Article 8. Language Assistance of California Government Code >> Division 3. >> Title 2. >> Part 1. >> Chapter 4.5. >> Article 8.
As used in this article, "language assistance" means oral
interpretation or written translation into English of a language
other than English or of English into another language for a party or
witness who cannot speak or understand English or who can do so only
with difficulty.
Nothing in this article limits the application or effect
of Section 754 of the Evidence Code to interpretation for a deaf or
hard-of-hearing party or witness in an adjudicative proceeding.
(a) The following state agencies shall provide language
assistance in adjudicative proceedings to the extent provided in this
article:
(1) Agricultural Labor Relations Board.
(2) State Department of Alcohol and Drug Programs.
(3) State Athletic Commission.
(4) California Unemployment Insurance Appeals Board.
(5) Board of Parole Hearings.
(6) State Board of Barbering and Cosmetology.
(7) State Department of Developmental Services.
(8) Public Employment Relations Board.
(9) Franchise Tax Board.
(10) State Department of Health Care Services.
(11) Department of Housing and Community Development.
(12) Department of Industrial Relations.
(13) State Department of State Hospitals.
(14) Department of Motor Vehicles.
(15) Notary Public Section, Office of the Secretary of State.
(16) Public Utilities Commission.
(17) Office of Statewide Health Planning and Development.
(18) State Department of Social Services.
(19) Workers' Compensation Appeals Board.
(20) Division of Juvenile Justice.
(21) Division of Juvenile Parole Operations.
(22) Department of Insurance.
(23) State Personnel Board.
(24) California Board of Podiatric Medicine.
(25) Board of Psychology.
(b) Nothing in this section prevents an agency other than an
agency listed in subdivision (a) from electing to adopt any of the
procedures in this article, provided that any selection of an
interpreter is subject to Section 11435.30.
(c) Nothing in this section prohibits an agency from providing an
interpreter during a proceeding to which this chapter does not apply,
including an informal factfinding or informal investigatory hearing.
(d) This article applies to an agency listed in subdivision (a)
notwithstanding a general provision that this chapter does not apply
to some or all of an agency's adjudicative proceedings.
(a) The hearing, or any medical examination conducted for
the purpose of determining compensation or monetary award, shall be
conducted in English.
(b) If a party or the party's witness does not proficiently speak
or understand English and before commencement of the hearing or
medical examination requests language assistance, an agency subject
to the language assistance requirement of this article shall provide
the party or witness an interpreter.
(a) The cost of providing an interpreter under this
article shall be paid by the agency having jurisdiction over the
matter if the presiding officer so directs, otherwise by the party at
whose request the interpreter is provided.
(b) The presiding officer's decision to direct payment shall be
based upon an equitable consideration of all the circumstances in
each case, such as the ability of the party in need of the
interpreter to pay.
(c) Notwithstanding any other provision of this section, in a
hearing before the Workers' Compensation Appeals Board or the
Division of Workers' Compensation relating to workers' compensation
claims, the payment of the costs of providing an interpreter shall be
governed by the rules and regulations promulgated by the Workers'
Compensation Appeals Board or the Administrative Director of the
Division of Workers' Compensation, as appropriate.
(a) The State Personnel Board shall establish, maintain,
administer, and publish annually an updated list of certified
administrative hearing interpreters it has determined meet the
minimum standards in interpreting skills and linguistic abilities in
languages designated pursuant to Section 11435.40. Any interpreter so
listed may be examined by each employing agency to determine the
interpreter's knowledge of the employing agency's technical program
terminology and procedures.
(b) Court interpreters certified pursuant to Section 68562, and
interpreters listed on the State Personnel Board's recommended lists
of court and administrative hearing interpreters prior to July 1,
1993, shall be deemed certified for purposes of this section.
(c) (1) In addition to the certification procedure provided
pursuant to subdivision (a), the Administrative Director of the
Division of Workers' Compensation may establish, maintain,
administer, and publish annually an updated list of certified
administrative hearing interpreters who, based on testing by an
independent organization designated by the administrative director,
have been determined to meet the minimum standards in interpreting
skills and linguistic abilities in languages designated pursuant to
Section 11435.40, for purposes of administrative hearings conducted
pursuant to proceedings of the Workers' Compensation Appeals Board.
The independent testing organization shall have no financial interest
in the training of interpreters or in the employment of interpreters
for administrative hearings.
(2) (A) A fee, as determined by the administrative director, shall
be collected from each interpreter seeking certification. The fee
shall not exceed the reasonable regulatory costs of administering the
testing and certification program and of publishing the list of
certified administrative hearing interpreters on the Division of
Workers' Compensation' Internet Web site.
