(1) When a handicapped person is a party to a
contested case, the handicapped person is entitled to a qualified interpreter
to interpret the proceedings to the handicapped person and to interpret the
testimony of the handicapped person to the commission.
Except as provided in paragraph (b) of this subsection, the commission shall
appoint the qualified interpreter for the handicapped person; and the
commission shall fix and pay the fees and expenses of the qualified interpreter
(A) The handicapped person makes a
verified statement and provides the information in writing under oath showing
the inability of the handicapped person to obtain a qualified interpreter, and
provides any other information required by the commission concerning the
inability of the handicapped person to obtain such an interpreter;
(B) It appears to the
commission that the handicapped person is without means and is unable to obtain
a qualified interpreter.
(b) If the handicapped person knowingly and
voluntarily files with the commission a written statement that the handicapped
person does not desire a qualified interpreter to be appointed for the
handicapped person, the commission shall not appoint such an interpreter for
the handicapped person.
As used in this section:
(a) "Handicapped person" means a person who
cannot readily understand or communicate the English language, or cannot
understand the proceedings or a charge made against the handicapped person, or
is incapable of presenting or assisting in the presentation of the defense of
the handicapped person, because the handicapped person is deaf, or because the
handicapped person has a physical hearing impairment or physical speaking
interpreter" means a person who is readily able to communicate with the
handicapped person, translate the proceedings for the handicapped person, and
accurately repeat and translate the statements of the handicapped person to the
Or. Admin. R.
CRGC 1-1987 (Temp), f.
& ef. 9-10-87; CRGC 2-1987, f. 12-7-87, ef. 12-8-87; CRGC 3-1988(Temp), f.
11-17-88, cert. ef. 11-17-88 thru 2-13-89; CRGC 1-1989, f. 3-2-89, cert. ef.
3-7-89; CRGC 3-1989(Temp), f. 10-4-89, cert. ef. 10-4-89; CRGC 1-1990, f. &
cert. ef. 1-16-90; CRGC 2-1990, f. & cert. ef.
Stat. Auth.: ORS
Stats. Implemented: ORS
196.150; RCW 43.97.015; 16
U.S.C. § 544 et seq.