator.

(11) "Emergency" means a situation of an urgent nature in which the consumer or client determine that the delay of the event for more than twenty-four (24) hours is likely to result in injury or loss.

(12) "Extended Assignment" means an assigned event for an interpreter or captioner that includes an overnight stay or requires on call twenty-four (24) hour coordination.

(13) "Interaccount", for the purpose of KRS 163.510(4), means that one (1) state agency charges another state agency through the state's internal financial system, as outlined in KRS Chapter 45A.

(14) "Interpretation" means the process of transmitting spoken English into American Sign Language or gestural communication, voice-to-sign; and the process of transmitting American Sign Language or gestural communication into spoken English,sign-to-voice.

(15) "No show assignment" means an assignment at which the deaf or hard of hearing person or the state agency interpreter or captioner representative did not appear for the scheduled event.

(16) "Nontraditional interpreting services" means the utilization of video-conferencing technology to eliminate the necessity of the interpreter having to travel to the site of the event or utilization of remote captioning technology to eliminate the necessity of the captioner traveling to the site of the event.

(17) "Oral interpreting" means facilitating a mode of communication utilizing speech, speech-reading, and residual hearing as a primary means of communication and using situational and culturally appropriate gestures, without the use of sign language.

(18) "Preferred mode of communication" means the method of communication that the deaf or hard of hearing individual is most expressive and comfortable using.

(19) "Referral service" means a service that specializes in coordinating interpreting or captioning services and acts as an intermediary between the interpreter or captioner and the state agency providing services to a deaf or hard of hearing consumer.

(20) "Replacement interpreter" means an interpreter sent to replace the assigned interpreter for a specific event if there is a:

(a) Schedule conflict;

(b) Illness; or

(c) Unforeseen event that prevents attendance of the assigned interpreter.

(21) "Staff interpreter" means an interpreter who works exclusively for, and is considered an employee of, a particular agency or organization.

(22) "State Agency" or "State Agencies", for purposes of KRS 163.510(4) and this Chapter, means an organizational unit within the Executive Branch of state government, as define in KRS 12.010 (1) through(7), or an agency within the Legislative Branch of state government.

(23) "State Employee", for the purposes of KRS 163.510(4) and this Chapter, means a person who is permanently employed by a state agency within the Executive or Legislative Branch of state government.

(24) "Tactile interpreting" means a communication technique used by and with deaf-blind individuals and deaf individuals with limited vision involving touch of the shape, movement and location of signs.

(25) "Team interpreting" means the utilization of two (2) or more interpreters who:

(a) Function as a team;

(b) Rotate responsibilities at prearranged intervals; and

(c) Provide support and feedback to each other.

(26) "Transliteration" means the process of transmitting:

(a) Spoken English into one (1) of the English-related or English oriented varieties of sign language,voice-to-sign; and

(b) One of the English-related or English-oriented varieties of sign language into spoken English,sign-to-voice.

(27) "Traditional interpreting services" means the interpreter or captioner appears at the event in person and provides interpreting or captioning services on site.

History

  • RELATES TO: KRS 12.290, KRS 163.510(4), KRS 309.300, 29 U.S.C. 794, 42 U.S.C. 12101
  • STATUTORY AUTHORITY: KRS 12.290, 163.510(4)
  • NECESSITY, FUNCTION, AND CONFORMITY: KRS 12.290 requires each administrative body of state government to promulgate administrative regulations in compliance with federal mandates to provide accessibility to services by persons who are deaf or hard of hearing. KRS 163.510(4) requires the Commission on the Deaf and Hard of Hearing to oversee the provision of interpreter services to the deaf and hard of hearing. This administrative regulation establishes definitions necessary to implement the Interpreter Referral Services Program.
  • History: 735 KAR 002:010. 25 Ky.R. 951; Am. 1357; eff. 12-3-1998; 44 Ky.R. 2394; 45 Ky.R. 38; eff. 8-6-2018; Crt eff. 8-5-2025.
735 KAR 2:020 KCDHH Interpreter Referral Services Program parameters {#sec-735-kar-2-020 omnilex-key=us-ky-regs-official--title-735--735 KAR 2:020}

Section 1.

(1) In accordance with the requirements of the Rehabilitation Act,29 U.S.C. 794, and the Americans with Disabilities Act, 42 U.S.C. 12132, KCDHH Interpreter Referral Services shall be provided to a state agency if:

(a) An individual who is deaf or hard of hearing requires interpreting or captioning services to access state services;

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

(c) Required under a provision of the Rehabilitation Act or Americans with Disabilities Act; or

(d) Necessary to provide accessibility to a public event, as defined by the Rehabilitation Act or Americans with Disabilities Act.

