Current through Register Vol. 63, No. 9, September 1, 2024
(1) For
purposes of this rule:
(a) An "assistive
communication device" means any equipment designed to facilitate communication
by an individual with a disability;
(b) An "individual with a disability" means a
person who cannot readily understand the proceedings because of deafness or a
physical hearing impairment, or cannot communicate in the proceedings because
of a physical speaking impairment;
(c) A "non-English speaking" person means a
person who, by reason of place of birth or culture, speaks a language other
than English and does not speak English with adequate ability to communicate
effectively in the proceedings;
(d)
A "qualified interpreter" means:
(A) For an
individual with a disability, a person readily able to communicate with the
individual with a disability, interpret the proceedings and accurately repeat
and interpret the statements of the individual with a disability to the
presiding officer;
(B) For a
non-English speaking person, a person readily able to communicate with the
non-English-speaking person and who can orally transfer the meaning of
statements to and from English and the language spoken by the non-English
speaking person. A qualified interpreter must be able to interpret in a manner
that conserves the meaning, tone, level, style and register of the original
statement, without additions or omissions. "Qualified interpreter" does not
include a person who is unable to interpret the dialect, slang or specialized
vocabulary used by the party or witness.
(2) If an individual with a disability is a
party or witness in a contested case hearing:
(a) The presiding officer shall appoint a
qualified interpreter and make available appropriate assistive communication
devices whenever it is necessary to interpret the proceedings to, or to
interpret the testimony of, the individual with a disability.
(b) No fee shall be charged to the individual
with a disability for the appointment of an interpreter or use of an assistive
communication device. No fee shall be charged to any person for the appointment
of an interpreter or the use of an assistive communication device if
appointment or use is made to determine whether the person is disabled for
purposes of this rule.
(3) If a non-English speaking person is a
party or witness in a contested case hearing:
(a) The presiding officer shall appoint a
qualified interpreter whenever it is necessary to interpret the proceedings to
a non-English speaking party, to interpret the testimony of a non-English
speaking party or witness, or to assist the presiding officer in performing the
duties of the presiding officer.
(b) No fee shall be charged to any person for
the appointment of an interpreter to interpret the testimony of a non-English
speaking party or witness, or to assist the presiding officer in performing the
duties of the presiding officer. No fee shall be charged to a non-English
speaking party who is unable to pay for the appointment of an interpreter to
interpret the proceedings to the non-English speaking party. No fee shall be
charged to any person for the appointment of an interpreter if an appointment
is made to determine whether the person is unable to pay or non-English
speaking for the purposes of this rule.
(c) A non-English speaking party shall be
considered unable to pay for an interpreter for purposes of this rule if:
(A) The party makes a verified statement and
provides other information in writing under oath showing financial inability to
pay for a qualified interpreter and provides any other information required by
the agency concerning the inability to pay for such an interpreter;
and
(B) It appears to the agency
that the party is in fact unable to pay for a qualified interpreter.
(d) The agency may delegate to the
presiding officer the authority to determine whether the party is unable to pay
for a qualified interpreter.
(4) When an interpreter for an individual
with a disability or a non-English speaking person is appointed or an assistive
communication device is made available under this rule:
(a) The presiding officer shall appoint a
qualified interpreter who is certified under ORS
45.291 if one is available
unless, upon request of a party or witness, the presiding officers deems it
appropriate to appoint a qualified interpreted who is not so
certified.
(b) The presiding
officer may not appoint any person as an interpreter if the person has a
conflict of interest with any of the parties or witnesses, is unable to
understand or cannot be understood by the presiding officer, party or witness,
or is unable to work cooperatively with the presiding officer, the person in
need of an interpreter or the representative for that person. If a party or
witness is dissatisfied with the interpreter selected by the presiding officer,
a substitute interpreter may be used as provided in ORS
45.275(5).
(c) If a party or witness is dissatisfied
with the interpreter selected by the presiding officer, the party or witness
may use any certified interpreter except that good cause must be shown for a
substitution if the substitution will delay the proceeding.
(d) Fair compensation for the services of an
interpreter or the cost of an assistive communication device shall be paid by
the agency except, when a substitute interpreter is used for reasons other than
cause, the party requesting the substitute shall bear any additional costs
beyond the amount required to pay the original interpreter.
(5) The presiding officer shall
require any interpreter for a person with a disability or a non-English
speaking person to state the interpreter's name on the record and whether he or
she is certified under ORS
45.291. If the interpreter is
not certified under 45.291, the interpreter must
state or submit his or her qualifications on the record and must swear or
affirm to make a true and impartial interpretation of the proceedings in an
understandable manner using the interpreter's best skills and judgment in
accordance with the standards and ethics of the interpreter
profession.
(6) A person requesting
an interpreter for a person with a disability or a non-English speaking person,
or assistive listening device for an individual with a disability, must notify
the agency or presiding officer as soon as possible, but no later than 14
calendar days before the proceeding, including the hearing or pre-hearing
conference, for which the interpreter or device is requested.
(a) For good cause shown, the agency or
presiding officer may waive the 14-day advance notice.
(b) Notification to the agency or presiding
officer must include:
(A) The name of the
person needing a qualified interpreter or assistive communication
device;
(B) The person's status as
a party or a witness in the proceeding; and
(C) If the request is in behalf of:
(i) An individual with a disability, the
nature and extent of the individual's physical hearing or speaking impairment,
and the type of aural interpreter, or assistive communication device needed or
preferred; or
(ii) A non-English
speaking person, the language spoken by the non-English speaking
person.
Stat. Auth.: ORS
183.341
Stats. Implemented: ORS
183.341; Or Laws 1999, ch 1041
(SB 38), ch 849; Or Laws 2001, ch 242 (SB
76)
