DEPARTMENT OF HUMAN SERVICES RULE MANUAL 27, COMMISSION FOR THE DEAF, HARD OF HEARING, AND DEAFBLIND 12 CCR 2516-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ STATEMENT OF BASIS AND PURPOSE, FISCAL IMPACT, AND SPECIFIC STATUTORY AUTHORITY OF REVISIONS MADE TO STAFF MANUAL VOLUME 27 (12 CCR 2516-1) In creating a new manual for the Colorado Commission for the Deaf and Hard of Hearing (CCDHH), sections 27.100 through 27.191 were added as adopted following publication at the 6/6/2003 State Board meeting, with an effective date of 8/1/2003 (Rule-making# 03 3 26-1). Statement of Basis and Purpose, fiscal impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 27.120 and 27.140 were adopted following publication at the 5/7/2004 State Board meeting, with an effective date of 7/1/2004 (Rule-making# 04-3-1-1). Statement of Basis and Purpose, fiscal impact, and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Addition of Sections 27.200-27.300 were final adoption following publication at the 9/7/2007 State Board meeting (Rule-making# 07-6-21-1), with an effective date of 11/1/2007. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revision of Sections 27.100 through 27.191 were final adoption following publication at the 2/1/2008 State Board meeting (Rule-making# 07-10-1-1), with an effective date of 4/1/2008. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Boards and Commissions Division, State Board Administration. Revision of Sections 27.100 through 27.191 and Sections 27.200 through 27.300 were final adoption following publication at the 2/5/2010 State Board meeting (Rule-making#’s 09-9-17-1 and 09-10-22-2), with an effective date of 4/1/2010. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Division of Boards and Commissions, State Board Administration.

Addition of Sections 27.400 through 27.480 were final adoption following publication at the 3/5/2010 State Board meeting (Rule-making# 09-10-22-1), with an effective date of 5/1/2010. Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Division of Boards and Commissions, State Board Administration.

27.100 COMMUNICATIONS TECHNOLOGY PROGRAM (CTP)

27.110 INTRODUCTION

The Colorado Commission for the Deaf, Hard of Hearing, and DeafBlind administers and discharges funding as appropriated by the general assembly for the administration of a communications technology program (CTP), to distribute communications technology to qualified residents of Colorado.

27.120 DEFINITIONS

“Anniversary date” means the same date, but on subsequent years, that the applicant was approved for the Communications Technology Program.

“Applicant” means a person who applies to receive communications device(s) under the auspices of the Communications Technology Program.

“Application” means the official paperwork approved by the Colorado Commission for the Deaf, Hard of Hearing, and DeafBlind used for the Communications Technology Program. “Approved date” means the date that all supporting documentation for the application is received and verified for acceptance by the Communications Technology Program. “Certification” means professional verification of the applicant’s hearing acuity. “Certifying professional” means those individuals who have been officially recognized by the Communications Technology Program to verify the applicant’s hearing acuity, as indicated in Section 27.130.

“Commission” means the Colorado Commission for the Deaf, Hard of Hearing, and DeafBlind (CCDHHDB), created pursuant to Section 26-21-104, C.R.S. “Communications technology” means any communication device or application utilizing radio, television, cellular phone, computer and network hardware and software, satellite, cable, broadband systems, or similar medium and the services and applications associated with those mediums, including video and teleconference services pursuant to section 26-21-103(4), C.R.S. “Device” means any tool or application that provides communications access. “Fiscal constraint” means when seventy-five percent (75%) of the appropriated program funds have been disbursed or encumbered.

“Fraud” means the intentional deception and misreporting of information in order to obtain telecommunications equipment through this program.

“Natural disaster” means an event of nature such as tornadoes, earthquakes, blizzards, floods, forest fires, dust storms, avalanches, hailstorms, and lightning strikes. “Resident” means an individual who lives in the State of Colorado as his/her primary residence. “Tool” means any device or application that provides communications access. “Vendor” means a company or individual who has successfully bid with the State of Colorado for the purposes of the Communications Technology Program and has received such designation. “Wireless device” means a device that enables deaf, hard-of-hearing or deafblind individuals to access a wireless network.

27.130 ELIGIBILITY FOR THE COMMUNICATIONS TECHNOLOGY PROGRAM

To be eligible for communications devices under the Communications Technology Program, the applicant shall meet all of the following eligibility criteria:

A. The applicant must be a legal resident of the state of Colorado and provide a valid address on the application.

B. An applicant’s minimum age for a wireless device is thirteen (13) years old. The minimum age for all other devices is five (5) years old. The applicant must be able to benefit from and use the equipment for its intended communications technology purpose.

C. If the applicant is under eighteen (18) years of age; parents or guardians shall apply on behalf of child/minor and assume full responsibility for the device(s).

D. If the applicant is eighteen (18) years of age or older and has a guardian; the guardian shall apply on behalf of the applicant and assume full responsibility for the device(s).

E. The applicant must be deaf, hard of hearing or deafblind. This determination must be made at the applicant’s expense by one of the following:

1. 1. A licensed physician or medical professional;
2. 2. A licensed audiologist;
3. 3. A Licensed Speech-Language Pathologist;
4. 4. A Service professional from a public or private agency that serves deaf, hard of hearing or deafblind.

