Title 192 W. Va. C.S.R.

Deaf And Hard Of Hearing Deaf And Hard Of Hearing

Series 01 Fees For Qualified Interpreters

W. Va. Code R. § 192-1-1 General

1.1. Scope. -- This legislative rule establishes fees for the services of qualified interpreters for a deaf person in certain legal proceedings.

1.2. Authority. -- W. Va. Code §5-14A-9.

1.3. Filing Date. -- April 12, 2012.

1.4. Effective Date. -- April 12, 2012.

1.5. Application. -- This rule applies to any court, department, board, commission, agency, licensing authority, political subdivision or municipality of the state which is required under the provisions of W. Va. Code §5-14a-1 et seq. to provide an interpreter in certain legal proceedings for an individual who is deaf.

1.6. Enforcement. -- This rule is enforced by the commissioner of the commission for the deaf and hard of hearing.

W. Va. Code R. § 192-1-2 Definitions

2.1. CDI-P (Certified Deaf Interpreter-Provisional). -- A certification level assigned by the RID to individuals who are deaf or hard of hearing and who have demonstrated a minimum of one (1) year experience working as an interpreter, completion of at least eight (8) hours of training on the RID Code of Ethics, and eight (8) hours of training in general interpretation as it relates to the interpreter who is deaf or hard of hearing. Provisional certification is valid until one (1) year after the certified deaf interpreter examination is made available. Individuals with provisional certificates are required by the RID to take and pass the certified deaf interpreter examination in order to remain certified as a deaf interpreter. The certified deaf interpreter is designed to replace the RSC which is no longer offered. Individuals with a provisional certificate are recommended for a broad range of assignments where an interpreter who is deaf or hard of hearing would be beneficial.

2.2. CI (Certificate of Interpretation). -- A certification level assigned by the RID to individuals who are fully certified interpreters and have demonstrated the ability to interpret between American Sign Language and spoken English in both sign-to-voice and voice-to-sign. The interpreters ability to transliterate is not considered in this certification. Individuals who have a CI are recommended for a broad range of interpreting assignments.

2.3. CI and CT (Certification of Interpretation and Certificate of Transliteration). -- A certification level assigned by the RID to individuals who have demonstrated competence in both interpretation and transliteration and have the same flexibility of job acceptance as holders of the CSC. Holders of the CI and CT can be used for a broad range of interpretation and transliteration assignments.

2.4. Commission. -- West Virginia commission for the deaf and hard of hearing.

2.5. Commissioner. -- The commissioner of the commission for the deaf and hard of hearing.

2.6. CSC (Comprehensive Skills Certificate). -- A certification level assigned by the RID to individuals who have demonstrated the ability to interpret between American Sign Language and spoken English and to transliterate between spoken English and an English-based sign language. The CI and CT are replacements for the CSC. The CSC examination was offered until 1995. Individuals who have a CSC can be used for a broad range of interpreting and transliterating assignments.

2.7. CT (Certificate of Transliteration). -- A certification level assigned by the RID to individuals who are fully certified in transliteration and have demonstrated the ability to transliterate between English-based sign language and spoken English in both sign-to-voice and voice-to-sign. The transliterators ability to interpret is not considered in this certification. Individuals who have a CT can be used for a broad range of transliteration assignments.

2.8. Deaf. -- The hearing of an individual is nonfunctional for the ordinary purposes of life.

2.9. IC (Interpretation Certificate). -- A partial certification level assigned by the RID to individuals who have demonstrated the ability to transliterate between American Sign Language and spoken English. Individuals who have an IC received scores on the CSC examination which prevented the awarding of full CSC certification or partial IC/TC certification. (The IC is no longer offered by the RID.)

2.10. IC/TC (Interpretation/Transliteration Certificate). -- A partial certification level assigned by the RID to individuals who have demonstrated ability to transliterate between English and a signed code for English, and the ability to interpret between American Sign Language and spoken English. Individuals who have an IC received scores on the CSC examination which prevented the awarding of full CSC certification. (The IC/TC is no longer offered by the RID.)

2.11. Level I (Novice). -- The NAD certification level for a novice interpreter who has good and clear signing skills, but may not know the appropriate sign for everything needed. The interpreter might finger spell more than is necessary, might demonstrate considerable lag time, express deletions to keep up with interpreting and/or have difficulty in sign-to-voice situations.

