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| Home > Statutes > USA New Jersey |
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USA Statutes : new_jersey
Title : TITLE 34 LABOR AND WORKMENS COMPENSATION
Chapter : 34:1-69
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34:1-69. No fees permitted
No compensation shall be charged or received, directly or indirectly, for any service performed pursuant to sections 34:1-59 to 34:1-68 of this title from any person applying for employment or desiring an employee.
34:1-69.1. Division of the deaf
There is hereby created in the Department of Labor and Industry a division to be devoted to the interests of the deaf.
L.1941, c. 197, p. 586, s. 1. Amended by L.1977, c. 166, s. 2, eff. July 31, 1977.
34:1-69.1a. Advisory Council on the Deaf and Hard of Hearing; membership; terms; compensation; vacancies
8. a. There shall be within the Division of the Deaf and Hard of Hearing an Advisory Council on the Deaf and Hard of Hearing which shall consist of 18 members. One representative from each of the following shall be ex-officio members: Department of Education, Department of Health, Department of Human Services, Division of Vocational Rehabilitation Services in the Department of Labor, Commission on Higher Education and the Marie Katzenbach School for the Deaf. Twelve members shall be appointed by the Governor: one shall be a business person selected from a list of candidates supplied by the New Jersey State Chamber of Commerce, one lay citizen born of deaf parents, five citizens who are deaf, two of whom shall be chosen from the professions and three to be lay persons, and five citizens who are hard of hearing. In considering the appointment of the five citizens who are deaf the Governor shall give appropriate consideration to persons recommended by profoundly deaf adults represented by the New Jersey Association of the Deaf, Incorporated. In considering the appointment of the five citizens who are hard of hearing, the Governor shall give appropriate consideration to persons recommended by hard of hearing adults represented by the organization, Self Help for Hard of Hearing People, Inc. Each appointive member shall serve for a term of three years and until his successor is appointed and qualifies, except that of the members first appointed the Governor shall designate the appointee@s terms so that two shall be appointed for terms of one year, two for terms of two years and three for terms of three years.
b. Members of the Advisory Council on the Deaf and Hard of Hearing shall serve without compensation but shall be entitled to reimbursement for expenses incurred in performance of their duties. Vacancies on the council shall be filled for the unexpired term. Members may be removed by the Governor for cause.
.1977,c.166,s.8; amended 1995,c.168,s.1.
34:1-69.2. Director of the division of the deaf
The Commissioner of Labor and Industry shall appoint a competent person to have charge of such Division of the Deaf, who shall be fully conversant with the sign language of the deaf as ascertained by at least three certified members of the New Jersey Registry of Interpreters for the Deaf; such appointee to be known as Director of the Division of the Deaf, and to be subject to the regular rules and regulations of the Department of Labor and Industry. The director shall be appointed without regard to the provisions of Title 11 (Civil Service) of the Revised Statutes and shall serve at the pleasure of the Commissioner of Labor and Industry.
L.1941, c. 197, p. 586, s. 2. Amended by L.1977, c. 166, s. 3, eff. July 31, 1977; L.1978, c. 173, s. 1, eff. Dec. 28, 1978.
34:1-69.3. Duties of director
The director of such division shall collect and tabulate statistics pertaining to the deaf, their employment and welfare; shall ascertain primarily by annual review of the New Jersey job market, by reference to occupational information publications of the United States Department of Labor as well as other sources herein identified what trades or occupations are most suitable for them; shall arrange for Statewide vocational retraining when necessary; shall endeavor to create new fields of employment to which they may adapt themselves, and to place them in such various lines of employment; investigate may file a complaint with the Division on Civil Rights on behalf of any deaf persons and assist them in any subsequent proceedings involving any, and all acts of discrimination against them by specific employers, industries, corporations or organizations with whom they may seek employment including the State and shall use his best efforts for the general welfare of all the deaf within the State. He shall develop field contacts to increase the employability of deaf persons and seek the cooperation of all State departments, officers and State agencies and minor governmental bodies to the end that deaf persons may be employed in such capacities in the government of the State, or any subdivision thereof, as they may fill as efficiently as other persons. He shall make such reports and recommendations to his superior as may be requested or as may be required by law, or otherwise, and issue such reports in pamphlet form, or otherwise, as may be necessary or desirable to advance the best interests of the division and the deaf people of the State in general.
