Does the definition of “court” include administrative hearing proceedings? Do the same requirements apply to the executive branch agencies responsible for conducting those hearings?
The Letter addresses the application of Title VI of the Civil Rights Act of 1964 (Title VI) requirements to state court systems. The standards set forth in the Letter are applicable to all proceedings conducted by state courts including those considered administrative in nature. Although the Letter does not specifically address administrative adjudicative hearings conducted by state or local executive branch agencies that receive federal financial assistance, the reasoning would generally extend to them. Indeed, The Department of Justice (DOJ) Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition against National Origin Discrimination Affecting Limited English Proficient Persons (Guidance) states that “As used in this appendix, the word ‘court’ or ‘courts’ includes administrative adjudicatory systems or administrative hearings administered or conducted by a recipient.” 67 Fed. Reg. 41,455 at 41,459 n.5 (June 18, 2002) (LEP Guidance). Question 2: What are DO