2.12. Level II (Intermediate). -- The NAD certification level for an intermediate interpreter who has more skills in interpreting than a novice interpreter. In comparison to a Level I interpreter the Level II interpreter might demonstrate a larger sign vocabulary and use considerably less fingerspelling. The Level II interpreter might keep up a bit better, but might still lag behind farther than is comfortable, deleting more than is acceptable. The Level II interpreter might do well voice-to-sign, but clearly show difficulty in sign-to-voice. The interpreter demonstrates skills that would be adequate for some one-to-one interpreting situations.

2.13. Level III (Generalist). -- The NAD certification level for a generalist interpreter. The Level III interpreter has a good sign vocabulary but might have some problems in sign-to-voice.

2.14. Level IV (Advanced). -- The NAD certification level for an advanced interpreter who does very well in voice-to-sign interpretation and demonstrates little difficulty in sign-to-voice interpretation. The Level IV interpreter might demonstrate oddities in sign style and choice of signs used but demonstrates the skill necessary for just about any interpreting situation.

2.15. Level V (Master). -- The NAD certification level for a master interpreter who very rarely demonstrates difficulty in any interpreting situation.

2.16. NAD. -- National Association of the Deaf.

2.17. Non-Certified/Non-Screened. -- Interpreters who are learning sign language and not yet certified or licensed.

2.18. OIC:C (Oral Interpreting Certification: Comprehensive). -- A certification level assigned by the RID to individuals who demonstrate the ability to transliterate a spoken message from a person who hears to a person who is deaf or hard of hearing and the ability to understand and repeat the message and intent of the speech and mouth movements of the person who is deaf or hard of hearing. (The OIC:C is no longer offered by the RID.)

2.19. OIC:S/V (Oral Interpreting Certificate: Spoken to Visible). -- A partial certification level assigned by the RID to individuals who have demonstrated the ability to transliterate a spoken message from a person who hears to a person who is deaf or hard of hearing. This individual received scores on the OIC:C examination which prevented the awarding of full OIC:C certification. The OIC:S/V is no longer offered.

2.20. OIC:V/S (Oral Interpreting Certificate: Visible to Spoken). -- A partial certification level assigned by the RID to individuals who have demonstrated the ability to understand the speech and silent mouth movements of a person who is deaf or hard of hearing and to repeat the message for a hearing person. An individual with an OIC:V/S certificate received scores on the OIC:C examination which prevented the awarding of full OIC:C certification. (The OIC:V/S is no longer offered by the RID.)

2.21. Qualified Interpreter. -- An interpreter certified by NAD or RID, or, an interpreter whose qualifications are otherwise demonstrated and accepted by the commissioner as proving a level of interpretative skills suitable to the situation and the individual using the interpretive services.

2.22. RID. -- Registry of Interpreters for the Deaf.

2.23. RSC (Reverse Skills Certificate). -- A certification level assigned by the RID to individuals who have demonstrated the ability to interpret between American Sign Language and English-based sign language or transliterate between spoken English and a signed code for English. Individuals with an RSC certificate are deaf or hard of hearing and under interpretation/transliteration is rendered in American Sign Language, spoken English, a signed code for English or written English. Holders of the RSC are recommended for a broad range of interpreting assignments where the use of an interpreter who is deaf or hard of hearing would be beneficial. (The RID no longer offers an RSC and is developing standards for a replacement CDI certificate.)

2.24. SC:L (Specialist Certificate: Legal). -- A certification level assigned by the RID to individuals who have demonstrated specialized knowledge of legal settings and greater familiarity with language used in the legal system. Generalist certification and documented training and experience are prerequisites for this certificate. Holders of an SC:L can be used for a broad range of assignments in a legal setting.

2.25. SC:PA (Specialist Certificate: Performing Arts). -- A certification level assigned by the RID to individuals who have demonstrated specialized knowledge in performing arts interpretation. Individuals with an SC:PA can be used in a broad range of assignments in the performing arts. (The SC:PA is no longer offered by the RID.)

