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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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DEPARTMENT OF CONSUMER AND BUSINESS SERVICES,
WORKERS' COMPENSATION BOARD

 

DIVISION 20

INTERPRETERS

438-020-0001

Special Definitions

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.

Stat. Auth.: ORS 656.726(5 ) & ORS 183.310 -- ORS 183.400
Stats. Implemented: ORS 656.726(5), ORS 45.273, ORS 45.275, ORS 45.285 & ORS 45.288
Hist.: WCB 2-2001, f. 4-12-01, cert. ef. 7-1-01

438-020-0005

ALJ Designation

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.

Stat. Auth.: ORS 656.726(5 ) & ORS 183.310 -- ORS 183.400
Stats. Implemented: ORS 656.726(5), ORS 45.273, ORS 45.275, ORS 45.285 & ORS 45.288
Hist.: WCB 2-2001, f. 4-12-01, cert. ef. 7-1-01

438-020-0010

Notice of Need for and Appointment of Interpreter

(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. Notification is preferred by means of the Board’s website portal (https://portal.wcb.oregon.gov), website Online Services page (www.wcb.oregon.gov), mail, or FAX, although telephonic notification will be accepted. Notification should 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.

Stat. Auth.: ORS 656.726(5) & 183.310–183.400
Stats. Implemented: ORS 656.726(5), 45.273, 45.275, 45.285 & 45.288
Hist.: WCB 1-2001, f. 4-12-01, cert. ef. 7-1-01; WCB 2-1995, f. 11-13-95, cert. ef. 1-1-96; WCB 1-2012, f. 8-22-12, cert. ef. 11-1-12; WCB 1-2013, f. 2-11-13, cert. ef. 4-1-13

438-020-0015

Removal of Interpreter

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.

Stat. Auth.: ORS 656.726(5 ) & ORS 183.310 -- ORS 183.400
Stats. Implemented: ORS 656.726(5), ORS 45.273, ORS 45.275, ORS 45.285 & ORS 45.288
Hist.: WCB 2-2001, f. 4-12-01, cert. ef. 7-1-01

438-020-0020

Cancellation

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.

Stat. Auth.: ORS 656.726(5 ) & ORS 183.310 -- ORS 183.400
Stats. Implemented: ORS 656.726(5), ORS 45.273, ORS 45.275, ORS 45.285 & ORS 45.288
Hist.: WCB 2-2001, f. 4-12-01, cert. ef. 7-1-01

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