EXHIBIT A
DIVISION 020
INTERPRETERS
Special Definitions
438-020-0001
As used in this Division:
(1) "Certified interpreter"
means an interpreter who has been certified under ORS 45.291;
(2) "Disabled person"
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;
(3) "Interpreter
Services Coordinator" (ISC) means a Board employee who is responsible for
coordinating procedures regarding the identification, appointment, notification,
and removal of interpreters, and who, when designated by an Administrative Law
Judge, is responsible for appointing an interpreter.
(4) "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;
(5) "Qualified interpreter"
means a person who is 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 any person who is unable to interpret
the dialect, slang or specialized vocabulary used by the party or witness. In
proceedings involving a "disabled person," a "qualified interpreter" means a
person who is readily able to communicate with the disabled person, interpret
the proceedings and accurately repeat and interpret the statements of the disabled
person to the ALJ.
ALJ Designation
438-020-0005
Pursuant to ORS 45.275(1), an Administrative Law Judge (ALJ) is empowered to
appoint qualified interpreters in hearings over which he/she presides. The ALJ
may designate the Hearings Division's Interpreter Services Coordinator (ISC)
or another designee to appoint the interpreter.
Notice of Need for and Appointment of Interpreter
438-020-0010(1)
When a party or a party's attorney determines that an interpreter is needed,
the attorney, or an unrepresented claimant, shall immediately notify the Hearings
Division's ISC. Postal notification or FAX is preferred, although telephonic
notification will be accepted. Notification shall contain:
(a) The claimant's name;
(b) the WCB case number;
(c) the insurer claim
number;
(d) the date, time and
location of the hearing;
(e) the assigned ALJ;
and
(f) the specific interpretation
needs, such as the language and dialect, the need for multiple interpreters
and the anticipated length of the proceeding if it is reasonably expected to
last more than two hours;
(2) The ISC, another designee
of the assigned ALJ, or the assigned ALJ will appoint a certified or qualified
interpreter and promptly notify the parties, or their representatives, of the
name of the appointed interpreter.
(3) If there is an objection
to the appointed interpreter, the objecting party shall communicate the objection
to the assigned ALJ within a reasonable time.
(4) If, after the appointment
of an interpreter, a proceeding is postponed or continued for reasons other
than, and not including, an objection to or dissatisfaction with an appointed
interpreter, it shall be presumed that the parties have no objection to the
use of an interpreter previously appointed for the case and to whom no objection
was made within a reasonable time after such appointment.
Removal of Interpreter
438-020-0015
After the appointment of an interpreter, the ALJ shall remove the interpreter
and another interpreter shall be appointed if, at any time prior to or during
the hearing, the ALJ determines that:
(1) The appointed interpreter
has a conflict of interest with the ALJ, any party, attorney or witness;
(2) The appointed interpreter
is unable to adequately interpret and/or is unable to understand or be understood
by the ALJ, a party, an attorney or a witness;
(3) The appointed interpreter
is unable or unwilling to cooperate with the ALJ, a party, an attorney or a
witness; or
(4) Other good cause exists,
in the discretion of the ALJ, to remove the appointed interpreter.
Cancellation
438-020-0020
When a party or a party's attorney becomes aware that interpreter services are
no longer needed, the attorney for the party, or the unrepresented party, shall
immediately notify the assigned ALJ.