L.1941, c. 197, p. 586, s. 3. Amended by L.1977, c. 166, s. 4, eff. July 31, 1977.
34:1-69.3a. Annual report
The Director of the Division of the Deaf shall report annually to the Legislature. Such report shall include, but not be limited to, a review of the status of services to deaf persons within the State, recommended priorities for development and coordination of such services, evaluation of achievements resulting from recommendations made in the preceding annual report, and a statement of the division@s goals for the next year and the programs planned to achieve them.
L.1977, c. 166, s. 9, eff. July 31, 1977.
34:1-69.4. Assistants; qualifications; compensation
The Commissioner of Labor and Industry shall employ additional assistants who are competent and experienced in working and communicating with the deaf at such compensation as is required to effectively carry out the provisions of this act.
L.1941, c. 197, p. 587, s. 4. Amended by L.1977, c. 166, s. 5, eff. July 31, 1977.
34:1-69.5. Compensation and expenses of director
The Director of the Division of the Deaf shall receive such compensation as shall be determined by the Commissioner of Labor and Industry and such actual and necessary expenses as shall be incurred in the performance of their official duties, to be paid in the same manner as the compensation and expenses of other employees of the Department of Labor and Industry.
L.1941, c. 197, p. 587, s. 5. Amended by L.1977, c. 166, s. 6, eff. July 31, 1977.
34:1-69.6. ~Deaf~ defined
The term ~deaf~ , for purposes of the Division of the Deaf and as used in this act, means those persons in whom the sense of hearing is nonfunctional for ordinary purposes of life and includes two distinct classes based on the time of the loss of hearing; a. the congenitally deaf, those who were born deaf and, b. the adventitiously deaf, those who were born with normal hearing but in whom the sense of hearing becomes nonfunctional through illness, accident, etc. In clinical terms deaf means a hearing loss above 25 db ISO in the 500-2,000 frequency Hz range unaided in the better ear, and so designated by a certified audiologist.
L.1941, c. 197, p. 587, s. 6. Amended by L.1977, c. 166, s. 7, eff. July 31, 1977.
34:1-69.7. Legislative findings and declarations
The Legislature finds and declares that it shall be the policy of this State to secure the rights of hearing impaired persons who, because of impairment of hearing or speech, are unable to readily understand or communicate spoken language and who consequently cannot be fully protected in legal proceedings unless qualified interpreters are available to assist them.
L.1983, c. 564, s. 1, eff. Jan. 17, 1984.
34:1-69.8. Definitions
As used in this act:
a. ~Appointing authority~ means the presiding judge or justice of any court, the chairman of any board, commission, or authority, the director or commissioner of any department or agency, or any other person presiding at any hearing or other proceeding in which a qualified interpreter is required pursuant to this act.
b. ~Hearing impaired person~ means a person whose hearing is impaired so as to prohibit the person from understanding oral communications. The term further includes a person who, because of loss of hearing, cannot communicate spoken language.
c. ~Principal party in interest~ means a person who is a named party in any proceeding or who will be directly affected by the decision or action which may be made or taken.
d. ~Qualified interpreter~ means an interpreter certified by the National Registry of Interpreters for the Deaf, Inc. and listed by the State Division of the Deaf in the Department of Labor or the New Jersey Registry of Interpreters for the Deaf.
e. ~Intermediary interpreter~ means a certified interpreter who, because of his intimate acquaintance with hearing impaired persons with minimal language skills, can be used as an intermediary between the hearing impaired person and a qualified interpreter.
L.1983, c. 564, s. 2, eff. Jan. 17, 1984.
34:1-69.9. Intermediary interpreter to assist qualified interpreter
If a qualified interpreter or the hearing impaired client states that the interpretation is not satisfactory and that an intermediary interpreter will improve the quality of interpretation, the appointing authority shall appoint an intermediary interpreter to assist the qualified interpreter. An intermediary interpreter shall be subject to the same provisions that govern a qualified interpreter under this act.
L.1983, c. 564, s. 3, eff. Jan. 17, 1984.
