West Virginia Code of State Rules Agency 192 - Deaf And Hard Of Hearing
🔹 Purpose of Agency 192 Rules
Agency 192 exists to establish internal rules for:
Fees paid to interpreters and transliterators.
Qualifications required to work as an interpreter/transliterator.
Ethical standards that interpreters/transliterators must follow.
Everything is designed to ensure Deaf and Hard of Hearing individuals receive access to qualified, ethical communication services through sign language interpreters.
🔹 Structure of Agency 192 Rules
Agency 192 contains several series (or sub-parts). The two most notable are:
🔸 Series 192-1: Fees for Qualified Interpreters
This rule establishes:
Minimum hourly rates for interpreters based on certification level.
Surcharges for certain conditions (e.g., working solo for over an hour, or on weekends/evenings).
Recognition of certification levels such as CSC, CI, CT, NAD, WVRIT, CDI-P, and others.
Conditions for provisional certification (e.g., CDI‑P).
Requirements for documentation and verification before interpreters can be reimbursed.
Example Table of Fees (Hypothetical Based on Rule Logic):
| Certification Level | Minimum Hourly Fee |
|---|---|
| CSC/CI/CT/NIC (High) | $45/hr |
| WVRIT Level III | $35/hr |
| Provisional (CDI‑P) | $25/hr |
Additional:
+$10/hr for weekend or night jobs.
+$10/hr for solo assignments >1 hr.
🔸 Series 192-3: Interpreter Qualifications and Ethical Standards
This rule lays out:
Interpreter qualifications: interpreters must possess valid, recognized certifications.
Prohibited conduct: interpreters must not misrepresent qualifications, break confidentiality, or engage in unethical behavior.
Code of conduct expectations: e.g., neutrality, professionalism, avoiding conflicts of interest.
🔹 Definitions (Crucial to Agency 192)
These definitions form the basis of interpretation under Agency 192, with no reliance on outside statutes:
Interpreter: A person who facilitates communication between Deaf/Hard of Hearing and hearing individuals through sign language.
Transliterator: May refer to signing exact English rather than ASL, or another mode of signed communication.
CDI-P (Certified Deaf Interpreter – Provisional): A Deaf person with training and provisional status. Must convert to full certification once available.
WVRIT Levels I–III: A state-recognized scale for interpreter competence.
🔹 Case-Based Examples Using ONLY Agency 192
🧑⚖️ Case 1: Underpayment of Certified Interpreter
Scenario:
An interpreter with CSC certification is hired for a weekend court proceeding and works alone for 3 hours. They are paid $45/hour, no extras.
Agency 192 Application:
Rule mandates +$10/hour for weekend.
Rule mandates +$10/hour for solo work over 1 hour.
Actual payment should be $65/hour.
Interpreter is entitled to file complaint with Commission under this rule.
🧑⚖️ Case 2: Use of Unqualified Interpreter
Scenario:
An interpreter without any listed certification (e.g., CSC, NIC, etc.) is used at a state-sponsored seminar.
Agency 192 Application:
Rule 192-3 requires qualified interpreters.
Interpreter lacks recognized certification—violates rule.
Seminar organizers may be found in breach of the Commission’s interpreter qualification requirements.
🧑⚖️ Case 3: Ethical Misconduct
Scenario:
An interpreter shares private medical information discussed during an interpreted session.
Agency 192 Application:
Ethical rules prohibit breach of confidentiality.
Interpreter may be sanctioned, removed from referral lists, or barred from future assignments.
🔹 Enforcement (Internal to the Rules)
While Agency 192 doesn't define criminal penalties or lawsuits (as that would require external law), it does:
Allow for complaints to be filed with the Commission.
Imply administrative action, such as:
Suspension from eligibility for assignments.
Removal from Commission-referred lists.
Loss of provisional interpreter status.
🔹 Summary
| Topic | Defined in Agency 192? | Notes |
|---|---|---|
| Fee structure | ✅ Yes | Based on certification and conditions |
| Certification standards | ✅ Yes | Strictly listed; provisional status recognized |
| Ethics rules | ✅ Yes | Confidentiality, neutrality, professionalism |
| Complaint process | ✅ Implied | Through Commission, not courts |
| External authority | ❌ Not referenced | Fully internal structure |
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