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CO Administrative Rules 2022 (Interpreters)

Rule/Regulation

State: Colorado

Effective: October 15, 2022

Summary
The Colorado Secretary of State has adopted a permanent rule permitting interpreters for certain individuals with physical impairments.
Affects
Amends Title 8, Chapter 1505-11, Rule 2.3.2 of , and adds new Rules 2.3.3 and 2.3.4 to the Code of Colorado Regulations.
Changes
  1. Clarifies the general rule that a Notary must be able to directly communicate with a signer for a notarial act (including traditional, in-person electronic, and remote notarial acts) applies.
  2. Provides an exception allowing an interpreter to be used for a signer who is deaf, hard of hearing, or deafblind.
  3. Requires that an interpreter for deaf, hard of hearing, or deafblind individuals must hold either: (a) a valid certification issued by the registry of Interpreters for the Deaf, Inc. or a successor entity; or (b) a valid certification for sign language interpretation approved by the Colorado Commission for the Deaf, Hard of Hearing, and DeafBlind.
  4. Provides that an interpreter for a signer who is deaf, hard of hearing, or deafblind must not have a disqualifying interest.
  5. Defines “disqualifying interest” to mean: (a) the interpreter or the interpreter’s spouse, partner in a civil union, ancestor, descendent, or sibling is a party to or is named in the record that is to be notarized; or (b) the interpreter or the interpreter’s spouse or partner in a civil union may receive directly, and as a proximate result of the notarization, any advantage, right, title, interest, cash, or property exceeding in value the sum of any fee for interpreter services.
Analysis

On July 1, 2022, the Colorado Secretary of State adopted a temporary rule permitting qualified interpreters, as specified, to be used for facilitating communication between a Notary and individuals with certain physical impairments. After the public comment period and a public hearing, the Secretary of State has published a notice that the rule will be made permanent.

The Secretary of State’s justification for the then temporary rule was as follows: “Adoption of these rules on a temporary basis is necessary to immediately authorize and establish minimum standards for the use of interpreters for the deaf, hard of hearing, and deafblind individuals during notarial acts. The rules are immediately effective as is necessary to provide clear guidance to interested parties, including, but not limited to: notaries, interpreters, and the general public. For these reasons, and in accordance with the State Administrative Procedure Act, the Department of State finds that temporary adoption of the amendments to existing notary program rules is imperatively necessary to comply with state and federal law and to promote public interests.”

Read the adopted administrative rule.
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