2.26. TC (Transliteration Certificate). -- A partial certification level assigned by the RID to individuals who have demonstrated the ability to transliterate between spoken English and a signed code for English. Individuals with a TC received scores on the CSC examination which prevented the awarding of full CSC certification or IC/TC certification. (The TC is no longer offered by the RID.)

W. Va. Code R. § 192-1-3 Fees Established

3.1. Each interpreting assignment and interpreters experience is different, and fees may vary. The appointing authority and interpreters are encouraged to agree on terms prior to the interpreting assignment.

3.2. The minimum hourly rates for various classes of interpreters are set forth in Table 192-1-A of this rule.

3.3. The total fee shall be determined based on the following:

3.3.a. Interpreters shall be paid for a minimum of two (2) hours regardless of the actual time required for the assignment;

3.3.b. Time spent over two (2) hours shall be paid in quarter (3) hour increments, rounded to the nearest fifteen (15) minutes;

3.3.c. Travel time shall be included as part of the minimum two (2) hours, but shall be counted separately if the total time required for the assignment exceeds two (2) hours;

3.3.d. The fee for an interpreter shall include reimbursement for reasonable and necessary expenses incurred, such as mileage, lodging and meals according to the usual and customary standards of the appointing agency;

3.3.e. Interpreters shall provide the appointing authority with an advance estimate of travel time and other anticipated expenditures;

3.3.f. The appointing authority shall provide an estimate of the time required for the assignment and shall specify a methodology for determining the additional time required by the assignment;

3.3.g. If the appointing authority cancels the assignment at least twenty-four (24) hours prior to the scheduled time, and the estimated time for the assignment is no more than one (1) day, then the appointing authority is not required to pay a fee;

3.3.h. If the appointing authority cancels the assignment less than twenty-four (24) hours prior to the scheduled time, and the estimated time for the assignment is no more than one (1) day, then the appointing authority shall pay the interpreter fifty percent (50%) of the anticipated total fee;

3.3.i. If the appointing authority cancels the assignment on the day of the assignment and the estimated time for the assignment is no more than one (1) day, then the appointing authority shall pay the interpreter one hundred percent (100%) of the anticipated total fee;

3.3.j. If the appointing authority cancels the assignment at least forty-eight (48) hours prior to the scheduled starting time of the assignment and the estimated time for the assignment is for more than one (1) day, then the appointing authority is not required to pay the interpreter;

3.3.k. If the appointing authority cancels the assignment at least twenty-four to forty-eight (24-48) hours prior to the scheduled starting time of the assignment and the estimated time for the assignment is for more than one (1) day, then the appointing authority shall pay the interpreter fifty percent (50%) of the anticipated total fee;

3.3.l. If the appointing authority cancels the assignment less than twenty-four (24) hours prior to the scheduled starting time of the assignment, and the estimated time for the assignment is for more than one (1) day, then the appointing authority shall pay the interpreter one hundred percent (100%) of the anticipated total fee;

3.3.m. If the client does not appear (no show), and the interpreting assignment is scheduled for two (2) hours or less, Section 3.3.a of this rule applies;

3.3.n. If the client does not appear (no show), and the interpreting assignment is scheduled for more than two (2) hours, Sections 3.3.g, 3.3.h, 3.3.i, 3.3.j, 3.3.k and 3.3.l of this rule apply;

3.3.o. For day-long conferences and long meetings, the appointing authority shall have more than one (1) interpreter available and shall alternate interpreters every twenty to thirty (20-30) minutes in order to promote effective interpretation and protection of interpreters from the development of physical problems such as carpal tunnel syndrome. The appointing authority shall pay each interpreter for the entire time required by the assignment;

3.3.p. Interpreters with an NAD of Level III, IV, or V certificate or an RID CSC or CI/CT certificate shall be used in legal and mental health settings due to the intense nature of the assignment, and shall be paid accordingly;

3.3.q. Interpreters with an RID RSC or CDI-P certificate shall be used in legal and mental health settings when the deaf consumer does not demonstrate fluency in American Sign Language or a signed system; and

3.3.r. An educational interpreter shall receive two (2) weeks of severance pay if the student for whom he or she interprets drops out, unless the interpreter is reassigned to another student.

