246-10-121  <<  246-10-122 >>   246-10-123

WAC 246-10-122


(1) A "hearing impaired person" means a person who, because of a hearing impairment or speech defect, cannot readily understand or communicate in spoken language. A "hearing impaired person" includes a person who is deaf, deaf and blind, or hard of hearing.
(2) A "limited-English-speaking person" means a person who because of a non-English-speaking cultural background cannot readily speak or understand the English language.
(3) If a hearing impaired person or a limited-English-speaking person is involved in an adjudicative proceeding and a need for an interpreter is made known to the adjudicative clerk office, the presiding officer shall appoint an interpreter who is acceptable to the parties or, if the parties are unable to agree on an interpreter, the presiding officer shall select and appoint an interpreter.
(4) Before beginning to interpret, an interpreter shall take an oath or make affirmation that:
(a) A true interpretation shall be made to the impaired person of all the proceedings in a language or in a manner the impaired person understands; and
(b) The interpreter shall repeat the statements of the impaired person to the presiding officer, in the English language, to the best of the interpreter's skill and judgment.
(5) When an interpreter is used in a proceeding:
(a) The interpreter shall translate all statements made by other participants in the proceeding;
(b) The presiding officer shall ensure sufficient extra time is provided to permit translation; and
(c) The presiding officer shall ensure that the interpreter translates the entire proceeding to the hearing impaired person or limited-English-speaking person to the extent that the person has the same opportunity to understand the statements made as would a person not requiring an interpreter.
(6) An interpreter appointed under this section shall be entitled to a reasonable fee for services, including waiting time and reimbursement for actual necessary travel expenses. The program shall pay the interpreter fee and expenses incurred for interpreters for license holders, applicants, or recipients of benefits. The party on whose behalf a witness requiring an interpreter appears shall pay for interpreter services for that witness.
(7) All proceedings shall be conducted consistent with chapters 2.42 and 2.43 RCW.
[Statutory Authority: RCW 18.155.040. WSR 97-12-089, § 246-10-122, filed 6/4/97, effective 7/5/97. Statutory Authority: RCW 43.70.040. WSR 93-13-005 (Order 369), § 246-10-122, filed 6/3/93, effective 7/4/93.]
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