SECTION 357.21. Interpreters in Fair Hearings

(a) Determining the Need for Interpreters.

(1) The hearings officer informs the appellant on the record that he will be provided an interpreter at no cost if the appellant can show that the appellant or required participants are not able to participate in the hearing due to a communication barrier.

(2) No interpreter is required if the hearings officer determines that all participants are sufficiently able to communicate so that no barrier is present.

(3) The basis of the hearings officer's decision will be stated on the record.

(b) Types of Interpreters.

(1) Spanish/English--HHSC Appeals Division uses a certified interpreter;

(2) Other Spoken languages--HHSC Appeals Division makes every effort to use the most qualified interpreter for a person with limited English proficiency whose native language is not English or Spanish;

(3) Sign Language--HHSC Appeals Division provides a qualified sign language interpreter for a person who is hearing impaired and requests the service; and

(4) Other Methods of Interpretation--If required by the circumstances, the HHSC Appeals Division will arrange to provide other assistance in accordance with Commission policy.

(c) Effectiveness of Interpretation. If a party or authorized representative, during a fair hearing, makes a legitimate objection concerning the interpretation by an interpreter, the hearings officer:

(1) informs the authorized representative and the appellant of the right to request that the case be reheard;

(2) addresses the objection or complaint concerning the quality of the interpretation, including a request to rehear the case;

(3) finishes the hearing with the original interpreter; or

(4) provides a new interpreter at a later date.

Source Note: The provisions of this §357.21 adopted to be effective June 29, 2009, 34 TexReg 4292