OAR 137-003-0037
Qualified Interpreters

(1)

For purposes of this rule:

(a)

An “assistive communication device” means any equipment designed to facilitate communication by an individual with a disability;

(b)

An “individual with a disability” means a person who cannot readily understand the proceedings because of deafness or a physical hearing impairment, or cannot communicate in the proceedings because of a physical speaking impairment;

(c)

A “non-English speaking” person means a person who, by reason of place of birth or culture, speaks a language other than English and does not speak English with adequate ability to communicate effectively in the proceedings;

(d)

A “qualified interpreter” means:

(A)

For an individual with a disability, a person readily able to communicate with the individual with a disability, interpret the proceedings and accurately repeat and interpret the statements of the individual with a disability to the presiding officer;

(B)

For a non-English speaking person, a person readily able to communicate with the non-English-speaking person and who can orally transfer the meaning of statements to and from English and the language spoken by the non-English speaking person. A qualified interpreter must be able to interpret in a manner that conserves the meaning, tone, level, style and register of the original statement, without additions or omissions. “Qualified interpreter” does not include a person who is unable to interpret the dialect, slang or specialized vocabulary used by the party or witness.

(2)

If an individual with a disability is a party or witness in a contested case hearing:

(a)

The presiding officer shall appoint a qualified interpreter and make available appropriate assistive communication devices whenever it is necessary to interpret the proceedings to, or to interpret the testimony of, the individual with a disability.

(b)

No fee shall be charged to the individual with a disability for the appointment of an interpreter or use of an assistive communication device. No fee shall be charged to any person for the appointment of an interpreter or the use of an assistive communication device if appointment or use is made to determine whether the person is disabled for purposes of this rule.

(3)

If a non-English speaking person is a party or witness in a contested case hearing:

(a)

The presiding officer shall appoint a qualified interpreter whenever it is necessary to interpret the proceedings to a non-English speaking party, to interpret the testimony of a non-English speaking party or witness, or to assist the presiding officer in performing the duties of the presiding officer.

(b)

No fee shall be charged to any person for the appointment of an interpreter to interpret the testimony of a non-English speaking party or witness, or to assist the presiding officer in performing the duties of the presiding officer. No fee shall be charged to a non-English speaking party who is unable to pay for the appointment of an interpreter to interpret the proceedings to the non-English speaking party. No fee shall be charged to any person for the appointment of an interpreter if an appointment is made to determine whether the person is unable to pay or non-English speaking for the purposes of this rule.

(c)

A non-English speaking party shall be considered unable to pay for an interpreter for purposes of this rule if:

(A)

The party makes a verified statement and provides other information in writing under oath showing financial inability to pay for a qualified interpreter and provides any other information required by the agency concerning the inability to pay for such an interpreter; and

(B)

It appears to the agency that the party is in fact unable to pay for a qualified interpreter.

(d)

The agency may delegate to the presiding officer the authority to determine whether the party is unable to pay for a qualified interpreter.

(4)

When an interpreter for an individual with a disability or a non-English speaking person is appointed or an assistive communication device is made available under this rule:

(a)

The presiding officer shall appoint a qualified interpreter who is certified under ORS 45.291 (Certification program) if one is available unless, upon request of a party or witness, the presiding officers deems it appropriate to appoint a qualified interpreted who is not so certified.

(b)

The presiding officer may not appoint any person as an interpreter if the person has a conflict of interest with any of the parties or witnesses, is unable to understand or cannot be understood by the presiding officer, party or witness, or is unable to work cooperatively with the presiding officer, the person in need of an interpreter or the representative for that person. If a party or witness is dissatisfied with the interpreter selected by the presiding officer, a substitute interpreter may be used as provided in ORS 45.275 (Appointment of interpreter for non-English-speaking party, witness or victim)(5).

(c)

If a party or witness is dissatisfied with the interpreter selected by the presiding officer, the party or witness may use any certified interpreter except that good cause must be shown for a substitution if the substitution will delay the proceeding.

(d)

Fair compensation for the services of an interpreter or the cost of an assistive communication device shall be paid by the agency except, when a substitute interpreter is used for reasons other than cause, the party requesting the substitute shall bear any additional costs beyond the amount required to pay the original interpreter.

(5)

The presiding officer shall require any interpreter for a person with a disability or a non-English speaking person to state the interpreter’s name on the record and whether he or she is certified under ORS 45.291 (Certification program). If the interpreter is not certified under 45.291 (Certification program), the interpreter must state or submit his or her qualifications on the record and must swear or affirm to make a true and impartial interpretation of the proceedings in an understandable manner using the interpreter’s best skills and judgment in accordance with the standards and ethics of the interpreter profession.

