SECTION 360.329. Actions against Persons Not Certified as Court Interpreters

(a) DHHS investigates complaints and may initiate disciplinary action against a person alleged to perform court interpretation without certification or authorization as provided by this division. DHHS follows the investigative process and resulting action listed in paragraphs (1) - (3) of this subsection to ensure that affected people are afforded due process of law.

(1) Upon receipt of a complaint from the public or from a DARS staff member, DHHS evaluates the information to determine if the evidence provides reasonable cause that a violation may have occurred.

(2) If reasonable cause does not exist, an investigation is not initiated.

(3) If reasonable cause is found, then the DHHS staff initiates an investigation to determine if a violation of law has occurred. DHHS' investigative process is as follows:

(A) The person named in the complaint is advised of the complaint and the specific section of the Government Code, Chapter 57 that appears to have been violated.

(B) The person is afforded the opportunity to respond to the complaint to show that the actions that precipitated the complaint are not in violation of the Government Code, Chapter 57.

(C) If, after evaluation of the person's response, a violation appears evident, the person is afforded the opportunity for a hearing as provided to certificate holders under Chapter 101, Subchapter E, Divisions 1 and 4 of this title (relating to General Rules and Office for Deaf and Hard of Hearing Services) or for resolution of the complaint through a DARS order, which may include the imposition of an administrative penalty.

(b) Complaints, allegations of violations, and findings of violations against a person, relating to the rules of this division may be considered as grounds for denial of pending or subsequent applications for interpreter certification from DARS and as grounds for disciplinary action against a holder of other DARS-issued certifications.

Source Note: The provisions of this §360.329 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