40 Tex. Admin. Code § 101.1209 - Revocation and Suspension of a Certificate
(a) DHHS, on its own determination or based
on the recommendation of the Advisory Board to the Board for Evaluation of
Interpreters, may revoke or suspend a certificate or place a certification
holder on probation for a violation of a statute, rule, or policy of DARS. If a
certificate holder is placed on probation, DHHS may require the practitioner:
(1) to report regularly to DHHS on matters
that are the basis of the probation;
(2) to limit practice to those areas
prescribed by DHHS; or
(3) to
continue or renew professional education until a satisfactory degree of skill
has been attained in those areas that are the basis of the probation.
(b) Emergency Suspension. DHHS,
through its director, may issue an emergency suspension order to any BEI
certificate holder, except for BEI certified court interpreters, if the
director has reasonable cause to believe that the conduct of the certified
interpreter creates an imminent danger to public health or safety.
(1) An emergency suspension issued by the
DHHS is effective immediately without a hearing or notice to the certificate
holder. Notice to the certificate holder shall be presumed established on the
date that a copy of the signed emergency suspension order is sent to the
certificate holder at the address shown in the current records of
DARS.
(2) A copy of the emergency
suspension order is sent to all government entities, institutions, or
facilities with which the certificate holder is known to be
associated.
(3) If a written
request for a hearing is received from the suspended certificate holder within
15 days of the date of the emergency suspension notice, DARS shall conduct a
hearing not later than the 30th day after the date on which a hearing request
is received to determine if the emergency suspension will be continued,
modified, or rescinded. Any written request for a hearing received after 15
days from the date of the emergency suspension notice is governed by §
101.1215 of this subchapter
(relating to Filing a Request for Hearing).
(c) Revocation or suspension of certification
of a certified court interpreter. DARS may revoke or suspend a court
interpreter certification under this subchapter only after a hearing. DARS may
reissue a court interpreter certificate to a person whose court interpreter
certificate has been revoked if the person applies in writing to DARS and shows
good cause to justify reissuance of the certificate. Copies of procedures for
submitting applications for reissuance after revocation of a court interpreter
certificate may be obtained from DHHS.
Notes
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