(1) The purpose of this chapter is to provide regulations about social services, ((telecommunications))telecommunication access services, and reasonable accommodations sign language interpreting services for quasi-judicial and judicial proceedings for people with hearing loss and or speech impairments.

(2) These services are provided:

(a) Under contract with qualified service providers; or

(b) Directly through the office of the deaf and hard of hearing (ODHH) at the department of social and health services (DSHS).

(3) The purpose of this chapter related to sign language interpreting services in judicial and quasi-judicial settings legal proceedings is to:

(a) Establish the minimum qualifications for sign language interpreters to interpret in judicial and quasi-judicial settings pursuant to RCW 2.42.130; and

(b) Establish standards for payment of sign language interpreting services, pursuant to RCW 2.24.170.

(1) The office of the deaf and hard of hearing (ODHH) within DSHS provides the following services:

(a) Provides information about hearing loss;

(b) Offers technical assistance and workshops about deafness;

(c) Identifies ways for DSHS staff to get sign language interpreter services for their clients who have hearing loss; and

(d) Administers and monitors contracts with sign language interpreters and sign language interpreter referral agencies.

(2) ODHH administers and monitors contracts with qualified service providers. These service providers offer community-based social services for clients who have hearing loss.

(3) ODHH manages the ((telecommunications access service))telecommunication equipment distribution (TED) program.

(4) ODHH contracts to provide ((telecommunications))telecommunication relay services (TRS).

(5) ODHH provides a list of sign language interpreters and fee for service standards for fee considerations for Washington courts.

((Telecommunications access))The telecommunication equipment distribution (TED)((service (TAS), a)) program within ODHH:

(1) Provides eligible clients with initial or replacement equipment, based on the availability of equipment ((and/or)), funds, or both;

(2) Maintains and oversees the statewide program for distributing ((telecommunications))telecommunication equipment;

(3) Maintains and oversees the contract for TRS; and

(4) May contract with qualified service providers for other ((telecommunications))telecommunication options as technology advances.

"AOC" means the administrative office of the courts, established in chapter 2.56 RCW.

"Amplified telephone" means ((an electrical))a device that increases the volume or tone of sounds being received during a telephone call.

"Applicant" means a client who applies for specialized ((telecommunications))telecommunication equipment.

"Audiologist" means a person who has a certificate of clinical competence in audiology from the American ((Speech, Hearing, and Language Association))speech, hearing, and language association and is licensed to practice in the state of Washington.

"Certified court intermediary interpreter" means an interpreter who is deaf, who meets the qualifications required in this chapter, and is included on the list administered by the office of the deaf and hard of hearing. The intermediary interpreter is deaf or hard of hearing and possesses native or near native fluency is American ((Sign Language))sign language. An intermediary interpreter may be needed when the communication mode of the deaf consumer is so unique that interpreters who are hearing cannot adequately access it. An intermediary interpreter acts as an intermediary between a hearing sign language interpreter and the deaf consumer.

"Certified court sign language interpreter" means a sign language interpreter who meets the qualifications required in this chapter and is included on the list administered by ODHH.

"Client" means a person who is deaf, hard of hearing, speech impaired, or ((deaf-blind))DeafBlind and may receive services from ODHH.

"Deaf" means a condition where a person's hearing ability is absent or mostly absent.

"((Deaf-blind))DeafBlind" means a person with both hearing loss and visual impairments.

"DSHS" or "department" means the department of social and health services.

"Federal poverty guidelines" means the poverty level established by the "Poverty Income Guideline" updated annually in the Federal Register.

"Hard of hearing" means a condition where a person has a functional hearing loss with some residual hearing, whether permanent or fluctuation, which adversely affects communication.

"Hearing loss" means any form of hearing impairment, from mild to profound.

"Intermediary interpreter" means an interpreter who is deaf or hard of hearing and possesses native or near native fluency in American sign language. An intermediary interpreter may be needed when the communication mode of the deaf consumer is so unique that interpreters who are hearing cannot adequately access it.

"Mobility impairment" for the purpose of this chapter means restricted upper body movement, which limits the ability to hold or ((dial a standard telephone))physically access necessary technology to communicate. Individuals must also have a hearing loss or speech impairment.

"ODHH" means the office of the deaf and hard of hearing in the department of social and health services.

"Qualified service provider" means an agency or a business that provides social services to individuals with hearing loss or speech impairments. A qualified service provider may also be a "qualified trainer((."))".

"Qualified trainer" means a person under contract with ((TAS))TED who is knowledgeable in the use of ((telecommunications))telecommunication equipment.