F. The applicant’s household income must be less than 400% of the Federal Poverty Guidelines

1. (FPG) based on family size as indicated by the United States Department of Health and Human Services (HHS). FPG refers to figures set by the HHS annually. These figures, based on gross yearly income levels for corresponding household size, are included in the below table. Effective January 17, 2022, yearly gross income levels, for one hundred percent (100%) and four hundred percent (400%) of the FPG for the corresponding household size are as follows: Family Size 100% Federal Poverty 400% Federal Poverty Guidelines Guidelines 1 $13,590 $54,360 2 $18,310 $73,240 3 $23,030 $92,120 4 $27,750 $111,000 5 $32,470 $129,880 6 $37,190 $148,760 7 $41,910 $167,640 8 $46,630 $186,520 Each Additional person $4,720 $18,880 The applicant must demonstrate proof of household annual gross income by providing a copy of his/her Federal Income Tax return (front page only), a Social Security Income award letter or other proof approved by the CTP Manager.

Applicants shall be placed on a waiting list during times of fiscal constraint.

27.140 APPLICATION PROCESS

The Communications Technology Program shall provide assistance in completing forms when requested by an applicant.

The applicant shall determine what accommodations are needed to ensure effective communications access based on demonstration and consultation. CTP may verify and certify the request and require further documentation and justification.

A. Information about how to obtain and submit an application, both paper and electronic, may be found through the Colorado Commission for the Deaf, Hard of Hearing, and DeafBlind office, its website, or designated public and private agencies.

B. The Communications Technology Program shall review all applications on a non-discriminatory basis to determine whether:

1. 1. All of the information is completed on the application.
2. 2. The applicant has provided a valid street address. If a P.O. Box is used, then a physical address of the location where the applicant resides must be provided.
3. 3. The application has the applicant’s original or electronic signature.
4. 4. The application includes all required documentation.

27.141 Approved Applications

Applicants who meet all of the eligibility requirements will be notified by email or mail of their application approval within 60 days of receipt.

Eligible applicants shall be awarded program participation on a first-come, first- served non-discriminatory basis, in accordance with the approved date.

27.142 Pending Approved Applications

During times of fiscal constraint, applications shall be accepted and held as pending until such time as funds become available. Such applications will be pending up to twelve (12) months. If after this time period funds are still not available, then a new application must be submitted. Applicants will be notified that they need to reapply.

27.143 Denied Applications

A. Denial If the applicant is ineligible to participate in the program, the applicant shall be given written justification for the determination within sixty (60) calendar days of the denial determination.

B. The following are reasons for denying an application:

1. 1. The applicant does not meet the eligibility requirements as established.
2. 2. The applicant has received communications technology from the Communications Technology Program within the preceding four (4) years.
3. 3. The applicant has negligently or willfully damaged the communications device(s) received from the Communications Technology Program or violated other provisions of the administrative regulations governing the Communications Technology Program.
4. 4. The applicant fails to provide a police report of a stolen device or refuses to cooperate with the police investigation or in the prosecution of the suspect, including the refusal to testify in court when asked or subpoenaed to do so.
5. 5. The applicant is found negligent in a police report of a stolen device, such as doors to the house or car left unlocked or unattended.
6. 6. The applicant has lost or sold the communications technology.

C. Reapplication Any applicant who has been denied participation may reapply if, due to a change in conditions, the eligibility criteria as delineated in this document are met.

27.144 Dispute Resolution Process

In order to resolve disputes between the Communications Technology Program and applicants/recipients, the Commission shall adopt procedures for the resolution of disputes consistent with this section. The procedures shall be designed to establish a simple non-adversarial format for the informal resolution of disputes.

27.150 DEVICE SELECTION

The approved applicant is responsible for selecting the appropriate communications device(s). If the communications device(s) that is currently provided by the Communications Technology Program does not meet the recipient’s needs:

A. The recipient may make a special request for an appropriate device that better meets his/her needs.

B. The recipient is responsible for the maintenance and repair of the device(s) selected through the Communications Technology Program. All communications technology will come with a warranty.

27.151 Replacing the Communications Technology Device

A recipient may apply to replace the original communications technology device if:

A. The device is damaged through natural disaster;

B. There is a change in the recipient’s hearing or vision acuity;

C. New communications technology has become available through the Communications Technology Program which the CTP Manager determines to be more appropriate to the recipient’s communications needs; or, D. The identified anniversary date has passed and the recipient has had the communications technology for more than four (4) years.

27.152 Pending Replacement Applications

During times of fiscal constraint, applications for replacement shall be accepted and held as pending until such time as funds become available.

27.153 Damaged Device Due to Natural Disasters

A. The recipient must send the device(s) directly to the vendor that sent the device.

B. The manufacturer or vendor will certify that the equipment cannot be repaired due to a natural disaster.

If a device is stolen, for the purposes of program recordkeeping, the recipient shall:

A. Notify local police within fifteen (15) calendar days of the theft.

B. Forward a copy of the police report to Communications Technology Program within five (5) working days of the date the theft was reported.

27.160 VENDOR REQUIREMENTS

All vendors shall follow State procurement requirements.