W. Va. Code R. § 192-1-4 Administrative Due Process

Those persons adversely affected by the enforcement of this rule who desire a contested case hearing to determine any rights, duties, interests, or privileges, shall do so in a manner prescribed in W. Va. Division of Health Procedural Rules, Rules of Procedure for Contested Case Hearings and Declaratory Rulings, 64CSR1.

Table 192-1-A. Minimum Fees.

QUALIFIED INTERPRETER LEVEL

MINIMUM

HOURLY RATE*

CSC, CT & CI, RSC, CDI-P, SC:L, SC:PA, OIC:C, NAD Level V, NIC Master $50.00 CI or CT, NAD Level IV, NIC Advanced, WVRIT Level IV $45.00 IC, TC, IC/TC, OIC:S/V, OIC:V/S, NAD Level III, NIC, WVRIT Level III $40.00 NAD Level II, WVRIT Level II $25.00 NAD Level I, WVRIT Level I $20.00 NON-CERTIFIED/NON-SCREENED $15.00 Assignments on weekends or between 10:00 PM - 7:00 AM Hourly Rate plus $5.00 per hour *If an interpreter works an assignment for more than one (1) hour without a team interpreter, then an extra $10.00 shall be added per hour.

192CSR1

Series 02 Meetings And Bylaws

W. Va. Code R. § 192-2-1 General

1.1. Scope. -- This procedural rule sets forth the means by which notice of meetings of the commission is given to the public and the news media and also establishes bylaws for the commission. This rule should be read in conjunction with W. Va. Code ''5-14-1 et seq. (West Virginia Commission for the Deaf and Hard-of-Hearing), 6-9A-1 et seq. (Open Governmental Proceedings) and 29B-1-1 et seq. (Freedom of Information), all available in public libraries and on the internet at http://www.legis.state.wv.us/.

1.2. Authority. -- W. Va. Code '6-9A-3.

1.3. Filing Date. -- June 2, 2000.

1.4. Effective Date. -- August 1, 2000.

1.5. Application. -- This rule applies to the commission, its staff and individuals desiring to attend commission meetings or address the commission.

1.6. Enforcement. -- This rule is enforced by the chairperson of the commission with the assistance of the executive director of the commission.

W. Va. Code R. § 192-2-2 Definitions

2.1. This rule incorporates the definitions in W. Va. Code '6-9A-2 of the Open Governmental Proceedings Law.

2.2. Commission. - The West Virginia Commission for the Deaf and Hard-of-Hearing continued by W. Va. Code '5-14-3 within the Department of Health and Human Resources.

W. Va. Code R. § 192-2-3 Meetings; Notice; Public and Media Attendance; Interpreters

3.1. Regular and Special Meetings.

3.1.a. Notice.

3.1.a.1. The chairperson or executive director notifies the public and the news media of a regular or special meeting by filing a notice of the meeting with the Secretary of State for publication in the State Register. The notice states the date, time, place and agenda of the meeting and is filed in time to allow the notice to appear in the State Register at least five (5) days prior to the date of the meeting.

3.1.b. Purpose.

3.1.b.1. Regular and special meetings are general meetings for the consideration of any matter that may properly come before the commission and for which proper notice has been given.

3.1.c. Regular Meeting Schedule.

3.1.c.1. The commission establishes a regular meeting schedule and meets no less that four (4) times per year.

3.1.d. Special Meetings.

3.1.d.1. Special meetings of the commission may be called by the chairperson, the executive director, or by two (2) members of the commission upon written request to the executive director.

3.1.d.2. The chairperson or executive director sends members a written notice setting forth the date, time, place and agenda of a special meeting at least five (5) days in advance of the special meeting, except that the written notice to members is not required if the date, time, place, and agenda have been fixed in a meeting at which all members were present.

3.2. Emergency meetings.

3.2.a. In the event of an emergency requiring immediate official action, the chairperson or executive director may call an emergency meeting and file, with the Secretary of State at any time prior to the meeting, an emergency meeting notice stating the date, time, place and agenda of the meeting and the facts and circumstances of the emergency. The chairperson or the executive director notify members of the emergency meeting.

3.3. Public and Media Attendance.

3.3.a. The commission may without notice move the location of a meeting to accommodate members of the public and media who wish to attend the meeting and makes accommodations, in accordance with W. Va. Code '6-9A-9, for radio and television stations to broadcast, film or record a meeting.