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

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

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

(5) 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".

(6) The KCDHH shall assign a deaf interpreter (DI) in accordance with standard practices in the interpreting profession.

(7) A nationally certified and state licensed interpreter shall be required when working for the KCDHH Interpreter Referral Services Program.

(8) 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 Program shall provide the referral and share the average rate for services within the state, but shall not dictate hourly fees nor administer billing for services.

(9) The KCDHH shall:

(a) Respond to all requests for interpreting or CART 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;

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

(a) That the search for an interpreter or CART cease;

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

(c) Rescheduling of the event with KCDHH Interpreter Referral Services Program staff continuing to seek a qualified interpreter or CART for the new assignment date.

History

  • 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 12.290 requires each department, program cabinet, and administrative body of state government to promulgate administrative regulations to provide accessibility to all services by persons who are deaf or hard-of-hearing. KRS163.510(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.
  • History: 735 KAR 002:020. 25 Ky.R. 953; Am. 1358; eff. 12-3-1998; 44 Ky.R. 2396; 45 Ky.R. 39; eff. 8-6-2018; Crt eff. 8-5-2025.
735 KAR 2:030 Interpreter qualifications {#sec-735-kar-2-030 omnilex-key=us-ky-regs-official--title-735--735 KAR 2:030}

Section 1.

(1) A staff or assigned American Sign Language or oral interpreter shall be certified by a nationally certified body, such as the:

(a) National Association of the Deaf (NAD);

(b) National Registry of Interpreters for the Deaf (RID);

(c) National Interpreter Certification (NIC); or

(d) Board for Evaluation of Interpreters (BEI) certification program.

(2) A cued speech transliterator shall be certified by the National Training Evaluation and Certification Unit.

History

  • 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 qualifications for the interpreters utilized by the Interpreter Referral Services Program.
  • History: 735 KAR 002:030. 25 Ky.R. 954; Am. 1359; eff. 12-3-1998 – Amd 44 Ky.R. 2398; 45 Ky.R. 39; eff. 8-6-2018; Crt eff. 8-5-2025.
735 KAR 2:040 Interpreter protocols {#sec-735-kar-2-040 omnilex-key=us-ky-regs-official--title-735--735 KAR 2:040}

Section 1.

(1) A staff or assigned interpreter shall adhere to the Interpreter's Code of Professional Conduct and:

(a) Keep assignment-related information strictly confidential;

(b) Be impartial to a proceeding;

(c) Recognize and work within his range of ability;

(d) Not accept an assignment beyond his skill level;

(e) Promptly notify Interpreter Referral Services Program staff if the communication mode of a deaf or hard of hearing person requires the additional skills of a deaf interpreter; and

(f) Arrive at an assignment fifteen (15) minutes before the scheduled starting time to:

  1. Arrange logistics; and

  2. Confer with the consumer and another interpreter.

(2) A KCDHH Interpreter Referral Services Program assigned interpreter shall display professional demeanor and conduct by:

(a) Wearing appropriate professional clothing, as outlined in the Code of Professional Conduct for the interpreter's national certifying organization, and

(b) Treating a deaf, hard of hearing, or hearing consumer involved in the assignment, pleasantly, fairly, and with respect.

(3) An Interpreter Referral Services Program staff interpreter, or assigned interpreter, shall comply with the code of ethics pursuant to 201 KAR 39:120 and the interpreter's national certifying organization of the:

(a) National Registry of Interpreters for the Deaf;

(b) National Association of the Deaf; or

(c) Board for Evaluation of Interpreters Certification Program.

(4) Assignment conflicts.

(a) If an assigned interpreter is unable to fill the assignment because of illness or another unforeseen conflict, he shall contact the Interpreter Referral Services Program staff as soon as he becomes aware of the conflict.

(b) The staff of the KCDHH Interpreter Referral Services Program shall be responsible for contacting and attempting to secure a replacement interpreter for the assignment.

(5) If resources are available, the KCDHH Interpreter Referral Services Program may provide a professional development opportunity for assigned interpreters and staff interpreters. A development opportunity may include:

(a) A mentoring program;

(b) Diagnostic assessment and feedback;

(c) Support for interpreter training or testing opportunities; and

(d) Similar programs.

(6) The national certifying organizations listed under subsection (3) of this Section have all adopted The National Association of the Deaf - Registry of Interpreters for the Deaf Code of Professional Conduct.

Section 2. Incorporation by Reference.

(1) " The National Association of the Deaf – Registry of Interpreters for the Deaf Code of Professional Conduct", (2005), is incorporated by reference.

