(1) The office of administrative hearings (OAH) must provide a qualified interpreter to assist any person at no charge who:
(a) Has limited-English-proficiency; and
(b) Is a party or witness in a hearing.
(2) OAH may hire or contract with persons to interpret at hearings.
(3) The following persons may not be used as interpreters at a hearing:
(a) A relative of any party;
(b) Health care authority (HCA) employees; or
(c) HCA authorized agents.
(4) The administrative law judge (ALJ) must determine, at the beginning of the hearing, if an interpreter can accurately interpret all communication for the person requesting the service. To do so, the ALJ considers the interpreter's:
(a) Ability to meet the needs of the person with hearing loss or limited-English-speaking person;
(b) Education, certification, and experience;
(c) Understanding of the basic vocabulary and procedures involved in the hearing; and
(d) Ability to be impartial.
(5) The parties or their representatives may question the interpreter's qualifications and ability to be impartial.
(6) If at any time before or during the hearing the interpreter does not provide accurate and effective communication, OAH must provide another interpreter.
[Statutory Authority: RCW
41.05.021 and
41.05.160. WSR 17-05-066, § 182-526-0135, filed 2/13/17, effective 3/16/17. Statutory Authority: 2011 1st sp.s. c 15 § 53, chapters
74.09,
34.05 RCW, and 10-08 WAC. WSR 13-02-007, § 182-526-0135, filed 12/19/12, effective 2/1/13.]