3.4. Interpreters.

3.4.a. Meetings and activities held by the commission are attended by at least two qualified interpreters who are hired at the commission=s expense or provided free of charge by agencies, organizations or individuals willing to volunteer qualified interpreters.

W. Va. Code R. § 192-2-4 Cancellation of Meetings

4.1. Meetings may be canceled by the chairperson or the executive director, and the chairperson or the executive director notify members of the cancellation.

4.2. Immediately upon meeting cancellation, the chairperson or executive director file a public notice of the cancellation with the Secretary of State.

W. Va. Code R. § 192-2-5 Open and Electronic Meetings; Executive Sessions

5.1. Meetings of the commission are open to the public, but executive sessions may be held during meetings as provided in W. Va. Code '6-9A-4.

5.2. The commission may hold an executive session only upon a majority affirmative vote of the members present and after the chairperson has announced the specific authority in W. Va. Code '6-9A-4 for the executive session.

5.3. No decision is made in executive session.

5.4. The commission permits members of the public to address the commission for a reasonable time.

5.5. Meetings may be held by telephone conference or other electronic means if provision is made for interested members of the public to follow the proceedings as they occur and to address the commission.

W. Va. Code R. § 192-2-6 Minutes and Records

6.1. The commission provides for the preparation of written minutes of its meetings. Minutes of meetings except minutes of executive sessions, if any are taken, are available to the public within a reasonable time after the meeting and include at least the following information:

6.1.a. The date, time and place of the meeting;

6.1.b. The name of each member and whether he or she was present or absent;

6.1.c. The text and disposition of each motion, proposal, resolution, or measure proposed;

6.1.d. The name of the person who made the motion, proposal, resolution, or measure; and

6.1.e. The results of votes and, upon the request of a member, the vote of each member by name.

6.2. Records and proceedings of the commission are public records and are available to the public during the usual and customary business hours of the commission in accordance with W. Va. Code ''29B-1-3 and 29B-1-4 of the Freedom of Information Act.

W. Va. Code R. § 192-2-7 Deliberation and Voting

7.1. The commission deliberates and votes in accordance with W. Va. Code '6-9A-8 so as to enable the public to understand what is being deliberated or voted upon.

7.2. The public vote of a majority of the members present after a quorum is necessary for the commission to take action.

7.3. Ex officio members are voting members.

7.4. Proxy voting is prohibited.

W. Va. Code R. § 192-2-8 Election and Duties of Officers; Committees; Appointment of Executive Director and Other Personnel

8.1. The members annually elect a chairperson and may elect other officers and assign duties.

8.2. If a vice-chairman is elected, he or she assumes the duties of the chairperson in the absence of the chairperson.

8.3. The duties of the chairperson are to:

8.3.a. Preside at and conduct meetings according to Robert's Rules of Order when such rules are applicable and not inconsistent with this rule;

8.3.b. Appoint members to serve on committees as may be created by the commission; and

8.3.c. Perform such other functions as pertain to the office of chairperson.

8.4. The commission appoints an executive director and may employ other personnel consistent with the provisions of W. Va. Code '5-14-8.

W. Va. Code R. § 192-2-9 Resignation of Members

9.1. A member who does not serve ex officio and who desires to resign shall send a letter of resignation to the governor with a copy to the chairperson.

192CSR2

Series 03 Establishment Of Required Qualifications And Ethical Standards For Interpreters And Transliterators

W. Va. Code R. § 192-3-1 General

1.1. Scope. -- This rule is intended to ensure that the West Virginia commission for the deaf and hard of hearing shall establish, maintain and coordinate a statewide service to provide courts, legislative bodies, state and local government entities and others with a list of qualified and certified interpreters for the deaf and a list of qualified and certified teachers of American Sign Language. Furthermore, the commission shall establish required qualifications and ethical standards for interpreters, a mechanism for approval of interpreters, the monitoring and investigation of interpreters and the suspension and revocation of approvals. The commission may conduct interpreter evaluations and collect and expend funds. These goals are set out in W. Va. Code §5-14-5.

