| (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modified, or rescinded.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certificate has been revoked if the person applies in writing to DARS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.
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