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002.01.3-1. General Language Access Policy

AR ADC 002.01.3-1Arkansas Administrative CodeEffective: May 29, 2023

West's Arkansas Administrative Code
Title 002. Game and Fish Commission
Division 01. Legal Division
Rule 3. Arkansas Game and Fish Commission Limited English Proficiency Plan and Policy
Effective: May 29, 2023
Ark. Admin. Code 002.01.3-1
002.01.3-1. General Language Access Policy
Currentness
a. Policy Statement
1. It is the policy of the Arkansas Game and Fish Commission (AGFC) that agency staff shall take reasonable steps to provide limited English proficient (LEP) persons with meaningful access to all AGFC programs, activities, or services.
2. This policy is based on the principle that it is the responsibility of the agency and not the LEP individual to take reasonable steps to ensure that communications between the AGFC and the LEP individual are not impaired as a result of the limited English proficiency of the individual.
3. AGFC staff shall take reasonable steps to effectively inform the public of the availability of language accessible AGFC programs, activities, or services.
b. Purpose and Authority
The purpose of this language access plan and policy (the Plan) is to make reasonable efforts to eliminate or reduce limited English proficiency as a barrier to accessing AGFC programs, activities, or services. This Plan was created by the AGFC Language Access Working Group (LAWG), an agency-wide group consisting of representatives from multiple divisions as well as leadership.
This Plan establishes guidelines in accordance with Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, 65 Fed. Reg. 50,121 (Aug. 16, 2000), which requires that Federal agencies work to ensure that recipients of Federal financial assistance provide meaningful access to LEP individuals. AGFC receives Federal financial assistance, including from the U.S. Fish and Wildlife Service (USFWS), which prohibits recipients from discriminating on the basis of race, color, national origin, age, sex, or disability in any program, activity, or facility, consistent with the requirements of Title VI of the 1964 Civil Rights Act, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, and Title IX of the Education Amendments of 1972. These guidelines are designed to comply with those requirements under Federal law. AGFC staff must make reasonable efforts to provide timely language assistance services to ensure that LEP individuals have substantially equal and meaningfully effective access to AGFC programs, activities, and services.
c. Definitions
1. Direct “In-Language” Communication -- Monolingual communication in a language other than English between an interpreter and a LEP individual.
2. Effective Communication -- Communication sufficient to provide the LEP individual with substantially the same level of access to services received by individuals who are not LEP. For example, staff must take reasonable steps to ensure communication with an LEP individual is as effective as communications with others when providing similar programs, activities, and services.
3. Interpretation -- The act of listening to a communication in one language (source language) and orally converting it to another language (target language) while retaining the same meaning.
4. Language Assistance Services -- Oral and written language services needed to assist LEP individuals to communicate effectively with staff, and to provide LEP individuals with meaningful access to, and an equal opportunity to participate fully in, the services, activities, or other programs administered by the AGFC.
5. Limited English Proficient (LEP) Individuals -- Individuals who do not speak English as their primary language and who have a limited ability to read, write, speak, or understand English. LEP individuals may be competent in English for certain types of communication (e.g., speaking or understanding), but still be LEP for other purposes (e.g., reading or writing).
6. Meaningful Access -- Language assistance that results in accurate, timely, and effective communication at no cost to the LEP individual. For LEP individuals, meaningful access denotes access that is not significantly restricted, delayed, or inferior as compared to programs, activities, or services provided to English proficient individuals.
7. Multilingual staff or employee -- A staff person or employee who has demonstrated proficiency in English and reading, writing, speaking or understanding at least one other language as authorized by his or her AGFC division.
8. Primary Language -- An individual's primary language is the language in which an individual most effectively communicates.
9. Program, Activity, or Service -- The terms “program,” “activity,” or “service” mean all of the operations of the agency that AGFC makes accessible to a member of the public but excludes all operations that are solely internal to AGFC employees.
10. Qualified Translator or Interpreter -- An in-house or contracted translator or interpreter who has demonstrated his or her competence to interpret or translate through certification (e.g. by a court) or is authorized to do so by contract with the AGFC or, in the case of an in-house translator or interpreter, by approval of his or her AGFC division.
11. Sight Translation -- Oral rendering of written text into spoken language by an interpreter without change in meaning based on a visual review of the original text or document.
12. Translation -- The replacement of written text from one language (source language) into an equivalent written text in another language (target language).
13. Vital Document -- Paper or electronic written material that contains information that is critical for accessing an AGFC program, activity, or service, or is required by law.
d. Scope of Policy/Staff Compliance
AGFC staff should take reasonable steps to provide language assistance services to LEP individuals when they encounter or have reason to believe that they may encounter LEP individuals in the course of fulfilling AGFC's mission. Subject to guidelines set forth herein, AGFC staff should take reasonable steps to provide language assistance services upon request by an LEP individual who wishes to access AGFC programs, activities, or services or to whom AGFC staff wishes to communicate.
This directive is intended only to improve the internal management of AGFC's language access program, and does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the AGFC, the State of Arkansas, the United States, their respective agencies, officers, or employees, or any person. Because this document is intended for the internal management of the AGFC language access program, it is not intended to be cited in any judicial or administrative proceeding. Administration of the Plan is within AGFC's sole discretion. AGFC will create and post a process for obtaining feedback regarding AGFC's implementation of this Plan.

Credits

Adopted May 29, 2023.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 002.01.3-1, AR ADC 002.01.3-1
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