1.2. Authority. -- W. Va. Code §5-14-5.

1.3. Filing Date. -- April 12, 2012.

1.4. Effective Date. -- April 12, 2012.

1.5. Applicability. -- This rule applies to all persons or entities as defined in W. Va. Code §5-14-5 and to all other persons or entities engaging in the provision of interpreting for the deaf or hard of hearing in West Virginia including but not limited to individuals holding the following qualifications:

1.5.a. Certificate of Interpretation (CI) and/or Certificate of Transliteration (CT) certified by the Registry of Interpreters for the Deaf (RID);

1.5.b. Certified Deaf Interpreters (CDI) certified by Registry of Interpreters for the Deaf (RID);

1.5.c. NAD Certificate level III, IV, or V certified by the National Association of the Deaf (NAD);

1.5.d. National Interpreter Certification (NIC) levels NIC, NIC Advanced, or NIC Master, certified by the National Council on Interpreting (NCI);

1.5.e. Qualified community interpreters, uncertified; interpreting services can be provided only if the deaf or hard of hearing client(s) request or approve of the services;

1.5.f. Educational interpreters working in public schools in compliance with the standards set by West Virginia Department of Education (WVDE) Board Policy 5202.

1.6. Enforcement. -- This rule is enforced by the Secretary of the West Virginia Department of Health and Human Resources through the commission for the deaf and hard of hearing.

W. Va. Code R. § 192-3-2 Definitions

2.1. Certified Deaf Interpreter (CDI). -- A certification level assigned by RID to individuals who have demonstrated a minimum of one (1) year experience working as an interpreter, completion of at least eight (8) hours of training on the RID Code of Ethics, and eight (8) hours of training in general interpretation as it relates to the interpreter who is deaf or hard of hearing and has been certified by RID.

2.2. Certificate of Interpretation (CI). -- A certification level assigned by the RID to individuals who are fully certified and have demonstrated the ability to interpret between American Sign Language and spoken English in both sign-to-voice and voice-to-sign. The interpreters ability to transliterate is not considered in this certification. Individuals who have a CI are recommended for a broad range of interpreting assignments.

2.3. Certificate of Transliteration (CT). -- A certification level assigned by the RID to individuals who have demonstrated the ability to transliterate between English-based sign language and spoken English in both sign-to-voice and voice-to-sign. The ability to interpret is not considered in this certification. Individuals who have a CT can be used for a broad range or transliteration assignments.

2.4. Certified Interpreter. -- An interpreter who is certified by RID, NAD or NCI and who maintains that certification through the RID Certification Maintenance Program.

2.5. Certification Maintenance Program (CMP). -- The vehicle through which the continued skill development of certified interpreters is monitored. Certification maintenance is a way of ensuring that interpreters maintain their skill level and keep up with developments in the interpreting field, thereby assuring consumers that a certified interpreter provides quality interpreting services. Participation in the RID certification maintenance program is required of all certified interpreters.

2.6. Commission. -- West Virginia commission for the deaf and hard of hearing.

2.7. Deaf. -- The hearing of an individual is nonfunctional for the ordinary purposes of life.

2.8. Educational Interpreter Performance Assessment (EIPA). -- A diagnostic tool which is language free and can use either American Sign Language, English or other manual sign systems. The EIPA is designed specifically for interpreters working with children and young adults in a K-12 educational setting.

2.9. Hard of Hearing. -- Individuals who have some hearing and are sometimes able to use it for communication purposes.

2.10. Interpreter Service Directory. -- A directory of interpreters that is published by the commission for use by the public when hiring interpreters. Inclusion in the directory is voluntary.

2.11. Interpreting. -- The process of conveying English into grammatically-correct American Sign Language and the process of conveying American Sign Language into English.

2.12. National Association of the Deaf (NAD). -- This national organization certified interpreters until November 2002. The NCI was jointly formed by RID and NAD to certify interpreters.

2.13. NAD Level III Interpreter (Generalist). -- The NAD certification level for a generalist interpreter. This certification is maintained with RID. The test is no longer offered.

2.14. NAD Level IV Interpreter (Advanced). -- The NAD certification level for an advanced interpreter who excels in voice-to-sign interpretation and demonstrates little difficulty in sign-to-voice interpretation. This certification is maintained with RID. The test is no longer offered.