27.161 Vendor Registration

Vendors seeking to contract with the Colorado Commission for the Deaf, Hard of Hearing, and DeafBlind for any Communications Technology Program function must register for the Bid Information and Distribution System (BIDS) with the State Purchasing Office and be in accordance with the State Procurement Rules (1 CCR 101- 9) and these CTP rules. Vendors submit all information required by these rules to the Commission in order to be reimbursed. Vendors must register with the Secretary of State as a for-profit or not-for-profit business in the State of Colorado. The following minimum standards shall apply to vendor participation in the Communications Technology Program:

A. Vendors shall submit documentation to the Commission that the vendor has registered with the State Purchasing Office and the Secretary of State’s Office as required in Section 27.161.

B. The Commission must receive all required registration information before a vendor will be reimbursed. Reimbursements will be made by electronic funds transfer into the vendor’s registered bank account.

C. If the submitted registration information is incomplete, the Commission will notify the vendor of any deficiency, if it is able to make contact based on the information provided.

D. Vendors are responsible for updating registration information. The Commission is not responsible for any loss resulting from incorrectly supplied registration information.

E. Vendors must submit vendor registration information prior to any sales transactions in order to ensure payment.

F. In the event that a vendor is suspended or disbarred from doing business in the State of Colorado or with the Federal government, the Commission shall notify the vendor that it is no longer eligible to receive reimbursements under this program.

27.170 FRAUD

If a recipient obtained communications technology under false premises or through intentional misrepresentation of facts on the Communications Technology Program application form, then the Communications Technology Program shall demand return of the equipment immediately. Upon demand, the recipient shall return the specified Communications Technology Program device(s). A determination of fraud will result in permanent disqualification from the program.

27.180 CONFIDENTIALITY

All applicant and recipient information shall be kept confidential in compliance with the Colorado Human Services Code (Section 26-1-114, C.R.S.). This is to prevent exploitation of applicants and recipients, to eliminate embarrassment to them, and is in recognition of their rights as self-determining individuals who are not limited because of their need for communications technology.

27.181 Information Not Considered to be Confidential for Data Purposes [Rev. eff. 4/1/10] General program information not identified with any individual is not confidential and may be released for any purpose. This includes:

A. Total expenditures;

B. Number of applicants and/or recipients;

C. Statistical data obtained from studies;

D. Social data obtained from studies, reports, or surveys;

E. Expenditures by category of equipment;

F. Expenditures for administration;

G. Sum of all program expenditures.

27.190 ADMINISTRATION

27.191 Quarterly Report

The CTP Manager shall provide the CCDHHDB Director and Commissioners a quarterly report on the operation of the Communications Technology Program. The report shall be due the 30th following the last month of the quarter, provide:

A. The number of persons served;

B. The number of each type of device distributed;

C. The expenditures of the program activities;

D. Discussion of any major policy or operational issues;

E. Suggestion(s) for program changes that do not require legislative action; and, F. Suggestions or proposals for legislative changes in the program.

27.200 LEGAL AUXILIARY SERVICES PROGRAM [Rev. eff. 4/1/10]

These rules establish quality standards, coordination of services, and complaint procedures for the provision of auxiliary aids and services for interactions between a Deaf or Hard of Hearing individual and any state court or administrative proceeding or court ordered services.

27.210 DEFINITIONS [Rev. eff. 4/1/10]

“Appointing Authority” means the presiding officer or similar official of any court, board, commission, agency, or licensing or law enforcement authority of the state. “Assistive Listening Device” (ALD) means a form of auxiliary aid working either with a hearing aid or cochlear implant, or alone, to improve hearing acuity for all interactions. “Auxiliary Services” means qualified interpreters, Communication Access Realtime Translation Provider, assistive listening devices/systems, or other effective methods of making spoken or written information available to Deaf or Hard of Hearing individuals.

“Commission” means the Colorado Commission for the Deaf and Hard of Hearing (CCDHH). “Communication Access Realtime Translation” (CART) has the same meaning as Computer Aided Realtime Translation (CART) and is the word-for-word translation from spoken English to text. “Deaf or Hard of Hearing” means a person who has a functional hearing loss of sufficient severity to prevent aural comprehension, even with the assistance of hearing aids. “Effective Communication” means an individualized and culturally appropriate method of communication that results in equal access to information provided to all parties. “Good Cause” means a legitimate reason why a complaint process set forth herein should be modified due to circumstances beyond the control of the person or not reasonably foreseeable by the person as it relates to the complaint process. These circumstances include, but are not limited to, death or serious illness or incapacity of the person or representative, lack of proper notice of the availability of the complaint process, additional time is required to obtain documents which were timely requested but not delivered, or other circumstances beyond the control of the party. “Interpreter” means a professional who facilitates effective communication between all parties. Interpreters shall fall into the following categories:

A. “Sign Language Interpreter” means a professional who can hear and holds a valid Registry of Interpreters for the Deaf (RID) certificate and Legal Credential Authorization issued by the Commission.

B. “Certified Deaf Interpreter” (CDI) means a professional who is Deaf and holds both a valid RID certificate and Legal Credential Authorization issued by the Commission. CDI’s work with professionals who can hear, in providing an accurate interpretation between English and sign language, between variants of sign language or between American Sign Language and other foreign sign languages by acting as an intermediary between the Deaf or Hard of Hearing individual and the interpreter(s).

C. “Deaf Interpreter” (DI) means a professional who is Deaf and holds a valid Legal Credential Authorization issued by the Commission but does not hold an RID certificate. Deaf Interpreters work with the professional interpreter(s), who can hear, in providing an accurate interpretation between English and sign language, between variants of sign language or between American Sign Language and other foreign sign languages by acting as an intermediary between the individual who is Deaf or Hard of Hearing and then interpreter(s).

