(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date on which a hearing request is received to determine if the emergency suspension will be continued, modified, or rescinded.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 DARS may reissue a court interpreter certificate to a person whose court interpreter certificate has been revoked if the person applies in writing to DARS and shows good cause to justify reissuance of the certificate.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.

Source Note: The provisions of this §101.1209 adopted to be effective March 12, 2012, 37 TexReg 1706