(2) This material may be inspected, copied, or obtained at Kentucky Commission on the Deaf and Hard of Hearing, 632 Versailles Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

  • RELATES TO: KRS 12.290, 163.510(4), 163.515(2)(c)
  • STATUTORY AUTHORITY: KRS 12.290, 163.510(4), 163.515 (2)(c)
  • NECESSITY, FUNCTION, AND CONFORMITY: KRS 12.290 requires each department, program cabinet, and administrative body of state government to promulgate administrative regulations to provide accessibility to all services by persons who are deaf or hard-of-hearing. KRS 163.515(2)(c) requires that the Executive Director of the Commission on the Deaf and Hard of Hearing promote the training of interpreters for the deaf and hard of hearing. 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 interpreter protocols.
  • History: 735 KAR 002:040. 25 Ky.R. 955; Am. 1360; eff. 12-3-1998 – Amd 44 Ky.R.2399; 45 Ky.R. 40; eff. 8-6-2018; Crt eff. 8-5-2025.
735 KAR 2:050 Processing of requests for services {#sec-735-kar-2-050 omnilex-key=us-ky-regs-official--title-735--735 KAR 2:050}

Section 1.

(1) In accordance with the requirements of the Rehabilitation Act,29 U.S.C. 794, and the Americans with Disabilities Act, 42 U.S.C. 12132, the KCDHH Interpreter Referral Services Program shall coordinate with a state agency to provide services if:

(a) A deaf or hard of hearing individual requires access to services provided by a state agency;

(b) A state agency authorizes services for an employee who is deaf or hard of hearing;

(c) Required under a provision of the Rehabilitation Act or Americans with Disabilities Act; or

(d) Necessary for a state agency to provide accessibility to a public event, as defined by the Rehabilitation Act or Americans with Disabilities Act.

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

(a) Date and time of event to be interpreted or captioned;

(b) Expected length of the interpreted or captioned event;

(c) Deaf or hard of hearing consumer and state agency names;

(d) Consumer communication preference, if known;

(e) Assignment location;

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

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

(h) A request for a specific interpreter or captioner; and

(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 or captioner, including:

  1. Directions to the event location;

  2. Notice of special needs, including a tactile or oral interpreting request, a deaf interpreter, specialized vocabulary, or set up needs for captioning; and

  3. Specific non-traditional attire requirements, if appropriate.

(3) An agency shall submit an interpreting or captioning services request by doing one (1) of the following:

(a) Telephoning or emailing the staff of the KCDHH Interpreter Referral Services Program;

(b) Submitting a request through the KCDHH Web site at http://www.kcdhh.org; or

(c) Videophone.

(4) A request for interpreting or captioning services shall be considered a binding agreement, in accordance with KRS Chapter 45A, between the requesting agency and the KCDHH Interpreter Referral Services Program, 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 or captioning 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.

(6) Upon receiving a request for an interpreting or captioning assignment, the Interpreter Referral Services Program staff shall first attempt to schedule an assigned interpreter or captioner for the event, if one (1) is available and qualified. If there are no assigned interpreters or captioners available, staff shall then attempt to schedule a staff interpreter or another captioner.

(7) If a specific interpreter or captioner is requested by an agency or consumer, the Interpreter Referral Services Program 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 certified interpreters; therefore, the KCDHH shall hire and assign an interpreter or captioner based on the following criteria:

(a) Current and valid interpreter certification awarded by a nationally recognized organization, as outlined in 735 KAR 2:030;

(b) Meeting interpreter licensure requirements as outlined in KRS 309.300 to 309.319;

(c) Years of experience and references for captioners;

(d) Consumer preference is honored whenever possible; and

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

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

(10) Due to the high demand for interpreting and captioning services and for specialized skills, the Interpreter Referral Services Program shall reserve the right to reassign an interpreter or captioner, as appropriate, based on skill level, qualifications or regional location if fiscal constraints are evident. If an assigned interpreter or captioner is reassigned, the Interpreter Referral Services Program staff shall notify the state agency of the name of the replacement assigned interpreter or captioner.

(11) The Interpreter Referral Services Program staff shall notify the assigned interpreter or captioner 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) The interpreter orcaptioner shall inform the Interpreter Referral Services Program staff of any changes to the interpreter's or captioner's ability to keep the assignment.

(13) The Interpreter Referral Services Program is not responsible for fees associated with the assignment; however, interpreters or captioners are encouraged to notify the requesting agency of their fees prior to accepting the assignment.

(14) A client or consumer may refuse the services of an interpreter or captioner and request a replacement. If a replacement is requested, Interpreter Referral Services Program staff shall try to fill the request if possible. However, the Interpreter Referral Services Program shall not guarantee a replacement.

(15) The interpreter or captioner assigned to the event, and the requesting agency, shall notify the Interpreter Referral Services Program staff of any changes related to the assignment as soon as possible.

