Title 201 | Chapter 039 | Regulation 130
SUPERSEDED
This document is no longer current.
BOARDS AND COMMISSIONS
Board of Interpreters for the Deaf and Hard of Hearing
(New Administrative Regulation)
201 KAR 39:130.Registration for nonresident interpreters.
Section 1.
Registration.(1)
A nonresident interpreter providing interpreting services in the state shall:(a)
Register with the Board of Interpreters for the Deaf and Hard of Hearing before providing nonresident interpreting services using the form provided in Section 2(1) of this administrative regulation; and(b)
Report each date of nonresident interpreting service being provided in the state to the Board of Interpreters for the Deaf and Hard of Hearing using the form provided in Section 2(2) of this administrative regulation.(2)
For purposes of the duty to register and report, each partial day of interpreting by a nonresident interpreter shall be counted as a full day.(3)
Nonresident interpreting services shall be less than twenty (20) days per calendar year.(4)
A registration number shall be provided by the board and the nonresident interpreter shall include the registration number on any report of services for purposes of record keeping.Section 2.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
Form "Registration of Nonresident Interpreter", DPL-KBI-010, April 2024; and(b)
Form "Report of Service by Nonresident Interpreter", DPL-KBI-011, April 2024.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Board of Interpreters for the Deaf and Hard of Hearing, 500 Mero St., Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. and on the board's Web site at www.kbi.ky.gov.MARVA JOHNSON, Chair
APPROVED BY AGENCY: June 12, 2024
FILED WITH LRC: June 12, 2024 at 4:20 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 27, 2024, at 11:00 a.m., at the Mayo-Underwood Building, Room 127CW, 500 Mero Street, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person by using the PPC public comment portal at the address listed below.
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, link to PPC public comment portal: https://ppc.ky.gov/reg_comment.aspx.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Sara Boswell Janes
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation establishes a registry for nonresident interpreters who are authorized to provide interpreting services in Kentucky for less than twenty (2) days without having a Kentucky licensure.
(b) The necessity of this administrative regulation:
This regulation is necessary to ensure nonresident interpreters provide less than twenty (20) days of interpreting services in Kentucky per year in compliance with KRS 309.30. Without a registry, there is no ability to track compliance with this exemption and therefore protect the public from an interpreter providing ongoing and continuous services without the Kentucky license which ensure quality and standards for the interpreting service.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The regulation is in conformity with KRS 309.304(3), the authorizing statute which gives the board the ability to promulgate regulations generally.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation will assist in the effective administration of the statutes by providing a registry for services rendered by an unlicensed nonresident interpreter, to ensure they do not exceed the limited number of services authorized.
(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:
This is a new regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
There are 533 full and 45 temporarily licensed interpreters, and an unknown number of nonresident interpreters in Kentucky who may be providing services for less than twenty (20) days per year in Kentucky.
(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:
Nonresident interpreters without a Kentucky license and will be required to register with the Kentucky board as someone providing services in Kentucky without a license under the KRS 309.304(3) exemption; and, the nonresident interpreter will be required to register each day of interpreting services being provided so the Board is able to track services to ensure the exemption is not exceeded.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
This regulation does not impose any cost for registrants. However, if a registrant exceeds the exempted service limits, the registrant may apply for licensure and pay the required fees for application.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Kentucky will have a way to track the number of days a nonresident interpreter provides unlicensed services in Kentucky. This will benefit licensees identified in question (3) to ensure that others are not given an unfair advantage to provide unlicensed services in excess of the statutory restriction, and further benefit nonresident interpreters by providing a resource and accountability for the number of days services is being rendered to ensure the statutory restrictions are not exceeded.
(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 fees will be required to implement this administrative regulation amendment.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This regulation does not establish any fee directly or indirectly.
(9) TIERING: Is tiering applied?
Tiering is not applied to this regulation.
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
(New Administrative Regulation)
201 KAR 39:130.Registration for nonresident interpreters.
Section 1.
Registration.(1)
A nonresident interpreter providing interpreting services in the state shall:(a)
Register with the Board of Interpreters for the Deaf and Hard of Hearing before providing nonresident interpreting services using the form provided in Section 2(1) of this administrative regulation; and(b)
Report each date of nonresident interpreting service being provided in the state to the Board of Interpreters for the Deaf and Hard of Hearing using the form provided in Section 2(2) of this administrative regulation.(2)
For purposes of the duty to register and report, each partial day of interpreting by a nonresident interpreter shall be counted as a full day.(3)
Nonresident interpreting services shall be less than twenty (20) days per calendar year.(4)
A registration number shall be provided by the board and the nonresident interpreter shall include the registration number on any report of services for purposes of record keeping.Section 2.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
Form "Registration of Nonresident Interpreter", DPL-KBI-010, April 2024; and(b)
Form "Report of Service by Nonresident Interpreter", DPL-KBI-011, April 2024.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Board of Interpreters for the Deaf and Hard of Hearing, 500 Mero St., Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. and on the board's Web site at www.kbi.ky.gov.MARVA JOHNSON, Chair
APPROVED BY AGENCY: June 12, 2024
FILED WITH LRC: June 12, 2024 at 4:20 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 27, 2024, at 11:00 a.m., at the Mayo-Underwood Building, Room 127CW, 500 Mero Street, Frankfort, Kentucky. Individuals interested in being heard at this hearing shall notify this agency in writing by five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2024. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person by using the PPC public comment portal at the address listed below.
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, link to PPC public comment portal: https://ppc.ky.gov/reg_comment.aspx.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Sara Boswell Janes
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation establishes a registry for nonresident interpreters who are authorized to provide interpreting services in Kentucky for less than twenty (2) days without having a Kentucky licensure.
(b) The necessity of this administrative regulation:
This regulation is necessary to ensure nonresident interpreters provide less than twenty (20) days of interpreting services in Kentucky per year in compliance with KRS 309.30. Without a registry, there is no ability to track compliance with this exemption and therefore protect the public from an interpreter providing ongoing and continuous services without the Kentucky license which ensure quality and standards for the interpreting service.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The regulation is in conformity with KRS 309.304(3), the authorizing statute which gives the board the ability to promulgate regulations generally.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation will assist in the effective administration of the statutes by providing a registry for services rendered by an unlicensed nonresident interpreter, to ensure they do not exceed the limited number of services authorized.
(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:
This is a new regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
There are 533 full and 45 temporarily licensed interpreters, and an unknown number of nonresident interpreters in Kentucky who may be providing services for less than twenty (20) days per year in Kentucky.
(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:
Nonresident interpreters without a Kentucky license and will be required to register with the Kentucky board as someone providing services in Kentucky without a license under the KRS 309.304(3) exemption; and, the nonresident interpreter will be required to register each day of interpreting services being provided so the Board is able to track services to ensure the exemption is not exceeded.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
This regulation does not impose any cost for registrants. However, if a registrant exceeds the exempted service limits, the registrant may apply for licensure and pay the required fees for application.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Kentucky will have a way to track the number of days a nonresident interpreter provides unlicensed services in Kentucky. This will benefit licensees identified in question (3) to ensure that others are not given an unfair advantage to provide unlicensed services in excess of the statutory restriction, and further benefit nonresident interpreters by providing a resource and accountability for the number of days services is being rendered to ensure the statutory restrictions are not exceeded.
(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 fees will be required to implement this administrative regulation amendment.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This regulation does not establish any fee directly or indirectly.
(9) TIERING: Is tiering applied?
Tiering is not applied to this regulation.
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.