Title 201 | Chapter 039 | Regulation 030REG
PROPOSED
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PREVIOUS VERSION
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BOARDS AND COMMISSIONS
Board of Interpreters for the Deaf and Hard of Hearing
(Amended After Comments)
201 KAR 39:030.Application; qualifications for full licensure; and certification levels.
Section 1.
Application. Each applicant for a full license shall:(1)
Submit a completed Application for Licensure form to the board;(2)
Pay the application and license fee as set forth in 201 KAR 39:040; and(3)
Submit proof of valid certification from one (1) of the following nationally recognized organizations:(a)
At a level recognized by RID, with the exception of NAD III;(b)
(c)
TECUnit;(c)(d)
BEI Advanced or better achieved within three (3) years of application;(d)
Another current certification from a nationally recognized organization at the requisite level for sign language interpreters, oral interpreters, or cued speech transliterators as determined by the board; or(e)
Other certifications as described in 201 KAR 39:080, if applying for licensure via reciprocity.Section 2.
Appeal of Denial of an Application for Licensure.(1)
If an Application for Full Licensure is denied, the applicant shall have the right to appeal that preliminary determination.(2)
An appeal shall be:(a)
Submitted to the board in writing by certified mail; and(b)
Received by the board within thirty (30) days after the date the applicant receives the notice of preliminary denial by certified mail or by email message delivered to the addresses stated on the Application for Licensure.(3)
The appeal of a preliminary denial of an Application for Licensure shall be held in accordance with the provisions of KRS Chapter 13B.Section 3.
Individuals who areSection 4.
Incorporation by Reference.(1)
"Application for Full Licensure", DPL-KBI-001, October(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Professional Licensing, 500 Mero Street,MARVA JOHNSON, Chair
APPROVED BY AGENCY: October 14, 2024
FILED WITH LRC: October 14, 2024 at 11:10 a.m.
CONTACT PERSON: Sara Boswell Janes, Staff Attorney III, Department of Professional Licensing, Office of Legal Services, 500 Mero Street, 2 NC WK#2, phone (502) 782-2709, fax (502) 564-4818, email Sara.Janes@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Sara Boswell Janes
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the procedures for the licensure of persons who wish to practice in the state as a Licensed Interpreter for the Deaf and Hard of Hearing.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to set the process and minimum certification testing score for licensure.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS Chapter 309 requires the board to verify the qualifications of and establish a procedure for the licensure of persons who wish to practice in the state as a Licensed Interpreter for the Deaf and Hard of Hearing. This administrative regulation establishes the minimum qualifications and requirements for licensure.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation informs the applicants of the examinations required, minimum test scores, and requirements for obtaining licensure from the board.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment will clarify this regulation relates only to applicants for full licensure; strikes the EIPA level 4.0 and passage of the EIPA written as qualification for full licensure; and provides for a revision to the form for full licensure and an update to the form.
(b) The necessity of the amendment to this administrative regulation:
The Policy Committee recommended amending the regulation to clarify its application to full licensure and the board deemed the amendment necessary to clarify confusion among applicants as to whether the regulation related to temporary licenses. Additionally, the EIPA is not a nationally recognized certification but only a testing instrument only intended for service in K-12 schools. The EIPA level 3.5 and passage of the EIPA written remains qualifying for temporary licensure. There is a grandfather clause for current licensees who qualified for full licensure with only the EIPA. Additionally, amendment has also been made to provide authority for the board to accept new certifications from nationally recognized organizations which is authorized by statute and will not delay approval of applications by restricting the board to only certifications now in existence, thus requiring a regulation change to give approval.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 309.304(1) requires the board to evaluate the qualifications for applicants for licensure and establish procedures for the issuance of licenses. The amendment conforms with the promulgating authority to establish administrative regulations for effective administration.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment will clarify that the current application for licensure form will be used for full licensure and a new form will be created for applicants for temporary licensure. This amendment will help alleviate current confusion related to the application process. The amendment will also ensure individuals who are not qualified to provide interpreting services generally will not have a full license. This will ensure students have quality language services for success.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
There are currently 533 full licensees and 45 temporary licensees. This regulation will also affect new applicants seeking temporary or full licensure from the board. There are currently twenty-one (21) known fully licensed interpreters with the EIPA of 4.0 or 3.5 who will not be affected. Additionally, any applicant for licensure with the EIPA of 4.0 or greater who applies and is issues a full licensure before the effective date of this administrative regulation will not be affected.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
This applicant for full licensure will be required to complete the application for consideration by the board.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The fee for application for full licensure as set forth in 201 KAR 36:040.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Applicants for licensure will understand the regulation relates only to application for full licensure.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No new costs will be incurred.