D. “Intermediary Interpreter” means an individual who has particular knowledge and/or experience relative to the unique communication needs of a Deaf or Hard of Hearing person. The intermediary will assist the Status I and/or Status II interpreter(s) in establishing effective communication on a case-by-case basis.

E. “Oral Interpreter” means a professional who can hear and holds both a valid RID certificate and Legal Credential Authorization issued by the Commission. Oral interpreters are provided for individuals who rely on speech reading rather than sign language. “Legal Credential Authorization” is issued by the Commission to qualified Auxiliary Service providers who have met all eligibility criteria and have submitted all required documentation. “National Association of the Deaf” (NAD) means the national advocacy organization that promotes, protects and preserves the rights and quality of life of Deaf and Hard of Hearing individuals in the United States of America.

“National Court Reporters Association” (NCRA) means the national certifying body for CART providers who work with Deaf and Hard of Hearing individuals.

“Registry of Interpreters for the Deaf” (RID) means the national certifying body for interpreters who work with Deaf and Hard of Hearing individuals.

“State Court System” means the system of courts, or any part thereof, established pursuant to Articles 1 to 9 of Title 13, C.R.S., and Article VI of the State Constitution. “State court system” shall not include the municipal courts or any part thereof.

“Supervised Experience” means supervision by a Commission approved legally qualified service provider that occurs in a variety of legal settings.

27.220 APPOINTMENT OF APPROPRIATE AUXILIARY SERVICE PROVIDERS [Rev. eff. 4/1/10] Subject to available appropriations, the Commission will coordinate and pay for all qualified Auxiliary Service providers when requested by the Appointing Authority.

A. The Commission staff shall determine the combination of services needed on a case-by-case basis in order to achieve effective communication between all parties involved in a legal proceeding as requested by the Appointing Authority.

B. The Commission shall arrange and pay for appropriate auxiliary aids and services when a person who is Deaf or Hard of Hearing is present as the principal party of interest or a witness in any of the following proceedings:

1. 1. Civil or criminal proceedings.
2. 2. Court provided alternative dispute resolution, mediation, arbitration or other court provided treatment and services related to the disposition of a case.
3. 3. An administrative, commission, or agency hearing.
4. 4. A hearing of a licensing authority of the state.
5. 5. A grand jury or jury proceeding.
6. 6. When a juvenile whose parent or parents or legal guardians(s) are Deaf or Hard of Hearing is brought before a court for any reason.
7. 7. When a person who is Deaf or Hard of Hearing is arrested and taken into custody for an alleged violation of a criminal law of the state.
8. 8. Probation pre-sentence interviews and supervision.
9. 9. Court-ordered mediation, treatment and services in any community-based and/or private program or service related to the disposition of a court matter or case. In such case, payment by the Commission will only take place when such agencies submit evidence of undue burden on them to provide the accommodation requested.
10. 10. Meeting at the courthouse between an attorney and a client, when the meeting is an extension of a court appearance (i.e., immediately before or after the appearance).

C. The Commission may coordinate and pay for qualified Auxiliary Service providers and aids for Deaf and Hard of Hearing individuals who are not a principal party of interest when practicable and given consideration of advance notice and availability of service providers.

27.230 QUALIFICATIONS OF AUXILIARY SERVICE PROVIDERS

The Commission shall determine the qualifications of Auxiliary Service providers who are eligible to receive a Legal Credential Authorization and shall maintain a referral resource list. The Commission shall renew each Auxiliary Service provider’s Legal Credential Authorization annually based upon the rule requirements.

A. Interpreters No interpreter shall receive a legal credential authorization or be placed on an interpreter referral resource list with the Commission unless (s)he has made application, and has been determined qualified under one of the statuses below.

