Part 2. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES
Chapter 109. OFFICE FOR DEAF AND HARD OF HEARING SERVICES
Subchapter B. BOARD FOR EVALUATION OF INTERPRETERS AND INTERPRETER CERTIFICATION
DIVISION 1. DEFINITIONS AND BOARD OPERATIONS
The Texas Health and Human Services Commission ("HHSC"), on behalf of the Texas Department of Assistive and Rehabilitative Services ("DARS"), adopts the amendments to Title 40, Part 2, Chapter 109, Office for Deaf and Hard of Hearing Services, Subchapter B, Board for Evaluation of Interpreters and Interpreter Certification, Division 1, Definitions and Board Operations, §109.243, Grounds for Denying, Suspending, or Revoking an Interpreter's Certificate. The rule is adopted without changes to the proposed text as published in the March 14, 2008, issue of the Texas Register (33 TexReg 2270).
Additionally, this adopted rule is replacing the emergency amendment to §109.243, which was published in the February 1, 2008, issue of the Texas Register (33 TexReg 817). The emergency amendment to §109.243 is being contemporaneously withdrawn elsewhere in this issue of the Texas Register with the adoption on this final rule. The Emergency amendment of §109.243 is scheduled to expire by law on May 15, 2008.
The amendment to §109.243 adds more substantive grounds for denying, suspending, or revoking the certification of interpreters for the deaf, including grounds relating to allegations of criminal behavior or other misconduct by interpreters certified by DARS. Complaints against certified interpreters have increased and become more serious in nature since the adoption of recent federal regulations by the U.S. Department of Education (specifically 34 Code of Federal Regulations §300.156, published August 2006) and state rules by the Texas Education Agency (specifically 19 TAC §89.1131(a) and (d), adopted November 2007), which require school districts to employ only licensed or certified interpreters for deaf students. Complaints received by DARS have included allegations of crimes against children and disabled individuals. Currently, the permanent rules of DARS relating to the certified interpreter program covers only convictions for criminal acts, which in many cases may take years to occur, if ever. These amendments will allow DARS to initiate disciplinary proceedings on allegations of rule violations and to take appropriate disciplinary action where legally supported by facts and credible evidence, to protect the health and safety of the public.
Government Code, §2001.039 requires that each state agency review and consider for readoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). Section 109.243 has been reviewed and the department has determined that reason for adopting the rule, which was to protect the general public from misconduct and/or the illegal acts of certified interpreters, continues to exist. However, the rule review identified areas where amendments were needed to strengthen the rule. These amendments are being proposed for the reasons described above in this preamble. Note that Title 40, Part 2, Chapter 109, was proposed for review in the November 30, 2007, issue of the Texas Register (32 TexReg 8864).
No comments were received regarding the adoption of the amendment.
The amendment is adopted pursuant to Texas Government Code, Chapter 531, §531.0055(e), which provides the Executive Commissioner of the Texas Health and Human Services Commission with the authority to promulgate rules for the operation and provision of health and human services by health and human services agencies, which includes DARS.
This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on April 24, 2008.
TRD-200802167
Sylvia F. Hardman
General Counsel
Department of Assistive and Rehabilitative Services
Effective date: May 15, 2008
Proposal publication date: March 14, 2008
For further information, please call: (512) 424-4050