The right of a person who is deaf, hard of hearing, or deafblind to a qualified auxiliary service may not be waived except in writing by the person who is deaf, hard of hearing, or deafblind. Prior to executing a waiver, a person who is deaf, hard of hearing, or deafblind may have access to counsel for advice and shall have actual, full knowledge of the right to effective communication. The waiver is subject to the approval of counsel, if any, to the person who is deaf, hard of hearing, or deafblind and is also subject to the approval of the appointing authority. In no event is the failure of the person who is deaf, hard of hearing, or deafblind to request a qualified auxiliary service deemed a waiver of this right.
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