1. Status I interpreters are preferred providers for all legal and court assignments; therefore, every effort shall be made to assign these interpreters before contacting interpreters in other status categories.
2. 1. Status I
   1. a. RID Specialist Certificate: Legal (SC:L)
      1. 1) Initial Legal Credential Authorization: Holders of a current SC:L not required to complete additional training and supervision to attain a Legal Credential Authorization.
      2. 2) Maintenance of Legal Credential Authorization: Each SC:L holder must attain twenty (20) hours Continuing Education (2.0 CEUs) specific to legal settings during each four (4) year period, and maintain current certification.
   2. b. RID Certified Deaf Interpreter (CDI)
      1. Holders of this certificate are recommended for a broad range of assignments where an interpreter who is Deaf or Hard of Hearing would be beneficial.
      2. 1) Initial Legal Credential Authorization: Holders of a CDI are required to have sixty-five (65) hours of training specific to legal interpreting, and twenty-five (25) hours of Supervised Experience to attain a Legal Credential Authorization.
      3. 2) Maintenance Legal Credential Authorization: Each CDI holder must attain twenty (20) hours Continuing Education (2.0 CEUs) specific to legal settings during each four (4) year period, and maintain current certification.
3. 2. Status II
   1. a. Interpreters with Other Certificates Individuals having a RID Certificate of Interpretation and Certificate of Transliteration (CI/CT), RID Comprehensive Skills Certificate (CSC), Master Comprehensive Skills Certificate (MCSC), NAD-RID National Interpreter Certificate Master (NIC Master), NAD V, RID Oral Transliterating Certificate (OTC), RID Oral Interpreter Certification: Comprehensive (OIC:C) are eligible to receive a Certificate of Competency if they comply with the following:
      1. 1) Initial Legal Credential Authorization: Status II interpreters are required to have sixty-five (65) hours of training specific to legal interpreting, and thirty-five (35) hours of Supervised Experience to attain a Legal Credential Authorization.
      2. 2) Maintenance of Legal Credential Authorization: Each Status II interpreter must attain forty (40) hours Continuing Education (4.0 CEU’s) specific to legal settings ) during each four (4) year period, half of which must be skills training, and maintain current certification.
   2. b. Deaf Interpreter (DI)
      1. Deaf Interpreters, who do not hold a CDI, may be used where an interpreter who is Deaf or Hard of Hearing would be beneficial and a CDI is not available.
      2. 1) Initial Legal Credential Authorization: Deaf interpreters are required to have a minimum of eight (8) hours of training related to the RID Code of Professional Conduct, a minimum of eight (8) hours of general interpreting theory, sixty-five (65) hours of training specific to legal interpreting, and thirty-five (35) hours of Supervised Experience to attain a Legal Credential Authorization.
      3. 2) Maintenance of Legal Credential Authorization: Each Deaf interpreter must attain forty (40) hours Continuing Education (4.0 CEUs) specific to legal settings during each four (4) year period.
4. 3. Status III: Intermediary Intermediary interpreters do not have formal training or certification, but have experience with the unique communication needs of the deaf or hard of hearing individual. They can only be appointed on a case-by-case basis and will work in conjunction with either a Status I or Status II interpreter who will be present.
5. 4. Status IV Interpreters for court-ordered treatment or therapy are interpreters who are qualified to use at least one of the titles listed in Section 6-1-707(1)(e), C.R.S., which sets forth the legal requirements to call oneself an “interpreter” .

B. CART Providers

1. 1. A Communication Access Realtime Translation (“CART”) provider is a trained professional who provides live, immediate captioning from spoken English to text for deaf, hard of hearing, and deafblind consumers in order to provide communication access. The text appears on a computer or other screen or display. The CART provider also provides environmental cues to the consumer, such as phones ringing, applause, laughter, etc. CART is also referred to as real-time captioning, and live captioning.
2. 2. To attain an initial Legal Credential Authorization, CART providers must:
   1. a. Hold a current Certified Realtime Captioner (CRC) designation, or meet each of the following criteria:
      1. 1) Have graduated from an accredited court reporting program.
      2. 2) Have a minimum rate of 98% accuracy at 225 words per minute for captioning work.
      3. 3) Have two years of general CART experience post-graduation and a minimum average of 20 hours of CART services per week for each of the most recent two years of CART work. Exceptions will be reviewed on a case-by-case basis.
   2. b. Successfully complete a minimum of six hands-on assignments in the Colorado State Courts, as supervised by a current CART Legal Credential Authorization holder and approved by Legal Auxiliary Services (LAS).
   3. c. Complete an orientation provided by LAS.
   4. d. Pass a Colorado Judicial Department background check.
   5. e. Complete and submit all required paperwork to become a LAS vendor, unless the CART provider will be working for an agency with a current agreement in place with LAS.
3. 3. CART Providers with a Legal Credential Authorization will be designated as:
   1. a. Status I if they hold a current Certified Realtime Captioner (CRC) designation.
      1. 1) Status I providers will be eligible to cover all LAS assignments where the consumer is a party to the case, including trials, and any hearings with testimony.
   2. b. Status II for all other CART providers.
      1. 1) Status II providers will be eligible to cover all other LAS assignments.
4. 4. To maintain a Legal Credential Authorization, CART providers must:
   1. a. Maintain currency:
      1. 1) Status I CART providers must maintain a current CRC designation.
      2. 2) Status II CART providers must have completed a sufficient number of CART assignments, as determined by LAS, within the Colorado State Courts within the last year.
   2. b. Pass a new Colorado Judicial Department background check when required.
   3. c. Renew and submit any required paperwork to become a LAS vendor, unless the CART provider will be working for an agency with a current agreement in place with LAS.
   4. d. Attend a refresher orientation program if so requested by LAS.
5. 5. The purpose of CART services is to facilitate communication accessibility in a live format.
6. 6. CART providers do not provide a record of the proceedings, and will not retain or distribute CART notes or print-outs. Court reporters are responsible for providing a verbatim record of the proceedings and persons wanting a transcript can order an official transcript through the courts.
7. 7. CART services may be provided onsite or remotely, on a case-by-case basis. Onsite CART services will be prioritized whenever possible, especially for trials, jury duty, and hearings with testimony.

27.240 RESPONSIBILITIES [Rev. eff. 4/1/10]

All Auxiliary Service providers shall abide by the following responsibilities:

A. All Auxiliary Service providers shall provide effective communication.

B. Prior to providing service in any case or proceeding, all auxiliary service providers shall prepare for the assignment by contacting the appointing authority and reviewing case files, and arriving at the assignment early to establish effective communication.

C. Each Auxiliary Service provider must correct errors either on the record, or by notifying each party as soon as practical.

