Washington Administrative Code

A party must make the review request in writing and send it to BOA. The party should identify the:(1) Parts of the initial order with which the party disagrees; and(2) Evidence supporting the party's position.[Statutory Authority: RCW 34.05.020, 34.05.220. WSR 11-04-074, § 388-02…

(1) BOA must receive the written review request on or before 5:00 p.m. on the twenty-first calendar day after the initial order was mailed. A party may submit the review request by facsimile transmission (fax). A copy of the review request should also be mailed to the BOA.(2) A r…

(1) A party must send the request for review of the initial order to BOA at the address given in WAC 388-02-0030. A party should also send a copy of the review request to the other parties.(2) After receiving a party's review request, BOA sends a copy to the other parties, their …

(1) A party does not have to respond to the review request. A response is optional.(2) If a party decides to respond, that party must send the response so that BOA receives it on or before the seventh business day after the date the other party's review request was mailed to the …

(1) After the response deadline, the record on review is closed unless there is a good reason to keep it open.(2) A review judge is assigned to review the initial order after the record is closed. To find out which judge is assigned, call BOA.(3) After the record is closed, the a…

(1) Review judges review initial orders and enter final orders. The review judge has the same decision-making authority as the ALJ. The review judge considers the entire record and decides the case de novo (anew). In reviewing findings of fact, the review judge must give due rega…

(1) If a party does not agree with the final order and wants it reconsidered, the party must:(a) Ask the ALJ to reconsider the decision, if the final order was entered by an ALJ; or(b) Ask the review judge to reconsider the decision, if the final order was entered by a review jud…

(1) Reconsideration is:(a) Asking an ALJ to reconsider a final order entered by the ALJ because the party believes the ALJ made a mistake; and(b) Asking a review judge to reconsider a final order entered by a review judge because the party believes the review judge made a mistake…

The party must make the request in writing and clearly state why the party wants the final order reconsidered.[Statutory Authority: RCW 34.05.020, chapter 34.05 RCW, Parts IV and V, 2002 c 371 § 211. WSR 02-21-061, § 388-02-0615, filed 10/15/02, effective 11/15/02. Statutory Auth…

(1) If OAH entered the final order, OAH must receive a written reconsideration request on or before the tenth calendar day after the final order was mailed.(2) If BOA entered the final order, BOA must receive a written reconsideration request on or before the tenth calendar day a…

(1) A party must send a written reconsideration request to OAH, if OAH entered the final order, or to BOA, if BOA entered the final order.(2) After receiving a reconsideration request, OAH or BOA sends a copy to the other parties and representatives giving them time to respond.[S…

(1) A party does not have to respond to a request. A response is optional. (2) If a party responds, that party must send a response to OAH, if OAH entered the final order, or to BOA, if BOA entered the final order, by or before the seventh business day after the date OAH or BOA m…

(1) After OAH or BOA receives a reconsideration request, an ALJ or review judge has twenty calendar days to send a reconsideration decision unless OAH or BOA sends notice allowing more time.(2) After OAH or BOA receives a reconsideration request, the ALJ or review judge must eith…

(1) Judicial review is the process of appealing a final order to a court.(2) You may appeal a final order by filing a written petition for judicial review that meets the requirements of RCW 34.05.546. DSHS may not request judicial review.(3) You must consult RCW 34.05.510 to 34.0…

(1) You must file your petition for judicial review with the superior court within thirty calendar days after OAH or BOA mails its final order.(2) Generally, you may file a petition for judicial review only after you have completed the administrative hearing process. However, you…

(1) You must file and serve the petition for judicial review of a final order within thirty days after the date it was mailed. You must file your petition for judicial review with the court. You must serve copies of your petition on DSHS, the office of the attorney general, and a…

These rules:(1) Establish the qualifications for department certified and authorized interpreters, translators, employees, and licensed agency personnel (LAPL); and(2) Establish the requirements and procedures for administering and evaluating the department's interpreter, transla…

Except where stated otherwise, these rules apply to any person who:(1) Seeks employment with the department as a bilingual employee;(2) Wishes to provide services to the department as a contracted interpreter or translator; or(3) Works for a nonDSHS county agency/program that con…

The following definitions are important to this chapter:"Authorized interpreter" means a person who has met the training and language examination requirements for screened languages."Certified/authorized bilingual employee" means a department employee who has passed a department …

The code of conduct is the professional standard established by the department for all interpreters, translators, and LAPL who provide language services to department programs and clients. Any violation of this code may disqualify a provider from providing those services. Specifi…

Language testing and certification (LTC) is the section within DSHS responsible for:(1) Establishing and publishing systems, methods, and procedures for certifying, screening and/or evaluating the interpretation and/or translation skills of employees, LAPL, interpreters and trans…

(1) Any department staff member serving in a bilingual capacity must pass a bilingual skills examination.(2) Any candidate seeking employment with the department in a position that requires bilingual skills must pass a bilingual skills examination.(3) Any employee of a non-DSHS c…

(1) For department employees, candidates for bilingual positions, and LAPL, you are considered certified or authorized once you have passed the required bilingual skills examination for your position cluster. Information regarding position clusters and their respective required e…

There are five ways that you may gain department recognition as an interpreter or translator without taking the department's certification examinations.(1) If you are certified as an interpreter by either the Washington state administrative office of the courts or the Administrat…

The department determines if your request is sufficiently documented (except for WAC 388-03-114 (1), (2) and (3)). It may request further proof of your qualification. In all cases, the department's decision regarding the sufficiency of your documentation is final.[Statutory Autho…

