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Code of Colorado Regulations eDocket
Details of Tracking Number
2020-00860
CCR details
| Tracking Number |
2020-00860 |
| Type of Filing |
Permanent Rule |
| Department |
500,1008,2500 Department of Human Services |
| Agency |
2516 Commission for the Deaf, Hard of Hearing, and DeafBlind (Volume 27) |
| CCR Number |
12 CCR 2516-1 |
| CCR Title |
RULE MANUAL 27, COMMISSION FOR THE DEAF, HARD OF HEARING, AND DEAFBLIND |
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Proposed rule
| Notice Filed with SOS |
10/30/2020 |
| Rule |
ProposedRuleAttach2020-00860.doc |
| Statutory Authority |
26-1-107, C.R.S. (2015); 26-1-109, C.R.S. (2015); 26-1-111, C.R.S. (2015); § 13-90-203, C.R.S. § 24-1-120(5)(h), C.R.S.; § 24-4-103, C.R.S.; § 26-21-102, 104(1), 106(4), C.R.S. |
| Applicable Federal Provisions |
Americans with Disabilities Act, Title II, Pub. L. 101-336, codified at 42 U.S.C. sec. 12101 et seq., and its implementing regulation |
| Description of Subjects/Issues |
The Colorado Commission for the Deaf, Hard of Hearing, and DeafBlind’s Legal Auxiliary Services (LAS) program is responsible for providing access to effective communication for deaf, hard of hearing, and deafblind consumers for: Colorado State Court proceedings and court-ordered services; state administrative, commission, agency and licensing hearings; and grand jury or jury proceedings. LAS is also responsible for issuing a Legal Credential Authorization (LCA) to Auxiliary Services providers (sign language interpreters and Communication Access Realtime Translation (“CART”) providers) who are determined to be qualified to work in legal and administrative settings.
Currently Rule 27.230 requires CART providers to hold one of two national certifications, one of which is no longer in use, in order to attain a LCA. CART providers in Colorado tend not to seek or hold national certification, and therefore are precluded from being able to attain a LCA. At this time, LAS has only one CART provider with a LCA, which makes it challenging to fulfill CART requests from the State’s 22 Judicial Districts and other administrative settings. This difficulty has been compounded by the coronavirus pandemic, which has led to a dramatic increase in the number of CART requests statewide and nationally. The severe shortage of CART providers with a LCA is resulting in the cancellation or postponement of court proceedings. This emergency rule addresses the shortage. |
| Purpose/Objective of Rule |
The Colorado Commission for the Deaf, Hard of Hearing, and DeafBlind’s Legal Auxiliary Services (LAS) program is responsible for providing access to effective communication for deaf, hard of hearing, and deafblind consumers for Colorado State Court proceedings and court-ordered services; state administrative, commission, agency and licensing hearings; and grand jury or jury proceedings. LAS is also responsible for issuing a Legal Credential Authorization (LCA) to Auxiliary Services providers (sign language interpreters and Communication Access Realtime Translation (“CART”) providers) who are determined to be qualified to work in legal and administrative settings.
Currently pursuant to 12 CCR 2516-1, Section 27.230 requires CART providers to hold one of two national certifications, one of which is no longer in use, in order to attain a LCA. CART providers in Colorado tend not to seek or hold national certification, and therefore are precluded from being able to attain a LCA. At this time, LAS has only one CART provider with a LCA, which makes it challenging to fulfill CART requests from the State’s 22 Judicial Districts and other administrative settings. This difficulty has been compounded by the coronavirus pandemic, which has led to a dramatic increase in the number of CART requests statewide and nationally. The severe shortage of CART providers with a LCA is resulting in the cancellation or postponement of court proceedings. This emergency rule addresses the shortage. |
| Basis And Purpose |
BasisAndPurposeAttachment2020-00860.doc
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| Regulatory analysis |
RegulatoryAnalysisAttachment2020-00860.doc
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| Comments |
CDHS typically holds 2 public hearings, an initial and final, for each proposed rule. The initial hearing allowing the public an opportunity to submit written data, views, or arguments and to testify for or against the proposed rules. The Board does not vote on the proposed rule at the initial hearing, but asks CDHS to consider all public comment and discussion and, if needed, submit revisions to the proposed rule. The final hearing, usually the month following the initial hearing, allows the same opportunity for public comment, after which the Board votes on final adoption of the proposed rule. Emergency rules (ER) are adopted immediately, and are permanently adopted at a second hearing, usually the month after the initial hearing. This hearing permanently adopted ER adopted 11/06/2020, SOS#2020-00887. Meeting information: https://cdhs.colorado.gov/sbhs |
| Submitted in response to issues raised by COLS/OLLS? |
No
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| Is this rule adopted in response to recent legislation? |
No
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| Hearing Date |
12/04/2020 |
| Hearing Time |
08:30 AM |
| Hearing Location |
Location Pending State's response to COVID-19. Likely to be held entirely online. |
| Contact Name |
Trish Leakey |
| Contact Title |
Auxiliary Services Manager |
| Contact Telephone |
720.949.7483 |
| Contact email |
trish.leakey@state.co.us |
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Adopted rule
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