[438-007-0035 (1) "Qualified interpreter" means a person who is readily able to communicate with a non-English speaking person, translate the proceedings and accurately repeat and translate the statements of other persons from a language other than English to English and English to the other language, or the operator of appropriate assistive communication devices necessary to allow a disabled person to fully participate in proceedings. "Qualified interpreter" does not include any person who is unable to interpret or translate fluently the dialect, slang or specialized vocabulary used by the party or witness.
(2) The Workers' Compensation Board (Board) will pay for the services of a qualified interpreter if:
(a) The party seeking to offer evidence that requires interpretation, or who requires interpretation to fully participate in the proceeding, has engaged the services of a qualified interpreter;
(b) The qualified interpreter is under a current personal services contract with the Board at the time interpretation services are performed; and
(c) A proceeding, whether or not recorded, is conducted in the presence of an Administrative Law Judge or pursuant to an Administrative Law Judge's order.
(3) The party who engages the services of a qualified interpreter is responsible for notifying the qualified interpreter of the dates, times and places of proceedings and of any changes in those factors, including cancellations of hearings.
(4) Payment shall be at the rate(s) prescribed in the personal services contract, except that:
(a) Interpretation services will be paid only for proceedings, whether or not recorded, conducted in the presence of an Administrative Law Judge or pursuant to an Administrative Law Judge's order;
(b) The Board will reimburse the qualified interpreter for travel costs only if travel of more than 40 miles round trip is required to perform interpretation services and the travel is approved in advance by the Board's Administrator; and,
(c) If a scheduled hearing has been cancelled, any appearance charges billed by the qualified interpreter shall be the responsibility of the party who engaged the qualified interpreter.
(5) A list of qualified interpreters under contract with the Board may be obtained by contacting the Hearings Division, 2601 25th Street SE, Suite 150, Salem, OR 97302-1282. This list will also indicate those interpreters who have received court certification in accordance with ORS 45.291.
(6) All qualified interpreters whose name appears on the list described in section (5) of this rule must sign a document in which:
(a) The interpreter swears or affirms under oath that the interpreter will always make a true and impartial translation of the proceedings to which the interpreter is assigned in an understandable manner using the interpreter's best skills and judgment in accordance with the standards and ethics of the interpreter profession; and
(b) The interpreter agrees to seek court certification under ORS 45.291.
(7) Parties are encouraged to hire those interpreters whose name appears on the Board's list of interpreters under section (5) of this rule as a court certified interpreter pursuant to ORS 45.291. However, this rule does not prohibit the parties from engaging the services of interpreters not under Board contract, either as volunteers or at the expense of one or more of the parties, if the parties and the Administrative Law Judge so agree, provided that the interpreter signs a document in compliance with subsection (6)(a) of this rule.]
Stat. Auth.: ORS 654.025(2), 656.726(4)
Stats. Implemented: ORS 656.726(2)(d)
Hist.: WCB 4-1992 (Temp), f. 6-16-92, cert. ef. 6-17-92; WCB 7-1992, f. 12-10-92, cert. ef. 12-14-92; WCB 1-1994, f. 11-1-94, cert. ef. 1-1-95; WCB 1-1997, f. 3-20-97, cert. ef. 7-1-97; WCB 1-1999, f. 8-24-99, cert. ef. 11-1-99