| (3) When a translated response to comments is provided,
the transmittal letter mailed out by the chief clerk in accordance
with §55.156(c) of this title shall:
(A) also be provided in the alternative language; and
(B) the instructions for further public participation
that are required by §55.156(d) and (e) of this title shall also
be provided in the alternative language.
(4) When a translated response to comments is necessary,
the executive director may use any resources available to translate
the response; the translated response to comments may include a statement
as to the source of the translation, and information for how to obtain
answers to questions related to the translation.
(5) When the executive director determines that it
is not necessary to translate a response to comments even though comments
have been received in an alternative language, the transmittal letter
will include information in both English and the alternative language
about how to use available translation tools to translate the response
into an alternative language.
(6) This subsection will apply to permit applications
that are declared by the executive director to be administratively
complete on or after May 1, 2022.
(f) Alternative language requirements for response
to requests for reconsideration or hearing requests. This subsection
applies whenever requests for reconsideration or hearing requests
are received in accordance with §55.201 of this title (relating
to Requests for Reconsideration or Contested Case Hearing) in an alternative
language.
(1) the notice transmitted by the chief clerk in accordance
with §55.209 of this title (relating to Processing Requests for
Reconsideration and Contested Case Hearing) concerning commission
action on hearing requests shall be provided in the alternative language;
(2) any written responses to the requests for reconsideration
or hearing requests submitted by the executive director, the Office
of Public Interest Counsel, and the applicant shall be provided in
the alternative language;
(3) when a translated response to requests for reconsideration
or hearing is required, the executive director, the Office of Public
Interest Counsel, and the applicant may use any resources available
to translate the response; the translated response may include a statement
as to the source of the translation, and information for how to obtain
answers to questions related to the translation;
(4) written commission orders on hearing requests subject
to this subsection shall also be provided in the alternative language;
(5) when hearing requests that require alternative
language documents are heard by the commissioners at agenda, the commission
shall provide oral interpretation of the agenda consideration in the
alternative language;
(6) notice required in accordance with §50.119
of this title (relating to Notice of Commission Action, Motion for
Rehearing), shall also be provided in the alternative language when
this subsection applies;
(7) notice required in accordance with §39.423
of this title (relating to Notice of Contested Case Hearing), shall
also be provided in the alternative language; and
(8) this subsection will apply to permit applications
that are declared by the executive director to be administratively
complete on or after May 1, 2022.
(g) Remedy for Alternative Language Translation Errors.
(1) For notices, only substantive errors in translation
require that notice be re-published or re-mailed. Substantive errors
include, but are not limited to, errors in deadlines, meeting locations,
log-in information for virtual meetings, time of meetings, information
relating to means to obtain further information about the subject
of the notice, and information about the permit applicant.
(2) Absent a demonstration of willful misconduct in
connection with the translation, a minor translation error shall not
be grounds for preventing, vacating, delaying, or otherwise impairing
the effectiveness of an action by the executive director or the commission.
(3) In the event of an alleged translation error, the
original English version of a document shall be deemed conclusive.
(4) A complainant's remedy shall be to receive a revised
translation within a reasonable period of time.
(5) This subsection will apply to permit applications
that are declared by the executive director to be administratively
complete on or after May 1, 2022.
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