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As used in this section, “interpreter” means an interpreter as defined in § 25-15-102.
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A person who cannot speak or understand the English language or who because of hearing, speaking, or other impairment has difficulty in communicating with other persons and who is a party to a civil proceeding or a witness in a civil proceeding is entitled to an interpreter to assist that person throughout the proceeding.
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An interpreter may be retained by the party or witness himself or herself or, if the person is unable to pay for an interpreter, may be appointed by the administrative board or agency before which the proceeding is pending.
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If an interpreter is appointed by the board or agency, the fee for the services of the interpreter shall be set by the board or agency and be paid from funds available to the board or agency or be paid in any other manner ordered by the board or agency.
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An administrative agency may inquire into the qualifications and integrity of an interpreter and may disqualify any person for cause from serving as an interpreter.
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An interpreter for another person who is either a party or a witness in an administrative proceeding under this section shall take the following oath:
“Do you solemnly swear (or affirm) that you will justly, truly, and impartially interpret to
the oath about to be administered to him (her), and the questions which may be asked him (her), and the answers that he (she) shall give to such questions, relative to the cause now under consideration before this board (agency), so help you God (or under the pains and penalties of perjury)?”
History.
Acts 1973, No. 555, § 1; A.S.A. 1947, § 5-715; Acts 2013, No. 1314, § 4.
Amendments.
The 2013 amendment inserted (a) and redesignated former (a) through (d) as (b) through (e); in present (b), substituted “to a civil proceeding” for “in any administrative proceeding” and “in a civil proceeding is” for “therein, shall be”; and made stylistic changes to the section.
Notes of Decisions
Oliver v. Pulaski Cnty. Circuit Court, 13 S.W.3d 156 (Ark. 2000).
· cites it 4× “Instead, the legislature required that all appeals from the Board be reviewed pursuant to the Arkansas Administrative Procedures Act ("APA"), codified at Ark.Code Ann. § 25-15-101 et seq. Based upon this change in the law, the Board argued to the circuit court that the circuit…”
Arkansas Dep't of Health & Human Servs. v. Smith, 262 S.W.3d 167 (Ark. 2007).
· cites it 2× “) Should the applicant then still disagree with DHHS’s determinations, at that point, the applicant may seek judicial review under the Administrative Procedure Act, Ark. Code Ann. § 25-15-101 et seq. (Repl.”
Ford v. Arkansas Game & Fish Comm'n, 979 S.W.2d 897 (Ark. 1998).
· cites it 2× “Moreover, we do not, at this time, render any ruling as to whether the Game and Fish Commission is legally bound by the terms of the Administrative Procedures Act, Ark. Code Ann. §§ 25-15-101 to 214 (Repl.”
Steven D. Mitchell v. Sex Offender Assessment Comm., 2020 Ark. App. 261, 600 S.W.3d 648.
“Mitchell’s appeal is made pursuant to, and governed by, provisions of the APA, Arkansas Code Annotated sections 25-15-101 et seq., and the Sex Offender Registration Act, Arkansas Code Annotated section 12-12-901 (Supp.”
Tissing v. Arkansas Depatment of Human Servs., 2009 Ark. 166, 303 S.W.3d 446.
· cites it 2× “On appeal, Appellant argues that her appeal was dismissed in error because she was not required to comply with Rule 4, where this was an appeal to circuit court from an agency decision pursuant to the Administrative Procedure Act, codified at Ark. Code Ann. §§ 25-15-101 to -218…”
Stephen C. Webb v. Sex Offender Assessement Comm., 2021 Ark. App. 44, 615 S.W.3d 771.
· cites it 2× “Standard of Review and Applicable Law In a recent case addressing a sex offender’s appeal of a community-notification-level assignment, this court stated, Mitchell’s appeal is made pursuant to, and governed by, provisions of the APA, Arkansas Code Annotated section 25-15-101 et…”
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