(6)

A person requesting an interpreter for a person with a disability or a non-English speaking person, or assistive listening device for an individual with a disability, must notify the agency or presiding officer as soon as possible, but no later than 14 calendar days before the proceeding, including the hearing or pre-hearing conference, for which the interpreter or device is requested.

(a)

For good cause shown, the agency or presiding officer may waive the 14-day advance notice.

(b)

Notification to the agency or presiding officer must include:

(A)

The name of the person needing a qualified interpreter or assistive communication device;

(B)

The person’s status as a party or a witness in the proceeding; and

(C)

If the request is in behalf of:
(i)
An individual with a disability, the nature and extent of the individual’s physical hearing or speaking impairment, and the type of aural interpreter, or assistive communication device needed or preferred; or
(ii)
A non-English speaking person, the language spoken by the non-English speaking person.

Source: Rule 137-003-0037 — Qualified Interpreters, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=137-003-0037.

137–003–0000
Applicability of Rules in OAR 137, Division 3 137–003–0001
Contested Case Notice 137–003–0002
Rights of Parties in Contested Cases 137–003–0003
Late Filing 137–003–0005
Participation as Party or Limited Party 137–003–0007
Agency Participation as Interested Agency or Party 137–003–0008
Authorized Representative in Designated Agencies 137–003–0010
Emergency License Suspension, Refusal to Renew 137–003–0015
Use of Collaborative Dispute Resolution in Contested Cases Hearing 137–003–0025
Discovery in Contested Cases Hearing 137–003–0035
Prehearing Conferences 137–003–0036
Individually Identifiable Health Information 137–003–0037
Qualified Interpreters 137–003–0040
Conducting Contested Case Hearing 137–003–0045
Telephone Hearings 137–003–0050
Evidentiary Rules 137–003–0055
Ex Parte Communications 137–003–0060
Proposed Orders in Contested Cases, Filing Exceptions 137–003–0070
Final Orders in Contested Cases 137–003–0075
Final Orders by Default 137–003–0080
Reconsideration and Rehearing — Contested Cases 137–003–0090
Stay Request 137–003–0091
Intervention in Stay Proceeding 137–003–0092
Stay Proceeding and Order 137–003–0501
Rules for Office of Administrative Hearings 137–003–0505
Contested Case Notice 137–003–0510
Rights of Parties in Contested Cases 137–003–0515
Agency Referral to Office of Administrative Hearings 137–003–0520
Filing and Providing Copies of Documents in Contested Case 137–003–0525
Scheduling Hearings 137–003–0528
Late Hearing Requests 137–003–0530
Late Filing and Amendment of Documents 137–003–0535
Participation as Party or Limited Party 137–003–0540
Agency Participation as Interested Agency or Party 137–003–0545
Representation of Agency by Attorney General or Agency Representative 137–003–0550
Representation of Parties 137–003–0555
Authorized Representative of Parties Before Designated Agencies 137–003–0560
Emergency License Suspension, Refusal to Renew 137–003–0565
Use of Collaborative Dispute Resolution in Contested Case Hearing 137–003–0566
Discovery in Contested Case Hearing — Methods 137–003–0567
Discovery in Contested Case Hearing — Standard 137–003–0568
Discovery in Contested Case Hearing — Procedure 137–003–0569
Discovery in Contested Case Hearing — Enforcement 137–003–0572
Depositions in Contested Cases 137–003–0573
Individually Identifiable Health Information 137–003–0575
Prehearing Conferences 137–003–0580
Motion for Summary Determination 137–003–0585
Subpoenas 137–003–0590
Qualified Interpreters 137–003–0595
Public Attendance 137–003–0600
Conducting the Contested Case Hearing 137–003–0605
Telephone Hearings 137–003–0610
Evidentiary Rules 137–003–0615
Judicial Notice and Official Notice of Facts 137–003–0625
Ex Parte Communications with Administrative Law Judge 137–003–0630
Motions 137–003–0635
Transmittal of Questions to the Agency 137–003–0640
Immediate Review by Chief Administrative Law Judge 137–003–0645
Proposed Orders in Contested Cases 137–003–0650
Exceptions to Proposed Order 137–003–0655
Further Hearing and Issuance of Final Order 137–003–0660
Ex Parte Communications to Agency during Review of Contested Case 137–003–0665
Final Orders in Contested Cases 137–003–0670
Default in Cases Involving a Notice of Proposed Action that Does Not Become Final Without a Hearing or Default 137–003–0672
Default in Cases Involving an Agency Order that May Become Final Without a Request for Hearing 137–003–0675
Reconsideration and Rehearing — Contested Cases 137–003–0690
Stay Request — Contested Case 137–003–0695
Intervention in Stay Proceeding 137–003–0700
Stay Proceeding and Order
Last Updated

Jun. 8, 2021

Rule 137-003-0037’s source at or​.us