3.1 Introduction

In administering BEI program rules and policies, DARS DHHS may perform criminal conviction records checks of

  • applicants for BEI certification, and
  • BEI certificate holders.

The purpose of the criminal conviction records check is to determine whether there are any criminal convictions that might disqualify or make the individual ineligible to hold BEI interpreter certification, or warrant suspension, revocation, or other disciplinary action against current certificate holders. Any offense punishable as a Class C misdemeanor does not apply.

As appropriate, a DARS DHHS staff member performs the following tasks in connection with criminal conviction records checks:

  • initiates a criminal conviction records check;
  • indicates clearance for staff to complete the application or renewal process if a conviction records check reveals no criminal convictions;
  • consults with DARS Legal Services if the conviction search reveals a criminal conviction that would or could be grounds for denying an application for certification or revoking, suspending, or otherwise disciplining a certificate holder, as set forth in the following DARS administrative rules:
    • 40 TAC Section 101.1211 concerning grounds for denying, suspending, or revoking an interpreter's certificate; or
    • 40 TAC Section 109.227 concerning disciplinary actions;
  • offers the applicant an opportunity to submit relevant details concerning the convictions; and
  • may present information to the BEI Advisory Board for its review and recommendation.