North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0600 - CLAIMS ADMINISTRATION AND PROCEDURES › Section 23A .0619 - FOREIGN LANGUAGE AND SIGN LANGUAGE INTERPRETERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When a
				  person who does not speak or understand the English language or who is speech
				  or hearing impaired is either called to testify in a hearing, other than in an
				  informal hearing conducted pursuant to
				  G.S.
				  97-18.1, or appears unrepresented before the
				  Full Commission for an oral argument, the person, whether a party or a witness,
				  shall be assisted by a qualified interpreter upon request. For purposes of this
				  Rule, "language" means foreign language or sign language.
(b) To qualify as a foreign language
				  interpreter, a person shall possess sufficient experience and education, or a
				  combination of experience and education, speaking and understanding English and
				  the foreign language to be interpreted, to qualify as an expert witness
				  pursuant to
				  G.S.
				  8C-1, Rule 702. For Spanish language
				  interpretation, the interpreter must be "Level A" certified by the North
				  Carolina Administrative Office of the Courts. A person qualified as an
				  interpreter under this Rule shall not be interested in the claim and shall make
				  a declaration under oath or affirmation to interpret accurately and truthfully,
				  meaning without any additions or deletions, all questions propounded to the
				  witness and all responses thereto.
(c) To qualify as a sign language
				  interpreter, a person shall possess a license from the North Carolina
				  Interpreter and Transliterator Licensing Board, under Chapter 90D of the North
				  Carolina General Statutes.
(d) Any
				  party who is unable to speak or understand English, or who is speech or hearing
				  impaired, or who intends to call as a witness a person who is unable to speak
				  or understand English or who is speech or hearing impaired, shall so notify the
				  Commission and the opposing party, in writing, not less than 21 days prior to
				  the date of the hearing. The notice shall state the language(s) that shall be
				  interpreted for the Commission.
(e)
				  Upon receiving or giving the notice required in Paragraph (d) of this Rule, the
				  employer or insurer shall retain an interpreter who possesses the
				  qualifications listed in Paragraph (b) or (c) of this Rule to appear at the
				  hearing and interpret the testimony or oral argument of all persons for whom
				  the notice in Paragraph (d) of this Rule has been given or received.
(f) The interpreter's fee shall constitute a
				  cost as set forth in
				  G.S.
				  97-80. A qualified interpreter who interprets
				  testimony or oral argument for the Commission is entitled to payment of the fee
				  agreed upon by the interpreter and employer or insurer that retained the
				  interpreter. Except in cases where a claim for compensation has been prosecuted
				  without reasonable ground, the fee agreed upon by the interpreter and employer
				  or insurer shall be paid by the employer or insurer. When the Commission
				  ultimately determines that the request for an interpreter was unfounded,
				  attendant costs shall be assessed against the movant.
(g) Foreign language interpreters shall abide
				  by the Code of Ethics and Professional Conduct for Court Interpreters,
				  contained in Section 11 of Standards for Language Access Services, North
				  Carolina Judicial Branch and promulgated by the North Carolina Administrative
				  Office of the Courts, and shall interpret, as word for word as is practicable,
				  without editing, commenting, or summarizing, testimony or other communications.
				  The Code of Ethics and Professional Conduct for Court Interpreters is hereby
				  incorporated by reference and includes subsequent amendments and editions. A
				  copy may be obtained at no charge from the North Carolina Administrative Office
				  of the Court's website,
https://www.nccourts.gov/assets/inline-files/02_2_NC_Standards_for_Language_Access_0.pdf?NhuszCAEVfS8KkdLetH97b9I4NRBcd.f
,
				  or upon request, at the offices of the Commission, located in the Dobbs
				  Building, 430 North Salisbury Street, Raleigh, North Carolina, 27603, between
				  the hours of 8:00 a.m. and 5:00 p.m.
(h) Sign language interpreters shall
				  interpret, as word for word as is practicable, without editing, commenting, or
				  summarizing, testimony or other communications. Sign language interpreters
				  shall abide by the ethical standards communicated in the training required by
				  G.S.
				  90D-8.
Authority
					 G.S.
					 97-79(b);
					 97-80(a);
Eff. November 1, 2014;
Recodified from
					 04 NCAC
					 10A .0619 Eff. June 1, 2018;
Amended Eff. April 1, 2020; January 1, 2019.