"Relay service" is defined under "telecommunications relay service (TRS)."

"School-age" means between ((four))three and ((seventeen))21 years of age, or up to age 22 for those with birthdays after August 31, becoming age 22 and eligible for education through the end of that academic year.

"Sign language interpreter" means a person who facilitates communication between individuals who communicate in spoken language and individuals who communicate in sign language. Sign language interpreters become certified by passing knowledge and performance tests established by the registry of interpreters for the deaf (RID) or the national association of the deaf (NAD). Certification is maintained by RID and includes the requirements that interpreters must be members of RID, comply with ongoing educational requirements, and maintain ethical standards.

(("Sliding fee scale" means a range used to determine an applicant's participation in the cost of equipment.))

"Speech impairment" means inability to speak or a speech disability.

(("TAS"))"TED" means the ((telecommunications access service))telecommunication equipment distribution program administered by the office of the deaf and hard of hearing. The program provides equipment and services to help people with hearing loss and speech ((impairments))impairment have equal access to ((telecommunications))telecommunication.

(("Telecommunications equipment"))"Telecommunication equipment" means any specialized device determined by ((TAS))TED in ODHH to help a person with ((a)) hearing loss or speech impairment to communicate effectively. Examples include: Amplified telephone, mobile phones, tablets, TTY, signaling devices, software, digital equipment, and accessories. (See WAC 388-818-0070.)

"Telecommunications relay service (TRS)" means wire or radio service that enables a person with hearing loss or speech impairment to communicate with a person who uses a voice telephone. This service has communication assistants who transfer telephone conversations from one format to another (such as spoken words to text) to facilitate communication between two or more people.

"TTY" means teletypewriter or text telephone.

(("TTY with Braille" means a teletypewriter with Braille keyboard and display.))

"Washington courts" means any court recognized in chapter 2.08 or 3.02 RCW.

(1) These social services relating to hearing loss are offered by qualified service providers and ODHH staff throughout the state:

(a) Information and referral about issues related to hearing loss;

(b) Advocacy on behalf of people with hearing loss;

(c) Training on deaf awareness and daily living issues experienced by people with hearing loss;

(d) Social gathering opportunities for groups, organizations, and clubs related to people with hearing loss; and

(e) Services related to ((telecommunications))telecommunication equipment, distribution of equipment, and training on the use and care of equipment.

(2) Qualified service providers offer these services to:

(a) Washington residents with hearing loss;

(b) The general public for information about hearing loss; and

(c) Telephone users who need their conversations relayed, or transferred from one format to another (such as spoken words to text).

(1) Clients may request ((telecommunications))telecommunication equipment from ((TAS))TED.

(2) For clients to receive equipment, ((TAS))TED staff must approve equipment requests.

(3) To be approved, ((telecommunications))telecommunication equipment must help people with hearing loss or speech ((impairments))impairment to:

(a) Have independent ((use of telecommunications equipment))or improved access to distance communication; and

(b) Gain equal access to ((telecommunications))telecommunication services that people with normal hearing and speech have.

(4) Specialized equipment may include((: Text))text, amplification, video, and hands-free equipment as well as ring and environmental sound signaling devices.

Applicants ages 13 and up may request a mobile phone as their equipment of choice. Cellular service is NOT provided by the TED program. Any costs associated with a service plan are the sole responsibility of the applicant or their parent/legal guardian.

In the use of ((telecommunications))telecommunication equipment, neither ((TAS))TED nor contracted qualified service providers offer:

(1) Replacement batteries for any ((telecommunications))telecommunication equipment((, except for deaf-blind equipment));

(2) Replacement paper for TTYs;

(3) Replacement light bulbs for signal equipment; or

(4) Payment of the client's telephone bill.

(((1))) Washington state residents may apply to receive ((telecommunications))telecommunication equipment from ((TAS))TED if they:

(((a)))(1) Are at least school aged; and

(((b)))(2) Are certified as having hearing loss or speech impairments.

(((2) Nonprofit organizations may apply to receive telecommunications equipment, as specified under WAC 388-818-0180.))

(1) A professional must certify that applicants have hearing loss ((and/or)), speech impairments, or both and are eligible to receive telecommunications equipment from ((TAS))TED.

(2) These professionals include:

(a) A person who is licensed or certified by the department of health to provide health care in the state of Washington;

(b) An audiologist or hearing aid fitter/dispenser in Washington;

(c) A vocational rehabilitation counselor;

(d) A deaf specialist or coordinator at one of the community service centers for the deaf and hard of hearing in the state;

(e) A ((deaf-blind))DeafBlind specialist or coordinator at an organization that serves ((deaf-blind))DeafBlind people;

(f) A certified speech pathologist practicing in the state of Washington;

(g) A licensed occupational therapist;

(h) Staff from a ((qualified)) state agency ((as determined and specified by the TRS advisory committee on deafness))providing client services to individuals that meet the TED program eligibility criteria; or

(i) Any in-state nonprofit organization serving the hearing or speech impaired.

