Chapter 521-A: Interpreters for the Deaf

As used in this chapter the following terms shall have the following meanings:

I. "Appointing authority" means the presiding justice of any court, the chairman of any board, commission or authority, and the director or commissioner of any department or agency, or any other person presiding at any hearing or other proceeding wherein a qualified interpreter is required pursuant to this chapter.

II. "Deaf person" means any person whose hearing is so impaired as to seriously prohibit the person from processing linguistic information through hearing, with or without amplification, so as to require the use of an interpreter. This includes, but is not limited to, persons who are deaf, deaf and blind, or severely hard of hearing.

III. "Principal party in interest" means a person in any proceeding in which he is a named party or a person with respect to whom the decision or action which may be taken in any proceeding directly affects.

IV. "Qualified interpreter" means an interpreter licensed under RSA 326-I.

At all stages of any proceeding before any court, department, board, commission, agency or licensing authority of the state; any political subdivision of the state; or any department, board, commission, agency or licensing authority of a political subdivision in which a deaf person is a principal party in interest the appointing authority shall appoint, upon request of the deaf principal, a qualified interpreter to interpret or to translate the proceedings to the deaf person and to interpret or translate his testimony.

Whenever a deaf person is arrested for any alleged violation of criminal law where the penalty may include imprisonment or fine in excess of $100 or both, no attempt to interrogate or take a statement from such person shall be permitted until a qualified interpreter is appointed for said person and then only through the use of such interpreter.

No qualified interpreter shall be appointed in any case until the appointing authority makes a preliminary determination that the qualified interpreter is able to accurately communicate with and translate information to and from the deaf person involved in the case.

Whenever any deaf person is a party to or receiving services from any health, welfare, or educational agency under the authority of the state or political subdivision of the state or municipality, the appointing authority shall appoint a qualified interpreter for the deaf to interpret or translate the actions of any personnel providing such service and to assist the deaf person in communicating with each person.

Every deaf person whose appearance before a proceeding entitles him to an interpreter shall notify the appointing authority of his disability prior to any appearance and shall request at such time the services of an interpreter. An appointing authority may require a person requesting the appointment of an interpreter to furnish reasonable proof of his disability when the appointing authority has reason to believe that the person is not so disabled.

Whenever a deaf person is interested in any administrative or judicial proceeding in which an interpreter would be required for a principal party in interest, he shall be entitled to utilize an interpreter to translate the proceeding for him and to assist him in presenting his testimony or comment.

Every interpreter appointed pursuant to the provisions of this chapter, before entering upon his duties, shall take oath that he will make a true interpretation in an understandable manner to the person for whom he is appointed and that he will repeat the statements of such person in the English language to the best of his skill and judgment.

Whenever a deaf person communicates through an interpreter to any person under such circumstances that the communication would be privileged and said person could not be compelled to testify as to the communications, said privilege shall apply to the interpreter as well.

A qualified interpreter appointed under this chapter shall be reimbursed by the appointing authority at a fixed rate reflecting the most recent fee schedule approved by the department of education, bureau of vocational rehabilitation. Nothing in this section shall be construed to prohibit any state department, board, commission, agency, or appointing authority, or any political subdivision of the state from employing a qualified interpreter on a full-time basis or under contract at a mutually agreed upon compensation rate.