SECTION 360.211. Provisional Certificate

(a) DHHS may issue a provisional certificate to an applicant currently certified in another jurisdiction who seeks a BEI certificate and who:

(1) has been certified in good standing as an interpreter for at least two years in another jurisdiction, including a foreign country, that has certification requirements substantially equivalent to those of DARS;

(2) has passed an examination recognized by DHHS relating to the practice of interpretation for people who are deaf or hard of hearing; and

(3) is sponsored by an interpreter certified by DARS with whom the provisional-certificate holder will practice during the time he or she holds a provisional certificate.

(b) DHHS may waive the requirement of subsection (a)(3) of this section for an applicant if DHHS determines that compliance with that subsection would be a hardship to the applicant.

(c) A provisional certificate is valid until the date DHHS approves or denies the provisional certificate holder's application for a certificate. DARS will issue a certificate to the provisional certificate holder if:

(1) the provisional certificate holder is eligible to be certified under §109.209 of this division (relating to Fees, Prerequisites, and Qualifications for Certification); or

(2) the provisional certificate holder passes the part of the examination prescribed by DHHS to establish that he or she has the minimum level of English proficiency; and

(3) DHHS verifies that the provisional certificate holder:

(A) meets the academic and experience requirements for a certificate under this chapter; and

(B) satisfies any other certification requirements under this chapter.

(d) DHHS must approve or deny a provisional certificate holder's application for a BEI certificate not later than the 180th day after the date the provisional certificate is issued. DHHS may extend the 180-day period if the results of an examination have not been received by DHHS before the end of that period.

(e) The decision of DHHS on issuance or denial of a BEI provisional certificate is final and may not be appealed.

Source Note: The provisions of this §360.211 adopted to be effective April 24, 2013, 38 TexReg 2513; transferred effective March 1, 2021, as published in the Texas Register February 5, 2021, 46 TexReg 946