Rule 616
Foreign Language Interpreters
Services of Foreign Language Interpreters Required.
When a person who does not speak or understand the
English language is called to testify in a hearing, other than in an
informal hearing conducted pursuant to
N.C. Gen. Stat.
§97-18.1, the person, whether a party or a witness, shall be assisted by
a qualified foreign language interpreter.
Qualifications of Interpreters.
To qualify as a foreign language interpreter, a person
must possess sufficient experience and education, or a combination of
experience and education, speaking and understanding English and the foreign
language to be interpreted, to qualify as an expert witness pursuant to
N.C. Gen. Stat.
§1C-1, Rule 702. A person qualified as an interpreter under this Rule
shall not be interested in the claim and must make a declaration under oath
or affirmation to interpret accurately, truthfully and without any additions
or deletions, all questions propounded to the witness and all responses
thereto.
Notice to Industrial Commission and Opposing Party of Need for Interpreter.
Any party who is unable to speak or understand English,
or who intends to call as a witness a person who is unable to speak or
understand English, shall so notify the Industrial Commission and the
opposing party, in writing, not less than 21 days prior to the date of the
hearing. The notice shall state with specificity the language(s) that must
be interpreted for the Commission.
Designation of Interpreter.
Upon receiving or giving the notice required in
paragraph (3) of this Rule, the employer or insurer shall
retain a qualified, disinterested interpreter, either agreed upon by the
parties or approved by the Industrial Commission, to appear at
the hearing and interpret the testimony of all persons for whom the notice
in paragraph (3) has been given or received.
Interpreter Fees.
The interpreter’s fee shall constitute a cost as
contemplated by
N.C. Gen. Stat. §97-80. A qualified interpreter who interprets testimony
for the Industrial Commission shall be entitled to payment of the fee agreed
upon by the interpreter and employer or insurer that retained the
interpreter. Except in cases where a claim for compensation has been
prosecuted without reasonable ground, the fee agreed upon by the interpreter
and employer or insurer shall be paid by the employer or insurer. Where it
is ultimately determined by the Commission that the request for an
interpreter was unfounded, attendant costs may be assessed against the
movant.
Interpreter Ethics.
Foreign language interpreters shall abide by the code of ethical conduct for court interpreters promulgated by the North Carolina Administrative Office of the Courts and adopted by the Industrial Commission and shall interpret as word for word as is practicable, without editing, commenting, or summarizing, testimony or other communications.
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