NECESSITY, FUNCTION, AND CONFORMITY: This administrative
regulation is necessary to implement KRS 163.510(4), which authorizes the
Kentucky Commission on the Deaf and Hard of Hearing to oversee the provision of
interpreting and captioning services and to provide such services if necessary.
This administrative regulation establishes a process for receiving and handling
complaints against interpreters, captioners, state agencies or the Interpreter
Referral Services Program.
Section 1.
(1) Grievances may be filed against the:
(a) Interpreter;
(b) Captioner;
(c) State agency;
(d) KCDHH Interpreter Referral Services
Program staff; or
(e) Interpreter
Referral Agency.
(2) All
grievances shall be submitted in writing or on video within ninety (90) days of
the event in question to the Executive Director of the Kentucky Commission on
the Deaf and Hard of Hearing, 632 Versailles Road, Frankfort, Kentucky 40601
and shall include:
(a) Name, address, and
phone number of person filing the grievance;
(b) Name and role, i.e., interpreter,
captioner, state agency, referral agency, of person(s) against whom the
grievance is being filed;
(c) Date,
time, and location of the alleged violation;
(d) Description of the alleged violation and,
if known, reference made to the appropriate authorizing body, as established in
201 KAR 39:120, the Code of Ethics, and the nature of the alleged violation;
and
(e) Signature of the
complainant.
(3)
Anonymous grievances will not be recognized.
(4) The KCDHH Executive Director will
investigate the alleged grievance within thirty (30) days of receiving the
grievance.
(5) Copies of the
grievance shall be made available to the:
(a)
Complainant;
(b) Respondent as the
person whom the grievance is against;
(c) Witnesses; and
(d) All other pertinent parties to the
grievance or the investigation.
(6) The KCDHH Executive Director shall submit
a written decision within sixty (60) days of receiving the grievance, which may
result in:
(a) Mediation among the involved
parties; and
(b) Dismissal of the
grievance; or
(c) The grievance
being referred to the Kentucky Board of Interpreters, if the grievance is of
serious nature.
(7) If
the decision of the KCDHH Executive Director is appealed, the KCDHH
Commissioner Executive Board shall review the decision and make a
ruling.
(8) If the decision of the
KCDHH Commissioner Executive Board is appealed, then the KCDHH shall comply
with all provisions of KRS Chapter 13B.
(9) The KCDHH Interpreter Referral Service
Program may discontinue utilizing the services of an interpreter, the State
agency, Interpreter Referral Agency, or captioner based upon the findings of a
grievance that by a preponderance of the evidence, with evidence sufficient to
conclude that it is more likely than not, conduct such as the following
occurred:
(a) Noncompliance with licensure
requirements; or
(b) Not meeting
ethical standards and professional business protocols.
(10) All records of grievances filed and the
proceedings shall be kept at the KCDHH offices in accordance with the Open
Records and Open Meetings Law.