(1) To request specialized ((telecommunications))telecommunication equipment, an applicant must send a completed "Application for ((Telecommunications Equipment))telecommunication equipment" form (DSHS 14-264) to ((TAS))TED. To request an application, contact ODHH at 1-800-422-7930 ((V/TTY))or email ODHH@dshs.wa.gov.

(2) The application form must be signed by an approved professional who certifies the applicant's eligibility. (See WAC 388-818-0100.)

(3) ((If the applicant is seventeen or under, his or her))School-aged applicants must have their parent/legal guardian ((must)) sign the application form.

(1) Clients whose family size and income are equal to or less than 200% of the federal poverty level are eligible to receive equipment at no cost to the client or their family.

(2) In the event a client is deemed ineligible due to income limits, an exception can be considered if there is a health or safety concern and the equipment is necessary to facilitate emergent communication.

To meet income standards for ((telecommunications))telecommunication equipment from ((TAS))TED, an applicant's income includes any of the following:

(1) Earned income, such as wages and tips;

(2) Social Security benefits;

(3) Unearned income, such as interest, dividends, and pensions;

(4) Family's share of income from corporations, partnerships, estates, and trusts; and

(5) Gains from the sale or exchange (including barter) of real estate, securities, coins, gold, silver, gems, or other property.

(1) When ((approving))processing an application for ((telecommunications))telecommunication equipment, ((TAS))TED staff must inform the applicant in writing or by email about:

(a) The receipt of the applicant's completed application form;

(((b) Any cost that applicants will incur for equipment;)) and

(((c)))(b) The time frame when the applicant may expect ((a qualified trainer)) to ((set up the))receive equipment ((and provide training)).

(2) When denying an application for ((telecommunications))telecommunication equipment, ((TAS))TED must inform the applicant in writing or by email about:

(a) The receipt of the applicant's completed application form;

(b) The reasons for the denial; and

(c) Any applicable procedures for appeal, as well as the circumstances under which the applicant may reapply. (See WAC 388-818-0150.)

(1) For an initial application for services, ((TAS))TED must deny an application for ((telecommunications))telecommunication equipment if an applicant:

(a) Does not meet the eligibility requirements of WAC 388-818-0090; or

(b) Has received similar equipment from ((TAS))TED within the last three years.

(2) For an application requesting replacement of ((telecommunications))telecommunication equipment, ((TAS))TED((must))may deny the request if the client has done any of the following:

(a) Abused, misused, or repaired without approval any previously issued equipment;

(b) Failed to file with the police a report of stolen equipment ((within fifteen working days of discovering a theft));

(c) Failed to file with the police or the fire department a report of fire having damaged the equipment ((within fifteen working days of the incident of the fire)); or

(d) Lost, pawned, or sold the equipment((; or

(e) Failed to obtain approval from DSHS before moving or traveling out of state with state-loaned equipment)).

Clients may renew their ((applications))application for ((telecommunications))telecommunication equipment when:

(1) Additional telecommunication equipment is necessary to meet the client's needs; or

(2) ((Equipment no longer works and it's been more than three years since he or she first received equipment))Client's condition has changed and requires different equipment for effective communication.

Note: If less than three years have passed since a client ((first)) received equipment, refer to WAC 388-818-0300 for replacement criteria.

When renewing an application for ((telecommunications))telecommunication equipment, a client must:

(1) Complete a new application, including recent information on total annual family income and family size; and

(2) Go through the same procedures as first-time applicants (outlined in WAC 388-818-0090 through 388-818-0130).

(1) Exceptions to the income cap will be considered if:

(2) To request ((a waiver (exception) of equipment cost, an))an exception to the income cap, the applicant or their representative must write ((a letter)) to the ODHH ((director))TED program manager explaining the reasons for the inability to ((pay for))obtain the equipment outside of the TED program. Letters can be mailed to: ODHH, Attn: ((Director))TED program manager, P.O. Box 45301, Olympia WA 98504-5301, or emailed to ODHH@dshs.wa.gov.

(((2)))(3) ODHH notifies the applicant in writing of the final decision for the ((waiver))exception request.

