A state employee who is approved by the commission for the deaf and hard of hearing as an interpreter or a communication access realtime translation (CART) provider may be employed by the commission or by other state agencies as long as the interpreter and CART services:

(1)  Are provided outside of the normal working hours of the employee in order to comply with federal, state, and local laws;

(2)  The services are not required as part of the regular duties of the employee;

(3)  The employee does not participate in or have official responsibility for the financial management of the contracting agency;

(4)  The employee is compensated for no more than four (4) hours in any day in which the employee is otherwise compensated by the state of Rhode Island; and

(5)  The head of the contracting agency files with the state ethics commission a written certification that there is a critical need for the services of the employee.