2.15. NAD Level V Interpreter (Master). -- The NAD certification level for a master interpreter who rarely demonstrates difficulty in any interpreting situation. This certification is maintained with RID. The test is no longer offered.

2.16. National Council on Interpreting (NCI). -- Formed by NAD and RID to develop the NIC test for certification of interpreters. Offers certification levels NIC, NIC Advanced and NIC Master.

2.17. National Interpreter Certification (NIC). -- National Council on Interpreting (NCI) test to replace the RID CI and CT and NAD Levels III, IV and V certifications.

2.18. Non-certified/Non-screened. -- Interpreters who are learning sign language and are not yet certified or licensed.

2.19. Oral Transliteration Certificate (OTC). -- A generalist certificate assigned by the RID to individuals with capability to demonstrate using silent oral techniques and natural gesture, the ability to transliterate a spoken message from a person who hears to a person who is deaf or hard of hearing. Also demonstrates the ability to understand and repeat the message and intent of the speech and mouth movements of the person who is deaf or hard of hearing.

2.20. Qualified Interpreters. -- An interpreter certified by NAD, RID, or NCI, or an interpreter whose qualifications are otherwise demonstrated and accepted by the executive director as proving a level of interpretive skills suitable to the situation and the individuals using the interpretive service.

2.21. Registry of Interpreters for the Deaf (RID). -- This national organization certifies interpreters and provides CMP services for certified interpreters.

2.22. Registry. -- Registry of certified and qualified interpreters working in West Virginia compiled and maintained by the Commission.

2.23. Specialist Certificate: Legal (SC:L). -- A certification level assigned by the RID to individuals who have demonstrated specialized knowledge of legal settings and greater familiarity with language used in the legal system. Generalist certification and documented training and experience are prerequisites for this certificate. Holders of the SC:L can be used for a broad range of assignments in a legal setting.

2.24. Transliterating. -- The process of translating spoken English into English-based sign language and conveying English-based sign language into spoken English.

W. Va. Code R. § 192-3-3 Registry of interpreters working in West Virginia

3.1. General Requirements. -- The secretary shall be responsible for maintaining a registry of all interpreters working in West Virginia.

3.2. Registry. -- The commission shall establish a registry of all certified and qualified interpreters working in West Virginia. All interpreters working in the public school systems, including personnel classified as an interpreter shall register.

3.3. Registry Requirements. -- All interpreters of the deaf working in West Virginia shall register with the Commission.

3.4. Exceptions. -- The following individuals are exempt from registration:

3.4.a. An individual engaged in interpreting at a worship service conducted by a religious entity and services for educational purposes for a religiously affiliated school;

3.4.b. An individual engaged in sign language interpreting during an emergency, when a delay in registering might lead to injury or loss to the individual requiring the services;

3.4.c. An individual engaged in interpreting as part of a supervised internship or practicum at an accredited college or university or RID, NAD or other organization providing supervised internships;

3.4.d. An individual who is certified by NAD, RID, or NCI from outside West Virginia who provides interpreting services in West Virginia for a period not to exceed ten calendar days per calendar year;

3.4.e. An individual who engages in interpreting strictly as a volunteer without paid compensation.

3.5. Application. -- An individual may apply to the commission to be a registered sign language interpreter. The applicant shall submit to the commission all of the following:

3.5.a. A completed application form;

3.5.b. A resume with three references;

3.5.c. Copies of all certifications held;

3.5.d. Copy of current RID membership card;

3.5.e. Copies of transcripts or certifications from an interpreter training program, if applicable.

3.6. Review. -- The commission shall review each completed application and shall issue a sign language interpreter registration to the applicant when the commission is satisfied that all of the following criteria have been met:

3.6.a. The information provided with the application is valid;

3.6.b. The applicant possesses the general fitness, competence, and reliability, as outlined in the NAD-RID Code of Professional Conduct, sufficient to satisfy the commission that the applicant is worthy of registration. Registration may be denied to any applicant who has falsified credentials to the commission, employers or clients; failed to document qualifications; had certification suspended or revoked by NAD, RID, NIC or any other certifying authority; or failed to follow the NAD-RID Code of Professional Conduct.