34:1-69.10. Qualified interpreter for hearing impaired persons@ appointment; prohibition of retention in custody pending arrival
The appointing authority shall appoint a qualified interpreter to assist a hearing impaired person throughout the proceedings and in preparation with counsel as follows:
a. In any case before any court or grand jury in which a hearing impaired person is a party, either as a complainant, defendant or witness, or as hearing impaired parents of a juvenile;
b. At all stages in any proceeding of a judicial or quasi-judicial nature before any State agency or county or municipal governing body or agency in which a hearing impaired person is a principal party in interest, either as a complainant, defendant, witness or supplicant, or as hearing impaired parents of a juvenile;
c. In any proceedings in which a hearing impaired person may be subjected to confinement or criminal sanction or in any proceeding preliminary thereto, including a coroner@s inquest, grand jury proceedings and proceedings related to mental health commitments. A hearing impaired person who has been arrested and who is otherwise eligible for release shall not be held in custody pending the arrival of an interpreter.
(1) When a hearing impaired person is arrested for an alleged violation of a criminal law, a qualified interpreter shall be appointed prior to reading of Miranda warnings interrogating or taking a statement from the hearing impaired person.
(2) Any statement, written or oral, made by a hearing impaired person in reply to a question from a law enforcement officer or any other person having a prosecutorial function in any criminal or quasi-criminal proceeding shall not be used against that hearing impaired person unless either the statement was made or elicited through a qualified interpreter and was made knowingly, voluntarily and intelligently or, the hearing impaired person has requested a waiver pursuant to section 10 of this act and the court makes a finding that any statement made by the hearing impaired person was made knowingly, voluntarily and intelligently.
(3) The provisions of this subsection shall not apply to apprehensions, arrests or statements involving a violation of Title 39 of the Revised Statutes (Motor Vehicles and Traffic Regulation).
L.1983, c. 564, s. 4, eff. Jan. 17, 1984.
34:1-69.11. Positioning of interpreter
In any action or proceeding in which an interpreter is required to be appointed, the court or administrative authority may not commence proceedings until the appointed interpreter is in full view of and spatially situated to assure proper communication with the hearing impaired person involved as a participant.
L.1983, c. 564, s. 5, eff. Jan. 17, 1984.
34:1-69.12. List of qualified interpreters; request; substitution for appointed interpreter
Whenever an appointing authority is required to appoint an interpreter, the appointing authority shall request a list of qualified interpreters from either the State Division of the Deaf in the Department of Labor or the New Jersey Registry of Interpreters for the Deaf.
If the appointing authority@s choice of a qualified interpreter does not meet the needs or wishes of the hearing impaired person, the appointing authority shall appoint another qualified interpreter.
L.1983, c. 564, s. 6, eff. Jan. 17, 1984.
34:1-69.13. List of qualified interpreters; maintenance
a. The State Division of the Deaf in the Department of Labor, created pursuant to P.L.1941, c. 197 (C. 34:1-69.1 et seq.) shall maintain a list of qualified interpreters and provide the list to appointing authorities upon request.
b. The division shall regularly obtain a list of qualified interpreters from the New Jersey Registry of Interpreters for the Deaf and ensure that the list contains the most current information available from the registry.
L.1983, c. 564, s. 7, eff. Jan. 17, 1984.
34:1-69.14. Oath
Every appointed interpreter before entering upon his duties, shall take an 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 the person in the English language to the best of his skill and judgment.
L.1983, c. 564, s. 8, eff. Jan. 17, 1984.
34:1-69.15. Fees and expenses
a. An appointed interpreter shall receive a reasonable fee for his services, together with his actual expenses for travel and waiting time.
b. The Supreme Court shall establish rules governing the method for payment and the amount of the fee. In the case of any civil or criminal proceeding before a court in this State the fee shall be paid by the court and in the case of any proceeding before a State agency or a county or municipal governing body or agency the fee shall be paid that agency or governing body.
L.1983, c. 564, s. 9, eff. Jan. 17, 1984.
34:1-69.16. Waiver of right to interpreter
The right of a hearing impaired person to an interpreter shall not be waived unless the hearing impaired person requests a waiver in writing. The waiver shall be granted if the hearing impaired person@s counsel and the appointing authority approve the request for a waiver.
L.1983, c. 564, s. 10, eff. Jan. 17, 1984.
34:1-69.17. Information to remain confidential and privileged
Any information that the interpreter gathers from the hearing impaired person pertaining to any proceeding then pending shall at all times remain confidential and privileged on an equal basis with the attorney-client privilege.
L.1983, c. 564, s. 11, eff. Jan. 17, 1984.
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