West Virginia Code of State Rules Agency 191 - Family Protection Services Board
📘 Governing Rule: Agency 192 — West Virginia Commission for the Deaf and Hard of Hearing
Agency 192 rules regulate the registration, conduct, qualifications, and compensation of interpreters for the Deaf and Hard of Hearing in West Virginia. The rules are administrative in nature and self-contained.
🔹 1. Purpose of the Commission (Implied by Rule Structure)
While not always stated outright, the underlying purpose of these rules is to:
Ensure that qualified, ethical interpreters serve the Deaf and Hard of Hearing population,
Provide consistent interpreter standards, and
Protect the interests of interpreters, clients, and service providers alike.
🔹 2. Interpreter Registration (Agency 192, Series 3)
➤ Registration Requirement
All interpreters must be registered with the Commission before providing services, particularly in:
Legal settings,
Educational institutions,
Government services,
Healthcare,
Any public setting where interpreting is necessary.
➤ Exemptions
Some individuals do not need to register if they:
Work in religious services or faith-based educational programs,
Are interpreting during emergencies,
Are students in training, under supervision,
Are from out of state, registered elsewhere, and working less than 10 days/year in WV,
Are unpaid volunteers.
These exemptions are narrowly defined.
➤ Application Process
To register, an applicant must:
Fill out an official application form,
Provide a résumé with three professional references,
Submit copies of interpreter certifications,
Provide RID membership proof (if applicable),
Submit transcripts if training is part of their credentialing.
The Commission reviews for:
Completeness,
Veracity,
Fitness and professional conduct, based on nationally accepted interpreter ethics.
➤ Registry Rules
Registration is issued in the name of the individual and is non-transferable.
Valid for up to three years.
May be issued in paper or digital format.
Individuals must report name/address changes within 10 days.
➤ Suspension, Removal, or Denial
The Commission may remove or deny registration if:
The application contains false information,
The interpreter has a criminal conviction related to interpreting,
There is evidence of professional misconduct or ethical violation,
They are deemed unfit for other justifiable reasons.
Disciplinary actions include:
Suspension
Refusal to renew
Revocation
Reprimands
Training requirements
➤ Appeals Process
If someone is denied registration or sanctioned, they may:
File an appeal with the Commission Chair.
A review committee is formed to examine the case.
The committee meets within 60 days, and a final decision is given within 90 days.
This ensures a basic due process framework within the rule.
🔹 3. Interpreter Compensation (Agency 192, Series 1)
➤ Billing Rules
Minimum 2-hour charge per assignment — even if work is less than 2 hours.
After the first 2 hours, time is billed in 15-minute increments.
Travel time is counted within the first 2 hours.
Reimbursement includes:
Mileage
Lodging
Meals
Parking
Interpreters must submit estimates in advance to the requestor.
➤ Cancellation Policies
For 1-day assignments:
24+ hours notice: no payment.
<24 hours: 50% payment.
Same day: full payment.
For multi-day assignments:
48+ hours notice: no payment.
24–48 hours: 50%.
<24 hours: 100%.
➤ Team Interpreting
For longer assignments, especially in high-concentration settings, interpreters should work in teams.
Team members should rotate every 20–30 minutes.
Each team member is paid in full, regardless of minutes worked.
➤ Specialized Settings
Certain assignments (e.g., legal or mental health) require highly certified interpreters.
Educational interpreters must receive 2 weeks’ severance pay if their student drops out, unless reassigned.
➤ Minimum Hourly Rates
Rates depend on certification level:
| Certification Tier | Examples | Rate (min/hr) |
|---|---|---|
| Top Tier | CSC, CI & CT, SC:L, NAD V | $50 |
| Mid Tier | CI, CT, NAD IV, NIC Advanced | $45 |
| Standard | IC, TC, NAD III, NIC, WVRIT III | $40 |
| Lower Tier | NAD II, WVRIT II | $25 |
| Entry | NAD I, WVRIT I | $20 |
| Uncertified | None | $15 |
Additional fees:
Night work (10 PM – 7 AM): +$5/hr
Solo interpreting over 1 hour: +$10/hr
➤ Dispute Resolution
If a person is adversely affected by how rules are applied (e.g., compensation, discipline), they may request a hearing as provided within the rule itself (i.e., without relying on external administrative procedure acts).
🔹 4. Confidentiality and Publication of Registry
Interpreter names may be:
Published (for access by courts, schools, agencies), or
Unpublished (private, only accessible by Commission staff), based on interpreter choice.
✅ Summary: Self-Contained Regulatory Framework
| Area | Rules Summary |
|---|---|
| Registration | Mandatory unless specifically exempt. Requires detailed documentation. |
| Exemptions | Strictly limited to religion, emergencies, students, visitors, volunteers. |
| Discipline | Fraud, misconduct, or fitness issues may lead to sanctions. Appeals allowed. |
| Pay | Tiered system based on certification. Minimums and extra pay defined. |
| Cancellations | Payment owed depends on how early cancellation occurs. |
| Appeals | Built-in procedure to challenge Commission decisions. |
| Privacy | Interpreter info may be private or public, depending on their preference. |
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