(b) On a continuing basis:
No new costs will be incurred.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The board’s operations are funded by fees paid by credential holders and applicants.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in fees or funding is necessary to implement this administrative regulation change.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This regulation only sets the procedure for obtaining a full license. This administrative regulation does not establish fees or directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
This regulation does not distinguish between similarly situated individuals on the basis of any factor.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 309.304, KRS 309.312.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Kentucky Board of Interpreters for the Deaf and Hard of Hearing is an administrative body created by KRS 309.302 and the promulgating agency.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
Unknown.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no difference in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
None anticipated.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no difference in expenditures, revenues or cost savings to local entities in subsequent years.
(4) Identify additional regulated entities not listed in questions (2) or (3):
There are no other regulated entities not otherwise listed.
(a) Estimate the following for the first year:
Expenditures:
N/A
Revenues:
N/A
Cost Savings:
N/A
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
N/A
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
There is no anticipated fiscal impact to this administrative regulation.
(b) Methodology and resources used to determine the fiscal impact:
Methodology and resources was a review of the existing budget by the board’s fiscal administrator as well as consideration of the amendment and whether staff time and costs will be increased.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
This administrative regulation will not have an overall negative or adverse major economic impact to the entities identified.
(b) The methodology and resources used to reach this conclusion:
Methodology and resources was a review of the existing budget by the board’s fiscal administrator as well as consideration of the amendment and whether staff time and costs will be increased.
BOARDS AND COMMISSIONS
Board of Interpreters for the Deaf and Hard of Hearing
(Amended After Comments)
201 KAR 39:030.Application; qualifications for full licensure; and certification levels.
Section 1.
Application. Each applicant for a full license shall:(1)
Submit a completed Application for Licensure form to the board;(2)
Pay the application and license fee as set forth in 201 KAR 39:040; and(3)
Submit proof of valid certification from one (1) of the following nationally recognized organizations:(a)
At a level recognized by RID, with the exception of NAD III;(b)
TECUnit;(c)
BEI Advanced or better achieved within three (3) years of application;(d)
Another current certification from a nationally recognized organization at the requisite level for sign language interpreters, oral interpreters, or cued speech transliterators as determined by the board; or(e)
Other certifications as described in 201 KAR 39:080, if applying for licensure via reciprocity.Section 2.
Appeal of Denial of an Application for Licensure.(1)
If an Application for Full Licensure is denied, the applicant shall have the right to appeal that preliminary determination.(2)
An appeal shall be:(a)
Submitted to the board in writing by certified mail; and(b)
Received by the board within thirty (30) days after the date the applicant receives the notice of preliminary denial by certified mail or by email message delivered to the addresses stated on the Application for Licensure.(3)
The appeal of a preliminary denial of an Application for Licensure shall be held in accordance with the provisions of KRS Chapter 13B.Section 3.
Individuals who are fully licensed with an EIPA level 4.0 or 3.5 and passage of the EIPA written on or before January 1, 2025, shall remain entitled to full licensure if they continue to renew the license annually in compliance with all other licensure requirements. Failure to annually renew a license shall result in an applicant for reinstatement being required to meet the requirement to achieve a nationally recognized certification as identified in Section 1 of this administrative regulation.Section 4.
Incorporation by Reference.(1)
"Application for Full Licensure", DPL-KBI-001, October 2024, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Professional Licensing, 500 Mero Street, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. and on the Board's website at www.kbi.ky.gov.MARVA JOHNSON, Chair
APPROVED BY AGENCY: October 14, 2024
FILED WITH LRC: October 14, 2024 at 11:10 a.m.