D. An Auxiliary Service provider shall take an oath that he or she shall make a true and complete interpretation in an understandable manner to the best of his or her skills, but such oath shall only be required if the entity presiding over the proceeding has been given, by statute, the authority to administer such an oath.

E. Auxiliary Service providers shall make all necessary disclosures, on the record, about their perceived need for disqualification or acknowledging conflict of interest as being the sole holder of relevant information.

F. The Auxiliary Service provider shall be in full view and spatially situated to assure effective communication with each person who is Deaf or Hard of Hearing.

G. Auxiliary Service providers may provide effective communication between Deaf or Hard of Hearing individuals and their attorneys only when attorney-client privilege has been extended for the Auxiliary Service provider.

H. Each interpreter is duty bound to the Colorado Judicial Department Code of Professional Responsibility for Court Interpreters and the NAD-RID Code of Professional Conduct. Copies of these Codes may be reviewed by contacting the Legal Auxiliary Services Manager of the Commission during normal business hours, at the Colorado Department of Human Services, 1575 Sherman Street, Denver, Colorado 80203; or at any State Publications Library. No amendments or later editions are incorporated.

I. Each CART provider is duty bound to the Colorado Judicial Department Code of Professional Responsibility for Court Interpreters and the National Court Reporters Association (NCRA) Code of Ethics and Guidelines for Professional Practice. Copies of these Codes and Guidelines may be reviewed by contacting the Legal Auxiliary Services Manager of the Commission during normal business hours, at the Colorado Department of Human Services, 1575 Sherman Street, Denver, Colorado 80203; or at any State Publications Library. No amendments or later editions are incorporated.

J. The official court reporter should refrain from working in a dual capacity as a CART provider and the Official Reporter of Proceedings. When no other option exists, the role performed is that of the Official Reporter of Proceedings and, therefore, the individual who is Deaf or Hard of Hearing is not adequately served.

27.241 Responsibilities of Auxiliary Service Providers for Jurors [Rev. eff. 4/1/10] A. Auxiliary Service Providers shall provide effective communication during a trial for a juror who is Deaf or Hard of Hearing.

B. Auxiliary Service Providers shall make true and complete translations/interpretations of call court proceedings.

C. Auxiliary Service Providers shall be subject to all orders of the presiding judge or magistrate.

D. Subject to the express order of the court, all auxiliary aids and service providers shall be allowed during jury deliberations.

E. Auxiliary Service Providers shall not participate in any manner in the deliberation of the jury and shall not have any communications with any member of the jury regarding deliberation, except for true and complete conveyance of jurors' remarks made during deliberation.

27.250 COMPENSATION, PAYMENT, AND REIMBURSEMENT [Rev. eff. 4/1/10]

A. The amount of compensation shall be based on a fee schedule for Auxiliary Service providers established by the Commission, subject to appropriations.

B. Funds are available through the Commission for attorney-client communications outside of judicial settings only as set forth in Section 27.220, B, 10.

27.260 COMPLIANCE [Rev. eff. 4/1/10]

Auxiliary Service Providers must come into full compliance with these rules, by submitting all required documentation to the Commission, by January 1, 2012, to receive a Legal Credential Authorization. Any service provider without a valid Legal Credential Authorization will not be eligible to be listed on the referral resource list or receive compensation from the Commission.

27.270 COMPLAINT PROCESS [Rev. eff. 4/1/10]

All persons involved in a proceeding covered by these rules may file a complaint with the Commission within ninety (90) days of a proceeding regarding the ineffective and/or unethical service of an Auxiliary Service provider according to the NAD-RID Professional Code of Conduct or the NCRA Code of Ethics. This deadline may be extended for good cause as set forth in Section 27.210. Copies of these Codes may be reviewed by contacting the Legal Auxiliary Services Manager of the Commission during normal business hours at the Colorado Department of Human Services, 1575 Sherman Street, Denver, Colorado 80203; or at any State Publications Library. No amendments or later editions are incorporated.

A. Complaints may be made in writing, on videotape or in person at the Commission office. A complaint must include:

1. 1. The name of the person filing the complaint 2. The name of the Auxiliary Service Provider 3. Date and location of incident 4. A full description of what happened, including the perceived negative impact 5. Waiver of confidentiality as it relates to the incident involved.

B. A copy of the complaint will be reviewed by the Commission staff to determine if the complaint is within the purview of the Legal Auxiliary Services Program.

C. A copy of the complaint will be sent to the Auxiliary Service provider who will be given 14 days to respond in writing to the Commission.

D. All of the information regarding the incident will be reviewed by the Legal Auxiliary Services Advisory Council to determine if there is a basis in fact for the complaint.

E. If it is determined that there is no basis in fact, the Legal Auxiliary Services Advisory Council will send a full written explanation to both complainant and service provider.

F. If there is a basis in fact, the Legal Auxiliary Services Advisory Council will make a recommendation to a three-member Commission sub-committee in response to the complaint up to and including removal from the referral resource list.

G. The Commission sub-committee will make a decision taking into consideration the recommendation from the Legal Auxiliary Services Advisory Council.

H. The Commission sub-committee will send a full written explanation to both the complainant and service provider.

I. Either party may request a review of the Commission sub-committee decision by the full Commission within thirty (30) days, with the members of the sub-committee being recused.

I. The Commission will make a final decision, which will be communicated in writing to all parties involved. The decision of the Commission is final.

