California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 3.3 - Occupational Safety and Health Appeals Board › Article 4 - Hearing › Section 376.5 - Interpreters

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing and
				  prehearing conference shall be conducted in the English language. The Appeals
				  Board shall notify each party of the right to an interpreter at the time they
				  are notified of the date of the prehearing conference and of the hearing
				  date.
(b) A party who does not
				  proficiently speak or understand the English language or who requests an
				  interpreter shall be provided, during the hearing or prehearing conference, an
				  interpreter approved by the Appeals Board. A request for an interpreter shall
				  be made to the Appeals Board no later than 10 working days prior to the date
				  the interpreter is needed. The cost of providing the interpreter for a party
				  shall be paid by the party requesting the interpreter unless the Appeals Board
				  directs that the Appeals Board shall pay the cost of providing the interpreter
				  due to financial hardship of the requesting party.
(c) If a party's witness does not
				  proficiently speak or understand the English language, the terms and conditions
				  set forth in subsection (b) shall apply. The party presenting the witness may
				  request the Appeals Board to provide an interpreter under those terms and
				  conditions. The cost of providing the interpreter for a witness shall be paid
				  by the party presenting the witness unless the Appeals Board directs that the
				  Appeals Board shall pay the cost of providing the interpreter due to financial
				  hardship of that party.
(d)
				  Language assistance for a party or a party's witness includes oral
				  interpretation or written translation of a language other than English into
				  English or of English into another language, and provision of sign interpreters
				  for deaf or hard-of-hearing parties or persons.
(e) A person whose name appears on the list
				  of interpreters known to be proficient in various languages published by the
				  State Personnel Board shall be eligible to be examined by the Appeals Board
				  relating to terminology and procedures generally used in hearings before the
				  Appeals Board.
(f) In the event
				  that interpreters on the approved list cannot be present at the hearing or the
				  prehearing conference, or if there is no interpreter on the approved list for a
				  particular language, the Appeals Board may qualify and appoint other
				  interpreters.
(g) Before
				  appointment of an interpreter, the Appeals Board or a party may conduct a brief
				  supplemental examination of the prospective interpreter to see if the person
				  has the qualifications necessary to serve as an interpreter in the hearing or
				  prehearing conference and to see if the person understands terms and procedures
				  generally used in hearings and prehearing conferences before the Appeals Board,
				  can explain these terms and procedures in English and the other language being
				  used, and can interpret these terms and procedures into the other language. An
				  interpreter shall not have had any involvement in the issues of the proceeding
				  prior to the hearing or prehearing conference, and shall disclose to the
				  Appeals Board and to all parties any actual or apparent conflict of interest.
				  Any condition that interferes with the objectivity of an interpreter
				  constitutes a conflict of interest. A conflict may exist if an interpreter is
				  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.
(h) The Appeals Board shall disqualify an
				  interpreter if the interpreter cannot understand and interpret the terms and
				  procedures used in the hearing or prehearing conference, has engaged in conduct
				  creating the appearance of bias, prejudice, or partiality, or has disclosed
				  privileged or confidential communications.
1. Amendment
					 of subsection (b) filed 2-1-84; effective thirtieth day thereafter (Register
					 84, No. 5).
2. Change without regulatory effect of subsection (f)
					 filed 6-23-86; effective thirtieth day thereafter (Register 86, No.
					 26).
3. Amendment of subsections (b)-(d), (g) and NOTE filed
					 10-30-92; operative 11-30-92 (Register 92, No. 44).
4. Amendment of
					 section and NOTE filed 6-23-97; operative 7-1-97 (Register 97, No. 26). This
					 interim regulation is exempt from most of the procedural requirements of the
					 Administrative Procedure Act (specifically, from Articles 5 and 6 of Chapter
					 3.5, Division 3, Title 2, Government Code) and from review by the Office of
					 Administrative Law pursuant to Government Code sections
					 11400.20
					 and
					 11400.21
					 and will expire on December 31, 1998, unless earlier terminated or replaced by,
					 or readopted as, permanent following the procedures of the Administrative
					 Procedure Act.
5. Permanent adoption of amended section and NOTE
					 filed 7-11-97; operative 7-11-97 pursuant to Government Code section
					 11343.4(d)
					 (Register 97, No. 28).
6. Amendment of subsection (d) filed 8-16-99;
					 operative 9-15-99 (Register 99, No. 34).
Note: Authority cited: Sections
						148.7 and
						6603(a),
						Labor Code. Reference: Sections
						11435.15,
						11435.20,
						11435.25,
						11435.30(a),
						11435.55(a),
						11435.60
						and
						11435.65,
						Government Code; and Sections
						148.7,
						149.5 and
						6603(a),
						Labor Code.