CONTACT PERSON: Sara Boswell Janes, Staff Attorney III, Department of Professional Licensing, Office of Legal Services, 500 Mero Street, 2 NC WK#2, phone (502) 782-2709, fax (502) 564-4818, email Sara.Janes@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Sara Boswell Janes
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes the procedures for the licensure of persons who wish to practice in the state as a Licensed Interpreter for the Deaf and Hard of Hearing.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to set the process and minimum certification testing score for licensure.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS Chapter 309 requires the board to verify the qualifications of and establish a procedure for the licensure of persons who wish to practice in the state as a Licensed Interpreter for the Deaf and Hard of Hearing. This administrative regulation establishes the minimum qualifications and requirements for licensure.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation informs the applicants of the examinations required, minimum test scores, and requirements for obtaining licensure from the board.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment will clarify this regulation relates only to applicants for full licensure; strikes the EIPA level 4.0 and passage of the EIPA written as qualification for full licensure; and provides for a revision to the form for full licensure and an update to the form.
(b) The necessity of the amendment to this administrative regulation:
The Policy Committee recommended amending the regulation to clarify its application to full licensure and the board deemed the amendment necessary to clarify confusion among applicants as to whether the regulation related to temporary licenses. Additionally, the EIPA is not a nationally recognized certification but only a testing instrument only intended for service in K-12 schools. The EIPA level 3.5 and passage of the EIPA written remains qualifying for temporary licensure. There is a grandfather clause for current licensees who qualified for full licensure with only the EIPA. Additionally, amendment has also been made to provide authority for the board to accept new certifications from nationally recognized organizations which is authorized by statute and will not delay approval of applications by restricting the board to only certifications now in existence, thus requiring a regulation change to give approval.
(c) How the amendment conforms to the content of the authorizing statutes:
KRS 309.304(1) requires the board to evaluate the qualifications for applicants for licensure and establish procedures for the issuance of licenses. The amendment conforms with the promulgating authority to establish administrative regulations for effective administration.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment will clarify that the current application for licensure form will be used for full licensure and a new form will be created for applicants for temporary licensure. This amendment will help alleviate current confusion related to the application process. The amendment will also ensure individuals who are not qualified to provide interpreting services generally will not have a full license. This will ensure students have quality language services for success.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
There are currently 533 full licensees and 45 temporary licensees. This regulation will also affect new applicants seeking temporary or full licensure from the board. There are currently twenty-one (21) known fully licensed interpreters with the EIPA of 4.0 or 3.5 who will not be affected. Additionally, any applicant for licensure with the EIPA of 4.0 or greater who applies and is issues a full licensure before the effective date of this administrative regulation will not be affected.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
This applicant for full licensure will be required to complete the application for consideration by the board.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The fee for application for full licensure as set forth in 201 KAR 36:040.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Applicants for licensure will understand the regulation relates only to application for full licensure.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
No new costs will be incurred.
(b) On a continuing basis:
No new costs will be incurred.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The board’s operations are funded by fees paid by credential holders and applicants.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No increase in fees or funding is necessary to implement this administrative regulation change.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This regulation only sets the procedure for obtaining a full license. This administrative regulation does not establish fees or directly or indirectly increase any fees.
(9) TIERING: Is tiering applied?
This regulation does not distinguish between similarly situated individuals on the basis of any factor.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 309.304, KRS 309.312.
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
Kentucky Board of Interpreters for the Deaf and Hard of Hearing is an administrative body created by KRS 309.302 and the promulgating agency.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
Unknown.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no difference in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
None anticipated.
(a) Estimate the following for the first year:
Expenditures:
None.
Revenues:
None.
Cost Savings:
None.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
There will be no difference in expenditures, revenues or cost savings to local entities in subsequent years.
(4) Identify additional regulated entities not listed in questions (2) or (3):
There are no other regulated entities not otherwise listed.
(a) Estimate the following for the first year:
Expenditures:
N/A
Revenues:
N/A
Cost Savings:
N/A
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
N/A
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
There is no anticipated fiscal impact to this administrative regulation.
(b) Methodology and resources used to determine the fiscal impact:
Methodology and resources was a review of the existing budget by the board’s fiscal administrator as well as consideration of the amendment and whether staff time and costs will be increased.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
This administrative regulation will not have an overall negative or adverse major economic impact to the entities identified.
(b) The methodology and resources used to reach this conclusion:
Methodology and resources was a review of the existing budget by the board’s fiscal administrator as well as consideration of the amendment and whether staff time and costs will be increased.