(B) The Legislature finds and declares that the services
described in this section are of such a special and unique nature
that they may be contracted out pursuant to paragraph (3) of
subdivision (b) of Section 19130. The Legislature further finds and
declares that the services described in this section are a new state
function pursuant to paragraph (2) of subdivision (b) of Section
19130.
(a) The State Personnel Board shall establish, maintain,
administer, and publish annually, an updated list of certified
medical examination interpreters it has determined meet the minimum
standards in interpreting skills and linguistic abilities in
languages designated pursuant to Section 11435.40.
(b) Court interpreters certified pursuant to Section 68562 and
administrative hearing interpreters certified pursuant to Section
11435.30 shall be deemed certified for purposes of this section.
(c) (1) In addition to the certification procedure provided
pursuant to subdivision (a), the Administrative Director of the
Division of Workers' Compensation may establish, maintain,
administer, and publish annually an updated list of certified medical
examination interpreters who, based on testing by an independent
organization designated by the administrative director, have been
determined to meet the minimum standards in interpreting skills and
linguistic abilities in languages designated pursuant to Section
11435.40, for purposes of medical examinations conducted pursuant to
proceedings of the Workers' Compensation Appeals Board, and medical
examinations conducted pursuant to Division 4 (commencing with
Section 3200) of the Labor Code. The independent testing organization
shall have no financial interest in the training of interpreters or
in the employment of interpreters for medical examinations.
(2) (A) A fee, as determined by the administrative director, shall
be collected from each interpreter seeking certification. The fee
shall not exceed the reasonable regulatory costs of administering the
testing and certification program and of publishing the list of
certified medical examination interpreters on the Division of Workers'
Compensation's Internet Web site.
(B) The Legislature finds and declares that the services
described in this section are of such a special and unique nature
that they may be contracted out pursuant to paragraph (3) of
subdivision (b) of Section 19130. The Legislature further finds and
declares that the services described in this section are a new state
function pursuant to paragraph (2) of subdivision (b) of Section
19130.
(a) The Department of Human Resources shall designate the
languages for which certification shall be established under
Sections 11435.30 and 11435.35. The languages designated shall
include, but not be limited to, Spanish, Tagalog, Arabic, Cantonese,
Japanese, Korean, Portuguese, and Vietnamese until the Department of
Human Resources finds that there is an insufficient need for
interpreting assistance in these languages.
(b) The language designations shall be based on the following:
(1) The language needs of non-English-speaking persons appearing
before the administrative agencies, as determined by consultation
with the agencies.
(2) The cost of developing a language examination.
(3) The availability of experts needed to develop a language
examination.
(4) Other information the department deems relevant.
(a) The Department of Human Resources shall establish and
charge fees for applications to take interpreter examinations and
for renewal of certifications. The purpose of these fees is to cover
the annual projected costs of carrying out this article. The fees may
be adjusted each fiscal year by a percent that is equal to or less
than the percent change in the California Necessities Index prepared
by the Commission on State Finance.
(b) Each certified administrative hearing interpreter and each
certified medical examination interpreter shall pay a fee, due on
July 1 of each year, for the renewal of the certification. Court
interpreters certified under Section 68562 shall not pay any fees
required by this section.
(c) If the amount of money collected in fees is not sufficient to
cover the costs of carrying out this article, the department shall
charge and be reimbursed a pro rata share of the additional costs by
the state agencies that conduct administrative hearings.
The Department of Human Resources may remove the name of
a person from the list of certified interpreters if any of the
following conditions occurs:
(a) The person is deceased.
(b) The person notifies the department that the person is
unavailable for work.
(c) The person does not submit a renewal fee as required by
Section 11435.45.
(a) An interpreter used in a hearing shall be certified
pursuant to Section 11435.30. However, if an interpreter certified
pursuant to Section 11435.30 cannot be present at the hearing, the
hearing agency shall have discretionary authority to provisionally
qualify and use another interpreter.
(b) An interpreter used in a medical examination shall be
certified pursuant to Section 11435.35. However, if an interpreter
certified pursuant to Section 11435.35 cannot be present at the
medical examination, the physician provisionally may use another
interpreter if that fact is noted in the record of the medical
evaluation.
Every agency subject to the language assistance
requirement of this article shall advise each party of the right to
an interpreter at the same time that each party is advised of the
hearing date or medical examination. Each party in need of an
interpreter shall also be encouraged to give timely notice to the
agency conducting the hearing or medical examination so that
appropriate arrangements can be made.
(a) The rules of confidentiality of the agency, if any,
that apply in an adjudicative proceeding shall apply to any
interpreter in the hearing or medical examination, whether or not the
rules so state.
(b) The interpreter shall not have had any involvement in the
issues of the case prior to the hearing.