27.280 TRAINING AND TECHNICAL ASSISTANCE

The Commission will provide training and technical assistance for identified Judiciary and law enforcement personnel and auxiliary service providers regarding compliance with relevant regulations, policies and procedures.

27.290 AUXILIARY AIDS AND DEVICES

The Commission shall make available, to the appointing authority, assistive listening devices to be used for effective communication when requested by a Deaf or Hard of Hearing individual.

27.300 AUXILIARY SERVICE ADVISORY COUNCIL [Rev. eff. 4/1/10]

A. The Commission shall convene a nine-member advisory council. Membership shall consist of the following: two (2) Deaf members, two (2) Hard of Hearing members, three (3) Status I or Status II Legal Interpreter members (at least one shall be a CDI/DI, if possible), one (1) CART provider member, and one (1) person with Disability Law background.

B. This council shall meet at least two times per year to review these rules and corresponding procedures, and make recommendations as requested by the Commission.

C. Term limits of the Legal Auxiliary Service Council members shall be determined by the Commission.

27.400 GRANT PROGRAM

The Colorado Commission for the Deaf, Hard of Hearing, and DeafBlind provides funding, as appropriated by the General Assembly and after considering the recommendations made by the Grant Program Committee, for local government, state agencies, state-operated programs, or private nonprofit or not-for-profit organizations to address priorities of the deaf, hard- of-hearing, and deafblind community.

27.410 DEFINITIONS

“Auxiliary services” mean those services defined in Section 26-21-103(1), C.R.S. “Commission” means the Colorado Commission for the Deaf, Hard of Hearing, and DeafBlind (CCDHHDB), as referenced in Colorado Revised Statutes, Title 26, Article 21. “Commissioners” means members appointed by the Governor to serve on the Commission, pursuant to Section 26-21-104, C.R.S., “Committee” means the Grant Program Committee authorized pursuant to Section 26-21-107.7(1)(a.5)(I), C.R.S.

“Entity” means a local government, state agency, state-operated program, or private nonprofit or not-for- profit community-based organization.

27.420 GRANT PROGRAM COMMITTEE

The Commission shall convene a five-member committee consisting of members, including the director of the Commission as an ex-officio member, who have knowledge and awareness of innovative strategies that address challenges of the deaf, hard-of-hearing, and deafblind community.

A. The Commission shall provide information to the general public about the establishment of the committee and the process for interested persons to apply to become a committee member.

B. The Commission shall screen the candidates for the Grant Program Committee positions and make recommendations to the Commissioners for approval.

C. Membership of the committee shall be comprised of four appointed members, as described in Section 26-21-107.7(1)(a.5)(II), C.R.S., in addition to the Commission director serving as an ex- officio member of the committee.

1. 1. The members shall serve a three-year term, with the original members’ terms staggered pursuant to Section 26-21-107.7(1)(d), C.R.S.
2. 2. The individual staggered term limits shall be determined by the Commissioners.

D. This committee shall meet to review applications and make recommendations to the Commission for approval, with recommended grant amounts, or disapproval of applications and advise the Grant Program.

E. The Commission shall share the committee’s recommendations with the Commissioners for their review and feedback.

F. The committee shall make recommendations to the Commission to determine distribution of the amount(s) up to the total amount of money appropriated for this purpose when needed.

27.430 PURPOSE OF GRANT

The purposes of the grant awards shall be to address priorities of the deaf, hard-of –hearing, and deafblind community, including, but not limited to, the following projects:

A. Access to communication or environmental information where auxiliary services and aids are made available;

B. Community planning to improve coordination and access to services (e.g., involvement of the community stakeholders to conduct an environmental scan, gap analysis, priority setting and strategic planning of any program);

C. Start-up programs that the state lacks;

D. Support for existing services and programs;

E. Other projects that meet the overall purpose of the grant program as determined by the committee.

27.440 GRANT APPLICATION PROCESS

Applications shall be submitted on a form provided by the Commission and shall include:

A. Letter of interest submitted by the governing body of the entity;

B. The mission statement of the entity that reflects support of the purposes underlying the grant program;

C. Documentation of appropriate legal status or standing as a private nonprofit or not-for-profit agency or corporation as required by Federal or Colorado law if the entity is a non-governmental agency;

D. A list of a functioning board of directors or advisory committee, which provides oversight and governance if applicable or the organizational structure of the government agency;

E. Concisely written grant proposal that sets forth, at a minimum, the objective(s) to be achieved in accordance with the purpose of the grant, the community need that the grant proposal addresses, the timeline for achieving the objective(s) and the measurable outcomes to be met;

F. Letters of support from three (3) entities;

G. The proposed budget, tied to activities and outcomes and, if required by the application instructions, fifty percent (50%) of match and source(s) committed and its narrative;

H. A certified copy of latest fiscal audit/financial review if the applicant is an established program, and/or a plan to manage the grant if the entity is newly created; and, I. A copy of the entity’s Equal Employment Opportunity (EEO) statement.