(1) All documents submitted to LTC in a foreign language must be accompanied by an accurate translation into English by a qualified translator other than the holder of the certificate.(2) Each translated document must bear the affidavit of the translator, sworn to before a notary…

When LTC receives your written request for recognition and the required documentation of your qualification, it will:(1) Process your request as expeditiously as possible; and(2) If approved, issue you a letter of recognition; or(3) If not approved, issue you a letter explaining …

(1) To enable contracted agencies and department programs to locate and contact certified and/or authorized interpreters and translators, the department maintains lists of certified interpreters, certified translators, and authorized interpreters.(2) These lists are published and…

(1) You are eligible to take any DSHS interpreter/translator certification or screening examination if you are eighteen years of age or older with a high school diploma (or GED) or higher academic degree(s), or its equivalent from another country, and:(a) Currently employed by DS…

(1) Certification examinations evaluate bilingual proficiency and interpretation/translation skills by comparing your proficiency and skills to minimum competency standards.(2) Minimum competency standards are determined by the nature of the work involved and by experienced pract…

(1) A screening examination is an examination administered by the department to candidates who wish to become "authorized interpreters." Authorized interpreters are individuals who speak a language or a dialect within a language that is not one of the certified languages.(2) The …

You must do the following:(1) Read the examination manual and other related information on the LTC website. The LTC website can be accessed from any private or public computer with internet access.(2) Follow the instructions on the LTC website to register for a test of your choic…

The pretest study package contains a study guide that includes sample test questions, sample oral exercises, a list of important terminology and the department's code of professional conduct.[Statutory Authority: RCW 74.04.025, 74.08.090, Title VI of the Civil Rights Act of 1964,…

Examination fees are listed in the examination manual on the LTC website.[Statutory Authority: RCW 74.04.025, 74.08.090, Title VI of the Civil Rights Act of 1964, and 45 C.F.R. Section 80.3 (b)(2). WSR 15-07-008, § 388-03-130, filed 3/6/15, effective 4/6/15. Statutory Authority: …

You may pay your examination fees with a credit card or debit card when you register from the LTC website.[Statutory Authority: RCW 74.04.025, 74.08.090, Title VI of the Civil Rights Act of 1964, and 45 C.F.R. Section 80.3 (b)(2). WSR 15-07-008, § 388-03-132, filed 3/6/15, effect…

(1) Examination fees are nonrefundable except in the following circumstances:(a) If an applicant dies before taking the examination, their examination fees are refundable to their estate; or(b) If you officially move out of Washington state before taking the examination, your exa…

(1) Normally, testing for all languages is conducted in eastern and western Washington. The number of test locations and the frequency of test sessions are determined on the basis of budgetary allotment for the testing program and varying language needs of the department.(2) Test…

(1) You may request a change in your test appointment date and time only if the request is made within ten calendar days from the date your confirmation letter is sent, otherwise LTC considers your test appointment "confirmed" and your examination fees will not be refunded.(2) Ex…

(1) The department has a "no-comment, no-return" examination policy. Once an examination is given, it becomes the property of the department and it will not be released to anyone, including test candidates. Such property includes the test booklet, answer sheets, oral test recordi…

If a test administrator concludes with reasonable evidence that a candidate cheated during an examination, the accused candidate may be declared ineligible indefinitely for all interpreter and translator certification/ authorization tests administered by the department. The candi…

If you are notified that you are ineligible to take any DSHS test because of cheating, you have the right to appeal the decision by using the adjudicative proceeding process in chapters 34.05 RCW and 388-02 WAC.[Statutory Authority: RCW 74.04.025, 74.08.090, Title VI of the Civil…

To request an adjudicative hearing, you must:(1) File a written application for hearing with the department's board of appeals within twenty-one days of receiving the department's decision to deny you from taking any DSHS test.(2) Your written application must include:(a) A copy …

(1) Depending on the nature of the test or test section, the department uses either an objective or a holistic scoring method to evaluate your examination.(2) Please consult the examination manual for the evaluation indicators used by the department for each test or subtest.[Stat…

Score report letters will be sent to candidates when they finish either portion (written or oral) of the test:(1) For an interpreter written test, your scores should be available within two to four weeks from the date you took the examination.(2) For an interpreter, employee, or …

If passed, your written test score is valid for two years from the date of your score report letter. If it has been more than two years since you passed your interpreter written test, you need to retake the written test and pass it before it can be applied toward your certificati…

You have two months, from the date your test score letter is sent, to appeal your test score. Note:(1) Your appeal must be submitted to the department's LTC program manager in writing.(2) Your appeal will not be honored if it is filed beyond the two-month appeal period.(3) You wi…

You can retake a failed examination until you pass it. Each time you retake the test you must pay an examination fee (except for DSHS bilingual staff tests).[Statutory Authority: RCW 74.04.025, 74.08.090, Title VI of the Civil Rights Act of 1964, and 45 C.F.R. Section 80.3 (b)(2)…

(1) If you have been certified or authorized as a department bilingual employee or LAPL, your status does not expire as long as you remain in a designated bilingual position within the position cluster for which you were certified/authorized. Otherwise:(a) If you moved out of a d…

Before your certification or authorization status expires, you need to submit proof of your CE credit hours, a signed oath to abide by the code of conduct, and a criminal background check by following the procedures on the LTC website. You should only report DSHS approved CE cred…

If you do not meet the requirements as specified under WAC 388-03-160, your certification or authorization status will expire after the expiration date on your certificate or authorization letter. Your name will be removed from the list of certified or authorized interpreters/tra…