W. Va. Code R. § 192-1-3

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 192-1-3 - Fees Established
3.1. Each interpreting assignment and interpreter's experience is different, and fees may vary. The appointing authority and interpreters are encouraged to agree on terms prior to the interpreting assignment.
3.2. The minimum hourly rates for various classes of interpreters are set forth in Table 192-1-A of this rule.
3.3. The total fee shall be determined based on the following:
3.3.a. Interpreters shall be paid for a minimum of two (2) hours regardless of the actual time required for the assignment;
3.3.b. Time spent over two (2) hours shall be paid in quarter (3) hour increments, rounded to the nearest fifteen (15) minutes;
3.3.c. Travel time shall be included as part of the minimum two (2) hours, but shall be counted separately if the total time required for the assignment exceeds two (2) hours;
3.3.d. The fee for an interpreter shall include reimbursement for reasonable and necessary expenses incurred, such as mileage, lodging and meals according to the usual and customary standards of the appointing agency;
3.3.e. Interpreters shall provide the appointing authority with an advance estimate of travel time and other anticipated expenditures;
3.3.f. The appointing authority shall provide an estimate of the time required for the assignment and shall specify a methodology for determining the additional time required by the assignment;
3.3.g. If the appointing authority cancels the assignment at least twenty-four (24) hours prior to the scheduled time, and the estimated time for the assignment is no more than one (1) day, then the appointing authority is not required to pay a fee;
3.3.h. If the appointing authority cancels the assignment less than twenty-four (24) hours prior to the scheduled time, and the estimated time for the assignment is no more than one (1) day, then the appointing authority shall pay the interpreter fifty percent (50%) of the anticipated total fee;
3.3.i. If the appointing authority cancels the assignment on the day of the assignment and the estimated time for the assignment is no more than one (1) day, then the appointing authority shall pay the interpreter one hundred percent (100%) of the anticipated total fee;
3.3.j. If the appointing authority cancels the assignment at least forty-eight (48) hours prior to the scheduled starting time of the assignment and the estimated time for the assignment is for more than one (1) day, then the appointing authority is not required to pay the interpreter;
3.3.k. If the appointing authority cancels the assignment at least twenty-four to forty-eight (24-48) hours prior to the scheduled starting time of the assignment and the estimated time for the assignment is for more than one (1) day, then the appointing authority shall pay the interpreter fifty percent (50%) of the anticipated total fee;
3.3.l. If the appointing authority cancels the assignment less than twenty-four (24) hours prior to the scheduled starting time of the assignment, and the estimated time for the assignment is for more than one (1) day, then the appointing authority shall pay the interpreter one hundred percent (100%) of the anticipated total fee;
3.3.m. If the client does not appear ("no show"), and the interpreting assignment is scheduled for two (2) hours or less, Section 3.3.a of this rule applies;
3.3.n. If the client does not appear ("no show"), and the interpreting assignment is scheduled for more than two (2) hours, Sections 3.3.g, 3.3.h, 3.3.i, 3.3.j, 3.3.k and 3.3.l of this rule apply;
3.3.o. For day-long conferences and long meetings, the appointing authority shall have more than one (1) interpreter available and shall alternate interpreters every twenty to thirty (20-30) minutes in order to promote effective interpretation and protection of interpreters from the development of physical problems such as carpal tunnel syndrome. The appointing authority shall pay each interpreter for the entire time required by the assignment;
3.3.p. Interpreters with an NAD of Level III, IV, or V certificate or an RID CSC or CI/CT certificate shall be used in legal and mental health settings due to the intense nature of the assignment, and shall be paid accordingly;
3.3.q. Interpreters with an RID RSC or CDI-P certificate shall be used in legal and mental health settings when the deaf consumer does not demonstrate fluency in American Sign Language or a signed system; and
3.3.r. An educational interpreter shall receive two (2) weeks of severance pay if the student for whom he or she interprets drops out, unless the interpreter is reassigned to another student.

W. Va. Code R. § 192-1-3