27.450 TIMELINES AND SELECTION CRITERIA

A. The grant program application timeline shall be:

1. 1. May 1: Distribution of the grant application;
2. 2. June 30: Deadline for final applications;
3. 3. July 31: Review and approval or disapproval of the applications by the committee and submittal of the recommendations to the Commission; and, 4. September 1: After considering the recommendations of the committee, announcement of the grant recipient(s) by the Commission will be made through a public electronic newsletter or at a regular or special meeting

B. Grant Applications will be reviewed and selected according to the following:

1. 1. Completion of all application requirements;
2. 2. Assurances of matching funds readily available or committed when required by the application;
3. 3. Demonstration of fiscal and programmatic management capability as evidenced by operating experience, audit or financial review as appropriate, or a plan of grant management if the agency is newly created;
4. 4. Cost of the project compared to other projects, including indirect costs not to exceed 20 percent (20%) of the total budget;
5. 5. A demonstrated community priority, which the grant proposal addresses;
6. 6. Demonstration of community support as evidenced by direct community contributions, a volunteer component, and letters of support from other community agencies; and, 7. The availability of grant funds for the project.

27.460 DISPUTE RESOLUTION PROCESS

In order to resolve disputes between the Commissioners and committee, the Commission shall adopt procedures for the resolution of disputes consistent with this section. The procedures shall be designed to establish a simple and non-adversarial format for the resolution of disputes. If, after following the dispute resolution process defined by the Commission, the Commissioners disagree with a recommendation of the committee, the Department’s Executive Director shall have final decision-making authority to approve or disapprove the application and to set grant amounts.

27.470 CONTRACTUAL AUTHORITY

All successful grant recipients must be willing to enter into a contractually binding agreement as prescribed by the Department and the State of Colorado Fiscal Rules. Adherence to confidentiality laws and proof of insurance are required if the recipient intends to provide direct serves to clients through the grant proceeds.

27.480 REPORTING

Each grantee shall be responsible for the maintenance and reporting of any required specifications as outlined in the grant report guidelines, as found on the Commission’s website; https://ccdhh.com/index.php/grant-program/.

27.500 CERTIFICATION/CERTIFICATE FOR SIGN LANGUAGE INTERPRETATION AND CUED

1. LANGUAGE TRANSLITERATION In addition to section 6-1-707(1)(e)(I)(A), C.R.S. where it identifies the Registry of Interpreters for the Deaf certifications, the Colorado Commission for the Deaf, Hard of Hearing, and DeafBlind is authorized by section 6-1-707(1)(e)(I)(B), C.R.S. to review and validate certifications and certificate pertaining to the sign language interpretation and cued language transliteration to consumers who are deaf, hard of hearing, deafblind, and hearing.

27.510 DEFINITIONS

“Board for Evaluation of Interpreters” or “BEI” means the program operated by The Office of Deaf and Hard of Hearing under Texas Department of Health and Human Services which tests and certified individuals in sign language interpretation.

“Certification” or “Certificate” means an official document attesting to a status or level of achievement that is generally recognized and accepted by a profession and governed by an independent party. “Certified Deaf Interpreter” (CDI) means an individual who is deaf or hard of hearing and who has been certified to provide an accurate interpretation between English and variants of sign language and other foreign sign languages by acting as an intermediary between the deaf, hard of hearing, or deafblind individual and the interpreter who can hear.

“Commission” means the Colorado Commission for the Deaf, Hard of Hearing, and DeafBlind. “Intermediary” means effective communication between the sign language interpreter with the natural language of spoken English and the deaf, hard of hearing, or deafblind (DHDBB) consumer with the natural language of American Sign Language (ASL) is being facilitated by a deaf or hard of hearing person with a natural language of ASL when there is a disconnect between the natural language of the “hearing” interpreter and the natural language of the DHHDB consumer. “Sign language interpretation” means the process of translating between a spoken Language and a signed language.

Testing, Evaluation, and Certification Unit” or “TECUnit” means the national certifying body for cued language transliterators and testing organization for cued language. “Transliteration” means the process of moving messages between different forms of the same language, as occurs between spoken English and cued English.

“Trilingual” means a person who communicates in three languages fluently, e.g. Spanish, English, and American Sign Language.

27.520 CERTIFICATIONS AND CERTIFICATE

The Commission identified the following BEI certifications:

A. Basic, B. Advanced, C. Master, D. Court Interpreter, E. Trilingual Advanced, F. Trilingual Master, G. Medical Interpreter, H. Level III Intermediary, I. Level IV Intermediary, J. Level V Intermediary, or K. a successor certification, such as BEI CDI, and TECUnit certificate:

A. Transliteration Skills Certificate (TSC)

as valid and reliable.

_________________________________________________________________________ Editor’s Notes History Add rules 27.200-27.300 eff. 11/01/2007.

Rules 27.100-27.191 eff. 04/01/2008.

Entire rule eff. 04/01/2010.

Rules 27.400-27.480 eff. 05/01/2010.

Rules 27.400-27.480 eff. 06/30/2019.

Rules 100-190 eff. 07/30/2019.

Rule 27.130 F emer. rule eff. 02/07/2020.

Rules 27.100, 27.400 eff. 03/01/2020.

Rule 27.130 F eff. 04/30/2020.

Rule 27.230 emer. rule eff. 11/06/2020.

Rule 27.130 F emer. rule eff. 02/05/2021.

Rule 27.230 eff. 03/02/2021.

Rule 27.410 eff. 04/01/2021.

Rule 27.130 F eff. 04/30/2021.

Rules 27.500, 27.510, 27.520 eff. 09/30/2021.

Rule 27.130 F emer. rule eff. 02/04/2022.