DHHS may deny application; suspend or revoke certification;
or otherwise discipline, reprimand, or place on probation a certificate
holder for any of the following causes:
(1) violations of federal or state laws that are substantiated
by credible evidence, whether or not there is a complaint, indictment,
or conviction, such violations include, but are not limited to, the
following:
(A) any felony, including homicide, rape, sexual abuse
of a child, indecency with a child, injury to a child, aggravated
assault, robbery, burglary, theft, forgery, bribery, and perjury;
(B) any Class A or Class B misdemeanor involving moral
turpitude that involves dishonesty, fraud, deceit, misrepresentation,
or deliberate violence, or that reflects adversely on the certificate
holder's honesty, trustworthiness, or fitness to interpret under the
scope of the person's certificate; or
(C) any offense, excluding an offense punishable as
a Class C misdemeanor, involving theft or controlled substances;
(2) engaging in sexually inappropriate behavior with
or comments directed at a consumer, including individuals who are
part of the interpreted situation;
(3) using or being under the influence of drugs, whether
or not controlled, or intoxicating liquors to an extent that affects
the interpreter's professional competence;
(4) impersonating another person who holds an interpreter
certification from DARS;
(5) allowing another person to use the certificate
holder's certificate or five-year certificate renewal documents;
(6) misrepresenting oneself or another interpreter
as having a certification awarded by DARS or as having a certification
level different from the actual level of certification awarded by
DARS;
(7) using fraud; deception, which includes cheating;
or misrepresentation on an application for certification during the
certification examination, or in the annual certificate maintenance
or five-year certificate renewal process;
(8) violating or aiding in the violation of the Code
of Professional Conduct described in §101.1213(a)(1) of this
subchapter (relating to Codes of Professional Conduct and Ethics)
or, with respect to certified court interpreters only, of the Code
of Ethics and Professional Responsibility of Certified Court Interpreters
described in §101.1213(a)(2) of this subchapter;
(9) being grossly incompetent or grossly negligent
in performing the duties as an interpreter; or having demonstrated
repeated and/or continuous negligence or irresponsibility in the performance
of the duties;
(10) being adjudicated mentally incompetent by a court
of competent jurisdiction;
(11) intentionally harassing, abusing, or intimidating,
either physically or verbally, a consumer, including individuals who
are part of the interpreted situation; a board member; a rater; or
any staff member of DARS;
(12) intentionally divulging or using inappropriately
any aspect of confidential information relating to the certification
examination including content, topic, vocabulary, identity of individuals
involved in the tests, skills, written test questions, and any other
testing materials considered confidential;
(13) failure to meet requirements for annual certificate
maintenance or five-year certificate renewal;
(14) engaging in the practice of interpreting while
identified as a certified interpreter even though certification is
suspended;
(15) falsifying or providing false documents in support
of five-year certificate renewal, by altering original letters, certificates
issued through continuing education, or attendance verification;
(16) failure to disclose a criminal conviction or providing
false or misleading information concerning a criminal conviction;
(17) failure to provide information or documentation
requested by DARS for any purpose related to certification or the
certification program, including information or documentation requested:
(A) in consideration of an application for certification,
annual certificate maintenance, or five-year certificate renewal;
or
(B) concerning criminal conviction records.
(18) violation of a statute, rule, order, or policy
of DARS or the terms or conditions of a probation, suspension, or
revocation imposed by DARS.
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