40 Tex. Admin. Code § 101.1215 - Filing a Request for Hearing
(a) A
certificate holder, other than a certified court interpreter, whose certificate
DARS proposes to suspend, revoke, or place on probation, may request a hearing.
A certified court interpreter's certificate may be suspended or revoked by DARS
only after a hearing.
(b) Although
no prescribed form is required to file a request, preprinted forms for this
purpose are maintained by DHHS and are available upon request.
(c) The request for hearing shall be filed in
writing with the hearings coordinator, DARS Legal Services. A request is
considered filed on the day that it is received by the hearings
coordinator.
(d) Upon receiving a
request for review, the hearings coordinator, DARS Legal Services, within five
business days, shall notify the certificate holder of the name of the impartial
hearing officer appointed to hear the appeal, and the date, time, and place of
any prehearing.
(e) Timeliness of a
request for hearing. Except as prescribed in §
101.1209(b) of
this subchapter (relating to Revocation and Suspension of a Certificate),
relating to a hearing request on an emergency suspension, unless good cause is
shown, a request shall be considered timely if it is received by DARS' hearings
coordinator no later than 60 days from the date the certificate holder is
served according to Government Code, §
2001.054(c)
with written notice of DARS' proposal to revoke or suspend the certificate
holder's certificate or place the certificate holder on probation.
Notes
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