West Virginia Code of State Rules Agency 192 - Deaf And Hard Of Hearing

24 Jun 2025 --
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West Virginia Code of State Rules — Agency 192: Deaf and Hard of Hearing

Agency 192 is a set of rules created by the West Virginia Commission for the Deaf and Hard of Hearing. It provides regulations to ensure Deaf and Hard of Hearing individuals in West Virginia have access to interpreters and communication services, especially in education, courts, and public agencies.

1. Authority and Purpose

The Commission has statutory authority under W. Va. Code § 5‑14‑5 to:

Promote access to services for Deaf and Hard of Hearing people.

Maintain a statewide interpreter registry.

Ensure interpreters meet qualifications and ethical standards.

Investigate complaints and take disciplinary action against interpreters.

The rules are meant to:

Protect the rights of Deaf and Hard of Hearing individuals.

Ensure qualified and competent interpreters are available in schools, courts, and public agencies.

2. Key Definitions

Agency 192 defines several critical terms:

Certified Deaf Interpreter (CDI): A Deaf interpreter with advanced training and experience to interpret for other Deaf individuals.

Certificate of Interpretation (CI): Credential indicating competency in interpreting American Sign Language (ASL) to spoken English and vice versa.

Hard of Hearing: Someone with measurable hearing loss who may require amplification or other communication access.

Registry: A list maintained by the Commission of interpreters approved to work in the state.

These definitions ensure clarity about who is covered by the rules and which interpreters are eligible for assignments.

3. Interpreter Registry and Qualifications

A. Registry Requirements

All interpreters in West Virginia must register with the Commission to work in public settings.

The registry ensures:

Only qualified interpreters are assigned.

Ethical standards are enforced.

Employers, courts, and schools can identify reliable interpreters.

B. Qualifications

Interpreters must demonstrate:

Competency in ASL and English.

Knowledge of interpreting standards and ethics.

Professional experience (for CDIs or specialized settings).

C. Ethical Standards

Interpreters are expected to follow a professional code of conduct, including:

Accuracy in interpretation.

Confidentiality of sensitive information.

Avoiding conflicts of interest.

Failure to meet these standards may result in:

Suspension from the registry.

Revocation of approval to interpret.

Reprimand or other administrative action.

4. Administrative Procedures and Due Process

If an interpreter is denied registration or disciplined:

They have the right to a hearing before the Commission.

They may appeal decisions under West Virginia administrative law.

Administrative decisions are reviewed with:

Deference to factual findings by the Commission.

De novo review of legal interpretations.

This ensures fairness while maintaining professional standards.

5. Application in Courts, Schools, and Public Agencies

Courts: Use interpreters from the registry to ensure fair access for Deaf and Hard of Hearing individuals.

Schools: Teachers or instructional interpreters must be certified and may receive pay adjustments based on registry qualifications.

Public Agencies: Must provide interpreters or other communication services in compliance with Agency 192 rules.

6. Relevant Case Law Principles

While there is limited case law specifically citing Agency 192, several legal principles apply:

A. Employment in Schools

Courts have addressed disputes over interpreter qualifications and pay scales.

Example principle: If an interpreter meets state certification and registry standards, they are entitled to recognition in employment contexts.

B. Administrative Contested Cases

Courts generally uphold Commission decisions unless there is:

A clear abuse of discretion, or

A legal error in interpreting the statute or rules.

C. Federal Disability Law Context

Cases like Board of Education v. Rowley and Zobrest v. Catalina Foothills School District (federal) establish that schools must provide meaningful access for Deaf students.

Agency 192 ensures compliance at the state level, even though federal law sets minimum standards.

7. Summary Table of Agency 192

Rule Component	What It Means
Authority	Commission authorized by W. Va. Code §5‑14‑5 to regulate interpreters.
Registry	Maintains a list of approved interpreters; ensures quality and ethics.
Qualifications	Certification (CI, CDI), competency in ASL/English, professional experience.
Ethical Standards	Accuracy, confidentiality, impartiality. Violations may lead to discipline.
Due Process	Interpreters can contest denials or disciplinary actions through hearings.
Application	Courts, schools, and public agencies must use registered interpreters.