SECTION 101.1215. Filing a Request for Hearing

(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.

Source Note: The provisions of this §101.1215 adopted to be effective March 12, 2012, 37 TexReg 1706