Bill Text: CA AB2493 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Workers' compensation: administrative hearings and

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-09-28 - Consideration of Governor's veto pending. [AB2493 Detail]

Download: California-2011-AB2493-Amended.html

---

BILL NUMBER: AB 2493	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 25, 2012

INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 24, 2012

   An act to amend Sections 11435.30 and 11435.35 of the Government
Code, relating to workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2493, as amended, Roger Hernández. Workers' compensation:
administrative hearings and medical examinations and treatments:
interpreters.
   Existing law requires certain state agencies, including the
Workers' Compensation Appeals Board, to provide language assistance
in adjudicative proceedings. Existing law requires the State
Personnel Board to establish, maintain, administer, and publish
annually for these purposes an updated list of certified
administrative hearing interpreters and medical examination
interpreters it has determined meet certain minimum standards.
   This bill would also authorize the Administrative Director of the
Division of Workers' Compensation or an independent organization
designated by the administrative director to establish, maintain,
administer, and publish annually an updated list of certified
administrative hearing interpreters it has determined meet certain
minimum standards, for purposes of administrative hearings and
medical examinations conducted in connection with  worker's
  workers   '  compensation and appeals to
the Worker's Compensation Appeals Board.  This bill would
require a reasonable fee to be collected from each interpreter
seeking certification, to cover the reasonable regulatory costs of
administering the program. This bill would require the administrative
director, if he or she elects not to administer the program, to
contract with an independent organization to conduct testing and to
certify the qualifications of administrative hearing and medical
examination interpreters. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11435.30 of the Government Code is amended to
read:
   11435.30.  (a) The State Personnel Board shall establish,
maintain, administer, and publish annually an updated list of
certified administrative hearing interpreters it has determined meet
the minimum standards in interpreting skills and linguistic abilities
in languages designated pursuant to Section 11435.40. Any
interpreter listed may be examined by each employing agency to
determine the interpreter's knowledge of the employing agency's
technical program terminology and procedures.
   (b) Court interpreters certified pursuant to Section 68562, and
interpreters listed on the State Personnel Board's recommended lists
of court and administrative hearing interpreters prior to July 1,
1993, shall be deemed certified for purposes of this section.
   (c)  (1)    In addition to the certification
procedure provided pursuant to subdivision (a), the Administrative
Director of the Division of Workers' Compensation or an independent
organization designated by the administrative director may establish,
maintain, administer, and publish annually an updated list of
certified administrative hearing interpreters it has determined meet
the minimum standards in interpreting skills and linguistic abilities
in languages designated pursuant to Section 11435.40, for purposes
of administrative hearings conducted pursuant to proceedings of the
Workers' Compensation Appeals Board. 
   (2) A fee, as determined by the administrative director, shall be
collected from each interpreter seeking certification. The fee shall
not exceed the reasonable regulatory costs of administering the
testing and certification program and of publishing the list of
certified administrative hearing interpreters on the Division of
Workers' Compensation Internet Web site. If the administrative
director chooses not to administer the testing and certification
program, the administrative director shall contract with one or more
independent organizations to conduct testing and to certify the
qualifications of administrative hearing interpreters. 
  SEC. 2.  Section 11435.35 of the Government Code is amended to
read:
   11435.35.  (a) The State Personnel Board shall establish,
maintain, administer, and publish annually, an updated list of
certified medical examination interpreters it has determined meet the
minimum standards in interpreting skills and linguistic abilities in
languages designated pursuant to Section 11435.40.
   (b) Court interpreters certified pursuant to Section 68562 and
administrative hearing interpreters certified pursuant to Section
11435.30 shall be deemed certified for purposes of this section.
   (c)  (1)   In addition to the certification
procedure provided pursuant to subdivision (a), the Administrative
Director of the Division of Workers' Compensation or an independent
organization designated by the administrative director may establish,
maintain, administer, and publish annually an updated list of
certified medical examination interpreters it has determined meet the
minimum standards in interpreting skills and linguistic abilities in
languages designated pursuant to Section 11435.40, for purposes of
medical examinations conducted pursuant to proceedings of the Workers'
Compensation Appeals Board, and medical examinations conducted
pursuant to Division 4 (commencing with Section 3200) of the Labor
Code. 
   (2) A fee, as determined by the administrative director, shall be
collected from each interpreter seeking certification. The fee shall
not exceed the reasonable regulatory costs of administering the
testing and certification program and of publishing the list of
certified medical examination interpreters on the Division of Workers'
Compensation Internet Web site. If the administrative director
chooses not to administer the testing and certification program, the
administrative director shall contract with one or more independent
organizations to conduct testing and to certify the qualifications of
medical examination interpreters.