California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 8 - Office of the Director › Subchapter 6 - Prevailing Wage Hearings › Article 4 - Hearings › Section 17248 - Interpreters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Proceedings
					 shall be conducted in the English language. The notice advising a Party of the
					 hearing date shall also include notice of the Party's right to request an
					 interpreter for a Party or witness who cannot speak or understand English, or
					 who can do so only with difficulty, or who is deaf or hearing impaired as
					 defined under Evidence Code section
					 754.
(b) A request for an interpreter for a Party
					 or witness shall be submitted as soon as possible after the requesting Party
					 becomes aware of the need for an interpreter and prior to the commencement of
					 the hearing. The request should include information that (1) will enable the
					 Hearing Officer and Department to obtain an interpreter with appropriate
					 skills; and (2) will assist the Hearing Officer in determining whether the
					 Department or the requesting Party should pay for the cost of the
					 interpreter.
(c) Upon receipt of a
					 timely request, the Hearing Officer shall direct the Department to provide an
					 interpreter and shall also decide whether the Department or the requesting
					 Party shall pay the cost of the interpreter, based upon an equitable
					 consideration of all the circumstances, including the requesting Party's
					 ability to pay.
(d) A person is
					 qualified to serve as an interpreter if he or she (1) is on the current State
					 Personnel Board List of Certified Administrative Hearing Interpreters
					 maintained pursuant to Government Code section
					 11435.25;
					 and (2) has also been examined and determined by the Department to be
					 sufficiently knowledgeable of the terminology and procedures generally used in
					 these proceedings.
(e) In the event
					 that a qualified interpreter under subpart (d) is unavailable or if there are
					 no certified interpreters for the language in which assistance is needed, the
					 Hearing Officer may qualify and appoint another interpreter to serve as needed
					 in a single hearing or case.
(f)
					 Before appointment of an interpreter, the Hearing Officer or a Party may
					 conduct a brief supplemental examination of the prospective interpreter to see
					 if that person has the qualifications necessary to serve as an interpreter,
					 including whether he or she understands terms and procedures generally used in
					 these proceedings, can explain those terms and procedures in English and the
					 other language being used, and can interpret those terms and procedures into
					 the other language. An interpreter shall not have had any prior substantive
					 involvement in the matter under review, and shall disclose to the Hearing
					 Officer and the Parties any actual conflict of interest or appearance of
					 conflict. Any condition that interferes with the objectivity of an interpreter
					 constitutes a conflict of interest. A conflict may exist if an interpreter is
					 an employee of, acquainted with, or related to a Party or witness to the
					 proceeding, or if an interpreter has an interest in the outcome of the
					 proceeding.
(g) The Hearing Officer
					 shall disqualify an interpreter if the interpreter cannot understand and
					 interpret the terms and procedures used in the hearing or prehearing
					 conference, has disclosed privileged or confidential communications, or has
					 engaged in conduct which, in the judgment of the Hearing Officer, creates an
					 appearance of bias, prejudice, or partiality.
(h) Nothing in this section limits any
					 further rights extended by Evidence Code section
					 754 to a
					 Party or witness who is deaf or hard of hearing.
1. New
						section filed 1-15-2002; operative 1-15-2002 pursuant to Government Code
						section
						11343.4
						(Register 2002, No. 3).
Note: Authority cited: Sections
						  55,
						  59,
						  1742(b)
						  and
						  1773.5, Labor
						  Code. Reference: Section
						  754,
						  Evidence Code; Sections
						  11435.05-
						  11435.65
						  and
						  68560-
						  68566,
						  Government Code; and Section
						  1742(b),
						  Labor Code.