1. (a) The Notice of Hearing shall also include notice of a party's right to request an interpreter for a party or witness who cannot speak or understand English, who has limited English proficiency, or who is deaf or hard of hearing as defined under Evidence Code section 754.
2. (b) A request for an interpreter shall be submitted to the CHO at least 14 days before the hearing commences. The request shall include sufficient information to enable the CHO to obtain an interpreter with appropriate skills.

3. (c) The Department shall pay the cost of providing an interpreter unless the Department files a motion establishing that another party is required to pay interpretation costs based on equitable considerations. Those considerations include:

   1. (1) The ability of the party who requested the interpreter to pay interpretation costs.
   2. (2) A party's default at a hearing in which that party requested an interpreter.
   3. (3) A party's request to withdraw a case or continue a hearing date less than two business days before the hearing in which that party requested an interpreter.
4. (d) An interpreter used at a hearing shall not have any interest in the case.

5. (e) An interpreter at a hearing shall be sworn by oath or affirmation to perform their duties truthfully. The oath or affirmation shall be substantially similar to the following:

   “Do you swear or affirm that, to the best of your skill and judgment, you will make a true interpretation of the questions asked and the answers given and that you will make a true translation of any documents that require translation?”

Note: Authority cited: Section 11400.20, Government Code; and Sections 14536 and 40502, Public Resources Code. Reference: Sections 11400.20, 11425.10, 11435.05, 11435.10, 11435.15, 11435.25, 11435.60 and 11435.65, Government Code.

History

1. New section filed 5-12-2026; operative 7-1-2026 (Register 2026, No. 20).