| (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.
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