((Telecommunications))Telecommunication equipment is owned by the client when ((the client or the parent/legal guardian:

(((2) Sign a "Statement of Rights and Responsibilities" form upon receiving)) the equipment has been issued to the client for more than three years.

(((1))) When loaning ((telecommunications))telecommunication equipment to clients, ((ODHH must ensure that the client understands that the equipment remains the sole property of Washington state.

(2) A client, or the client's parent/legal guardian is liable for any damage to or loss of telecommunications equipment issued by TAS.))they agree to:

A client or the client's parent/legal guardian ((must))may be required to return state-loaned ((telecommunications))telecommunication equipment to ((TAS))TED when the client:

(1) Moves from a permanent Washington state residence to a location outside of Washington;

(2) No longer needs the equipment; or

(3) Has been notified by ((TAS))TED to return the equipment.((; or

(4) Has received new state-loaned equipment.))

(1) People must get written permission from ((TAS))TED before moving their loaned ((telecommunications))telecommunication equipment from Washington state for over ((ninety))90 days unless the client is attending an out of state educational facility.

(2) ((TAS))TED may grant the client permission to move ((telecommunications))telecommunication equipment from the state if it is in the best interest of the client and DSHS.

(1) Most program equipment is sent directly to the client via UPS, USPS, or FedEX.

(2) Some clients with more complex needs may be required to go through an evaluation process to determine unique equipment and set up needs. Those devices may be delivered by trainers, clinicians, or one of the shipping methods mentioned above.

(1) ODHH contracts with qualified people or agencies to train individuals on ways to use and care for ((telecommunications))telecommunication equipment provided by ((TAS))TED on an as needed basis.

(2) ((ODHH must ensure reasonable accessibility to training for people with hearing loss or speech impairment.

(3))) ODHH staff determine who receives training on proper equipment use and care from ODHH staff and qualified trainers. Individuals receiving training may include:

(a) Clients;

(b) Parents/legal guardians; ((and))

(c) Caregivers; and

(d) Staff or volunteers of profit and nonprofit organizations providing service or support to eligible clients.

(((4)))(3) When applicants are age ((seventeen))17 or younger, their parents/legal guardians must attend all training sessions on appropriate equipment use and care.

(1) Qualified trainers must determine the training needs of individuals and the type of training that would be most effective.

(2) A qualified trainer must:

(a) Conduct individual and group training sessions for the applicants in the use and care of the equipment;

(b) Provide training and presentations to individuals, agencies, and organizations, as requested by ODHH staff; and

(c) Distribute and set up ((telecommunications))telecommunication equipment for applicants as directed by TED.

(((3) When delivering telecommunications equipment, a qualified trainer may decide that the purchased equipment does not meet the client's needs. In this case, the trainer may recommend other equipment to the client. If accepting other equipment, the client must take financial responsibility for any cost difference by signing an "Acceptance of Financial Responsibility" form.))

(1) ((TAS))TED may replace ((telecommunications))telecommunication equipment without a client renewing the application for equipment if:

(a) The equipment is no longer working; and

(b) Less than three years have passed since the client's initial application date for equipment.

(2) Clients may renew their application with ((TAS))TED to replace ((telecommunications))telecommunication equipment if:

(a) The equipment is no longer working;

(b) The client's needs have changed due to a variance in their disability; and

(((b)))(c) Three years have passed from the last time they applied for and received their equipment. (See WAC 388-818-0160 for the renewal process.)

((TAS))TED may deny a request for replacement ((telecommunications))telecommunication equipment if:

((previously))(2) Previously issued equipment:

(((1)))(a) Was neglected, misused, or abused;

(((2)))(b) Was not reported as stolen or burned to either police or fire department ((within fifteen working days)); or

(((3)))(c) Was lost, sold, traded, or pawned.

((TAS))TED may recondition ((telecommunications))telecommunication equipment and give it to ((any of the following agencies, nonprofit organizations or individuals:

(4) Nonpaying clients))clients whose equipment is damaged beyond repair, and they are not eligible to apply for new equipment.

(1) When ((TAS))TED denies an application for original or replacement equipment, an applicant or client may request that ODHH review this decision.

(2) For a review of a ((TAS))TED decision, the applicant or client must:

(a) Submit a request in writing to ODHH, mailed to: ODHH, Attn: TED program manager, P.O. Box 45301, Olympia WA 98504-5301, or emailed to ODHH@dshs.wa.gov specifying the reason for the request; and

(b) Ensure that ODHH receives this request within ((forty))40 days of the date of the denial notice.

(3) Within ((thirty))30 days after receiving the request for review, ODHH staff must inform the applicant or client in writing of the decision of the request. The decision of ODHH is final.