3.7. Registration. -- A sign language interpreter registration issued by the commission shall be:

3.7.a. Issued only in the name of the applicant;

3.7.b. Issued in electronic or paper form;

3.7.c. Nontransferable;

3.7.d. Issued for a period not to exceed three years.

3.8. Renewal. -- A registrant may renew a registration by submitting to the office in the information required in subsection 3.5.

3.9. Change of Personal Information. -- A registrant shall notify the commission of any change of name or mailing address within ten days of the change.

3.10. Violations. -- The commission shall have the authority to remove from the registry on any registrant for any or all of the following:

3.10.a. Obtaining registration or renewal of a registration through fraud, deceit or misrepresentation;

3.10.b. Conviction of a felony or crime in West Virginia or any other jurisdiction, relating to the provision of interpreting services;

3.10.c. Be the subject of disciplinary or other administrative action taken against this registrant by NAD, RID or NCI, including the suspension of certification;

3.10.d. Commit fraud, gross negligence or misconduct related to provision of interpreting services;

3.10.e. Violate nationally established codes of ethics as related to the provision of interpreting services. For interpreters, the appropriate standard is the NAD-RID Code of Professional Conduct. For interpreters in educational settings, the appropriate standard is the EIPA Guidelines for Professional Conduct.

3.11. Action. -- When it is determined a violation has occurred, the commission may:

3.11.a. Indefinitely suspend, suspend for a certain term, refuse to issue, refuse to renew or revoke a registration;

3.11.b. Issue a reprimand;

3.11.c. Request the registrant to take a refresher educational course or training.

3.12. Reapplication. -- An individual whose registration has been suspended may reapply to the commission to have it reactivated, pursuant to the regulations adopted by the commission.

3.13. Appeals. -- An individual aggrieved by a decision of the executive director of the commission may appeal the decision to the chair of the commission. The request for a hearing shall be made in writing to the chair of the commission. The chair will appoint a committee to hear the appeal and decide on the validity of the appeal. This committee shall meet within sixty days of the request for a hearing and shall render a decision within ninety days of the request.

3.14. Confidentiality. -- The register will be published as part of the mandate to maintain and coordinate a statewide service for the courts, state and local legislative bodies, and others with a list of qualified interpreters.

3.14.a. Any interpreter who wishes to have his or her name and contact information omitted from the public registry, may do so by requesting an unpublished listing in the register.

3.14.b. Unpublished listings will be available to commission staff only.

W. Va. Code R. § 192-3-4 Qualifications for Interpreters

4.1. Certified Interpreters. -- All certified interpreters in good standing with their certifying organization and RID shall be recognized as qualified by the commission.

4.2. State Certified Interpreters. -- Interpreters certified by another state will be recognized as qualified.

4.3. Educational Interpreters. -- All educational interpreters employed in public schools in West Virginia who are in compliance with standards set by the West Virginia Board of Education Policy 5202 shall be recognized as qualified.

4.4. Non-certified/ Non-screened Interpreters. -- Any interpreter who is not certified and is not an employee of a public educational facility shall be recognized as qualified for an assignment only if certified interpreters are unavailable and provided both the deaf or hard of hearing client and the service provider are satisfied with the interpreting service. Because different assignments may require different levels of qualification, a non-certified/non-screened interpreter who is considered qualified for one assignment may not be qualified for a different assignment.

4.5. Deaf Interpreters. -- Deaf or hard of hearing interpreters who have demonstrated a minimum of one year experience working as an interpreter and completed training required by RID shall be considered qualified interpreters.

W. Va. Code R. § 192-3-5 Evaluations of Interpreters

5.1. Evaluations. -- The commission shall collaborate with national organizations to provide evaluation opportunities to interpreters.

5.2. The commission is a local test administrator (LTA) for the EIPA program. EIPA evaluations shall be available to educational interpreters working for public schools in West Virginia, pursuant to regulations adopted by the commission.

5.3. National certification testing shall be offered by the commission in conjunction with RID and NCI, as determined by both organizations and the commission.

5.4. Application fees for evaluations shall be set by the national organizations providing certification or evaluation.

5.5. The commission may assess additional fees or travel reimbursement for test administration.

192CSR3