(16) The KCDHH Interpreter Referral Services Program does not guarantee that all interpreting or captioning requests will be filled. All requests are subject to:

(a) Prior-approval by the KCDHH Executive Director; or

(b) The availability of the appropriate interpreter(s) or captioner.

History

  • RELATES TO: KRS 12.290, 163.510(4), 29 U.S.C. 794, 42 U.S.C. 12101, 12132
  • STATUTORY AUTHORITY: KRS 12.290, 163.510(4)
  • NECESSITY, FUNCTION, AND CONFORMITY: KRS 12.290 requires that each department, program cabinet, and administrative body of state government shall promulgate administrative regulations to provide accessibility to all services by persons who are deaf or hard-of-hearing in compliance with federal mandates including 29 U.S.C. sec. 794, a part of the Rehabilitation Act of 1973, and 42 U.S.C. secs. 12101 et seq., a part of the Americans with Disabilities Act of 1990. KRS 163.510(4) requires the commission to oversee the provision of interpreter and Communication Access Realtime Translation (CART) captioning services to the deaf and hard of hearing. This administrative regulation establishes the process for requesting services from the KCDHH Interpreter Referral Services Program.
  • History: 735 KAR 002:050. 25 Ky.R. 956; Am. 1361; eff. 12-3-1998; 44 Ky.R. 2401; 45 Ky.R. 40; eff. 8-6-2018; Crt eff. 8-5-2025.
735 KAR 2:060 Grievance procedures {#sec-735-kar-2-060 omnilex-key=us-ky-regs-official--title-735--735 KAR 2:060}

Section 1.

(1) Grievances may be filed against the:

(a) Interpreter;

(b) Captioner;

(c) State agency;

(d) KCDHH Interpreter Referral Services Program staff; or

(e) Interpreter Referral Agency.

(2) All grievances shall be submitted in writing or on video within ninety (90) days of the event in question to the Executive Director of the Kentucky Commission on the Deaf and Hard of Hearing, 632 Versailles Road, Frankfort, Kentucky 40601 and shall include:

(a) Name, address, and phone number of person filing the grievance;

(b) Name and role,i.e., interpreter, captioner, state agency, referral agency, of person(s) against whom the grievance is being filed;

(c) Date, time, and location of the alleged violation;

(d) Description of the alleged violation and, if known, reference made to the appropriate authorizing body, as established in 201 KAR 39:120, the Code of Ethics, and the nature of the alleged violation; and

(e) Signature of the complainant.

(3) Anonymous grievances will not be recognized.

(4) The KCDHH Executive Director will investigate the alleged grievance within thirty (30) days of receiving the grievance.

(5) Copies of the grievance shall be made available to the:

(a) Complainant;

(b) Respondent as theperson whom the grievance is against;

(c) Witnesses; and

(d) All other pertinent parties to the grievance or the investigation.

(6) The KCDHH Executive Director shall submit a written decision within sixty (60) days of receiving the grievance, which may result in:

(a) Mediation among the involved parties; and

(b) Dismissal of the grievance; or

(c) The grievance being referred to the Kentucky Board of Interpreters, if the grievance is of serious nature.

(7) If the decision of the KCDHH Executive Director is appealed, the KCDHH Commissioner Executive Board shall review the decision and make a ruling.

(8) If the decision of the KCDHH Commissioner Executive Board is appealed, then the KCDHH shall comply with all provisions of KRS Chapter 13B.

(9) The KCDHH Interpreter Referral Service Program may discontinue utilizing the services of an interpreter, the State agency, Interpreter Referral Agency, or captioner based upon the findings of a grievance that by a preponderance of the evidence, with evidence sufficient to conclude that it is more likely than not, conduct such as the following occurred:

(a) Noncompliance with licensure requirements; or

(b) Not meeting ethical standards and professional business protocols.

(10) All records of grievances filed and the proceedings shall be kept at the KCDHH offices in accordance with the Open Records and Open Meetings Law.

History

  • RELATES TO: KRS 12.290, 163.510(4)
  • STATUTORY AUTHORITY: KRS 163.510(4), 163.515
  • NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation is necessary to implement KRS 163.510(4), which authorizes the Kentucky Commission on the Deaf and Hard of Hearing to oversee the provision of interpreting and captioning services and to provide such services if necessary. This administrative regulation establishes a process for receiving and handling complaints against interpreters, captioners, state agencies or the Interpreter Referral Services Program.
  • History: 735 KAR 002:60. 25 Ky.R. 958; eff. 1-19-1999; 44 Ky.R. 2403; 45 Ky.R. 41; eff. 8-6-2018; Crt eff. 8-5-2025.

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