Language Assistance in Administrative Adjudications

California’s Government Code, in Title 2, Division 3, Part 1, Chapter 4.5, Article 8, specifies language assistance in administrative adjudications.  Section 11435.05 defines the term “language assistance” to mean 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.

Section 11435.15 requires the following 25 state agencies to provide language assistance in adjudicative proceedings to the extent provided in this article:

Agricultural Labor Relations Board.

State Department of Alcohol and Drug Programs.

State Athletic Commission.

California Unemployment Insurance Appeals Board.

Board of Parole Hearings.

State Board of Barbering and Cosmetology.

State Department of Developmental Services.

Public Employment Relations Board.

Franchise Tax Board.

State Department of Health Care Services.

Department of Housing and Community Development.

Department of Industrial Relations.

State Department of State Hospitals.

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.

Division of Juvenile Justice.

Division of Juvenile Parole Operations.

Department of Insurance.

State Personnel Board.

California Board of Podiatric Medicine.

Board of Psychology.

Any state agency may elect to adopt any of the procedures in this article. Also, an agency may provide an interpreter during a proceeding to which this chapter does not apply.

Section 11435.20 requires the hearing, or any medical examination conducted for the purpose of determining compensation or monetary award, to be conducted in English. 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 is required to provide the party or witness an interpreter.

Section 11435.25 requires the cost of providing an interpreter under this article to 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. The presiding officer’s decision to direct payment must be based upon an equitable consideration of all the circumstances in each case. There is an exception for workers’ compensation claims.

Section 11435.30 requires the State Personnel Boards to 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. A separate system is to be established for workers’ compensation claims.

Section 11435.35 requires the State Personnel Boad to 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. A separate system is to be established for workers’ compensation claims.

Section 11435.40 requires the Department of Human Services to designate the languages for which certification must be established. The languages designated include, but not be limited to, Spanish, Tagalog, Arabic, Cantonese, Japanese, Korean, Portuguese, and Vietnamese until the Department of Human Resources finds that there is an insufficient need for interpreting assistance in these languages. The language designations are based on four specified requirements.

Section 11435.45 requires the Department of Human Services to 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.

Section 11435.50 allows the Department of Human Resources to remove the name of a person from the list of certified interpreters if any of three specified conditions occur.

Section 11435.55 requires an interpreter used in a hearing to be certified. However, if an interpreter certified cannot be present at the hearing, the hearing agency has discretionary authority to provisionally qualify and use another interpreter.

Section 11435.60 requires every agency subject to the language assistance requirement of this article to 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 must also be encouraged to give timely notice to the agency conducting the hearing or medical examination so that appropriate arrangements can be made.

Section 11435.65 provides that the rules of confidentiality of the agency, if any, that apply in an adjudicative proceeding apply to any interpreter in the hearing or medical examination, whether or not the rules so state. Also, the interpreter cannot have had any involvement in the issues of the case prior to the hearing.