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 "qualified interpreter" for an
individual with a disability means 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.
(2) If an
individual with a disability is a party or witness in a contested case
proceeding:
(a) The administrative law judge
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 for that
person's contested case proceeding.
(b) A fee may not be charged to the
individual with a disability for the appointment of an interpreter or use of an
assistive communication device. A fee may not 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 individual is an
individual with a disability for purposes of this rule.
(3) When an interpreter for an individual
with a disability is appointed or an assistive communication device is made
available under this rule:
(a) The
administrative law judge 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 administrative law judge deems
it appropriate to appoint a qualified interpreter who is not so
certified.
(b) The administrative
law judge 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 administrative law judge, party or
witness, or is unable to work cooperatively with the administrative law judge,
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
administrative law judge, a substitute interpreter may be used as provided in
ORS 45.275(4).
(c) If a party or witness is dissatisfied
with the interpreter selected by the administrative law judge, the party or
witness may use any qualified interpreter except that good cause must be shown
for a substitution if the substitution will delay the proceeding. Good cause
exists when information in the record establishes that the party or witness
would be unable to effectively communicate without the assistance of a
substitute interpreter. Any party may object to use of any interpreter for good
cause.
(d) Fair compensation for
the services of an interpreter or the cost of an assistive communication device
shall be paid by the department except, when a substitute interpreter is used
for reasons other than good cause, the party requesting the substitute shall
bear any additional costs beyond the amount that was or would have been paid to
the original interpreter.
(4) The administrative law judge shall
require any interpreter for an individual with a disability to state the
interpreter's name on the record and whether they are certified under ORS
45.291. If the interpreter is
not certified under ORS
45.291, the interpreter must
state or submit their qualifications on the record and must affirm that they
will 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.
(5) A person requesting
an interpreter or assistive communication device for an individual with a
disability must notify the administrative law judge 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, the administrative law
judge may waive the 14 calendar days advance notice.
(b) The notice to the administrative law
judge 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 on behalf of 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.
(6) If the department has knowledge that an
individual with a disability that is a party or witness in a contested case
proceeding is in need of an interpreter or assistive communication device, the
department shall provide notice of the need to the Office of Administrative
Hearings (OAH). If the department does not have knowledge that an interpreter
or assistive communication device is needed for a person with a disability, the
person, or that person's representative, must notify the OAH of such need in
advance of the contested case proceeding for which the interpreter or assistive
communication device is requested
Statutory/Other Authority: ORS
657B.340
Statutes/Other Implemented: ORS
657B.410
