78B-1-203.  Effectiveness of interpreter determined.

(1)  Before appointing an interpreter, the appointing authority shall make a preliminary determination, on the basis of the proficiency level established by the Utah State Office of Rehabilitation created in Section 35A-1-202 and on the basis of the deaf or hard of hearing person‘s testimony, that the interpreter is able to accurately communicate with and translate information to and from the hearing-impaired person involved.

Terms Used In Utah Code 78B-1-203

  • Appointing authority: means the presiding officer or similar official of any court, board, commission, authority, department, agency, legislative body, or of any proceeding of any nature where a qualified interpreter is required under this part. See Utah Code 78B-1-201
  • Person: means :Utah Code 68-3-12.5
  • Qualified interpreter: means a sign language or oral interpreter as provided in Sections 78B-1-203 and 78B-1-206 of this part. See Utah Code 78B-1-201
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2)  If the interpreter is not able to provide effective communication with the deaf or hard of hearing person, the appointing authority shall appoint another qualified interpreter.

Amended by Chapter 43, 2017 General Session