Section 1110.45  Interpretive and Translational Assistance

a)         A self-represented litigant, a witness, or a litigant who is an indigent person has the right to request interpretive assistance to participate in or understand any formal proceeding conducted orally before an ALJ, and this person may make such request at any time during the proceeding.

b)         If no request for interpretive assistance is made throughout the formal proceeding but the ALJ reasonably believes that the person is eligible to receive interpretive assistance and is of limited English proficiency, the ALJ shall inquire if the person needs assistance to participate or understand the proceeding.

c)         The ALJ may require a person to provide reasonable information necessary to determine whether the person is an indigent person for purposes of determining the eligibility for interpretive assistance.  The ALJ shall determine whether, and the manner in which, interpretive assistance will be provided.  The decision of the ALJ shall be made part of the record of the proceeding.

d)         The Department shall provide interpretive assistance and do so in a manner consistent with Sections 10-25.1(c) of the Illinois Administrative Procedure Act [5 ILCS 100], to a self-represented litigant, a witness, or litigant who is an indigent person that requests, or needs interpretative assistance in accordance with this Section.  This applies to a formal proceeding conducted orally before an ALJ and concerns substantive issues other than those related to procedural rules, processes, or scheduling.

e)         The Department may provide interpretative assistance and do so in a manner consistent with Section 10-25.1(d) of the Illinois Administrative Procedure Act, to a self-represented litigant, a witness, or a litigant who is an indigent person that requests, or needs, interpretative assistance in accordance with this Section when the formal proceeding conducted orally before an ALJ concerns only procedural rules, processes, or scheduling.

f)         The ALJ shall ensure that all persons appointed to provide interpretive assistance under this Section comply with the requirements of Section 10-25.1(e) of the Illinois Administrative Procedure Act.  The ALJ shall hear any requests for the appointment of a different interpreter in accordance with Section 10-25.1(f) of the Illinois Administrative Procedure Act.

g)         Every initial notice for which a person is entitled to a hearing under the applicable act, shall include an enclosure written in, at a minimum, English, Arabic, Cantonese, Gujarati, Korean, Mandarin, Polish, Russian, Spanish, Tagalog, Urdu, Ukrainian, and Vietnamese, which notifies the recipient of the ability for a party of the recipient's agent to request interpretive assistance to participate in or understand the hearing and to receive language access services for translating the contents of the notice. [5 ILCS 100/10-25] For Cantonese and Mandarin languages interpretation will be provided in Simplified Chinese or Traditional Chinese.

h)         A request to receive a written or sight translation of the initial notice must be made within seven days after service of the notice. [5 ILCS 100/10-25(a)(6)] If the request for translation involves a Notice of Intent to Deny or a Notice of Intent to Refuse to Renew, the request for translation shall be construed as a request for hearing.  If a request for translation involves a Complaint, then the requirement of filing an Answer to the Complaint pursuant to Section 1110.120 is stayed until a translation is provided.

i)          If a request for written or sight translation of the initial notice is not received by the Department within seven days after service of the notice, it shall be deemed a suspension of the right to translate the contents of the initial notice. Thereafter, a request for interpretive assistance shall be made in a timely manner so as not to delay any proceeding. If the requestor for interpretive assistance fails to appear at the hearing after requesting interpretive assistance the request shall be deemed suspended unless reasserted. If the requestor who fails to appear is the Petitioner or Respondent, the Division shall proceed pursuant to Section 1110.100.

j)          The Department need not provide interpretive assistance, sight translation, written translation, or other language access services to a person other as in this Section, however nothing in this Section prevents the Department from providing those services within its discretion.

(Source:  Added at 50 Ill. Reg. 10826, effective July 13, 2026)