State Codes and Statutes

Statutes > California > Gov > 11435.05-11435.65

GOVERNMENT CODE
SECTION 11435.05-11435.65



11435.05.  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.


11435.10.  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.



11435.15.  (a) The following state agencies shall provide language
assistance in adjudicative proceedings to the extent provided in this
article:
   Agricultural Labor Relations Board
   Department of Alcohol and Drug Abuse
   State Athletic Commission
   California Unemployment Insurance Appeals Board
   Board of Prison Terms
   State Board of Barbering and Cosmetology
   State Department of Developmental Services
   Public Employment Relations Board
   Franchise Tax Board
   State Department of Health Services
   Department of Housing and Community Development
   Department of Industrial Relations
   State Department of Mental Health
   Department of Motor Vehicles
   Notary Public Section, Office of the Secretary of State
   Public Utilities Commission
   Office of Statewide Health Planning and Development
   State Department of Social Services
   Workers' Compensation Appeals Board
   Department of the Youth Authority
   Youthful Offender Parole Board
   Department of Insurance
   State Personnel Board
   California Board of Podiatric Medicine
   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.



11435.20.  (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.



11435.25.  (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.



11435.30.  (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.



11435.35.  (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.



11435.40.  (a) The State Personnel Board 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 State Personnel Board
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 board deems relevant.



11435.45.  (a) The State Personnel Board 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 board shall charge
and be reimbursed a pro rata share of the additional costs by the
state agencies that conduct administrative hearings.



11435.50.  The State Personnel Board 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 board that the person is unavailable
for work.
   (c) The person does not submit a renewal fee as required by
Section 11435.45.



11435.55.  (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.


11435.60.  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.



11435.65.  (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.

State Codes and Statutes

Statutes > California > Gov > 11435.05-11435.65

GOVERNMENT CODE
SECTION 11435.05-11435.65



11435.05.  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.


11435.10.  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.



11435.15.  (a) The following state agencies shall provide language
assistance in adjudicative proceedings to the extent provided in this
article:
   Agricultural Labor Relations Board
   Department of Alcohol and Drug Abuse
   State Athletic Commission
   California Unemployment Insurance Appeals Board
   Board of Prison Terms
   State Board of Barbering and Cosmetology
   State Department of Developmental Services
   Public Employment Relations Board
   Franchise Tax Board
   State Department of Health Services
   Department of Housing and Community Development
   Department of Industrial Relations
   State Department of Mental Health
   Department of Motor Vehicles
   Notary Public Section, Office of the Secretary of State
   Public Utilities Commission
   Office of Statewide Health Planning and Development
   State Department of Social Services
   Workers' Compensation Appeals Board
   Department of the Youth Authority
   Youthful Offender Parole Board
   Department of Insurance
   State Personnel Board
   California Board of Podiatric Medicine
   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.



11435.20.  (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.



11435.25.  (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.



11435.30.  (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.



11435.35.  (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.



11435.40.  (a) The State Personnel Board 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 State Personnel Board
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 board deems relevant.



11435.45.  (a) The State Personnel Board 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 board shall charge
and be reimbursed a pro rata share of the additional costs by the
state agencies that conduct administrative hearings.



11435.50.  The State Personnel Board 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 board that the person is unavailable
for work.
   (c) The person does not submit a renewal fee as required by
Section 11435.45.



11435.55.  (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.


11435.60.  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.



11435.65.  (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.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Gov > 11435.05-11435.65

GOVERNMENT CODE
SECTION 11435.05-11435.65



11435.05.  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.


11435.10.  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.



11435.15.  (a) The following state agencies shall provide language
assistance in adjudicative proceedings to the extent provided in this
article:
   Agricultural Labor Relations Board
   Department of Alcohol and Drug Abuse
   State Athletic Commission
   California Unemployment Insurance Appeals Board
   Board of Prison Terms
   State Board of Barbering and Cosmetology
   State Department of Developmental Services
   Public Employment Relations Board
   Franchise Tax Board
   State Department of Health Services
   Department of Housing and Community Development
   Department of Industrial Relations
   State Department of Mental Health
   Department of Motor Vehicles
   Notary Public Section, Office of the Secretary of State
   Public Utilities Commission
   Office of Statewide Health Planning and Development
   State Department of Social Services
   Workers' Compensation Appeals Board
   Department of the Youth Authority
   Youthful Offender Parole Board
   Department of Insurance
   State Personnel Board
   California Board of Podiatric Medicine
   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.



11435.20.  (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.



11435.25.  (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.



11435.30.  (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.



11435.35.  (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.



11435.40.  (a) The State Personnel Board 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 State Personnel Board
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 board deems relevant.



11435.45.  (a) The State Personnel Board 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 board shall charge
and be reimbursed a pro rata share of the additional costs by the
state agencies that conduct administrative hearings.



11435.50.  The State Personnel Board 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 board that the person is unavailable
for work.
   (c) The person does not submit a renewal fee as required by
Section 11435.45.



11435.55.  (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.


11435.60.  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.



11435.65.  (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.