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RULE §101.1211Grounds for Denying, Revoking, or Suspending an Interpreter's Certificate

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.

Source Note: The provisions of this §101.1211 adopted to be effective March 12, 2012, 37 TexReg 1706; amended to be effective May 1, 2014, 39 TexReg 3445

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