W. Va. Code R. § 192-3-3

Current through Register Vol. XLI, No. 16, April 19, 2024

Section 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. § 192-3-3