| (a) The Commission may, at any reasonable time, enter
the premises or audit the records, reports, procedures, or other quality
assurance matters of a crime laboratory that is accredited or seeking
accreditation under this chapter.
(b) If the Commission determines there is reasonable
cause to believe a laboratory has failed to maintain quality assurance
standards as required by its recognized accrediting body, or has otherwise
engaged in acts or omissions raising questions about the reliability
or validity of the forensic analysis performed in the laboratory,
or has violated any rule in this chapter, the Commission may take
appropriate action, including one or more of the following:
(1) direct the laboratory to conduct an internal audit
and implement appropriate corrective action;
(2) order the laboratory to obtain, at its own expense,
an external audit by a subject matter expert approved by the Commission
and the laboratory's recognized accrediting body and provide the expert's
report to the Commission within a reasonable time frame determined
by the Commission;
(3) initiate an evaluation of continued accreditation;
or
(4) any other actions deemed appropriate by the Commission.
(c) An audit under this subchapter must comply with
minimum standards for audits or inspections as established by the
Commission.
(d) A laboratory, facility, or entity that must be
accredited under Code of Criminal Procedure, Article 38.01 §4-d
must, as part of the accreditation process, agree to consent to any
request for cooperation by the Commission that is made as part of
the exercise of the Commission's duties under this subchapter.
(e) The Commission may require a laboratory, facility,
or entity required to be accredited under Code of Criminal Procedure,
Article 38.01 §4-d to pay any costs incurred for accrediting,
inspecting, or auditing to ensure compliance with the accreditation
process.
|
| Source Note: The provisions of this §651.102 adopted to be effective June 1, 2010, 35 TexReg 4439; transferred effective September 1, 2015, as published in the Texas Register October 9, 2015, 40 TexReg 7109; amended to be effective December 24, 2015, 40 TexReg 9305; amended to be effective August 26, 2020, 45 TexReg 5930; amended to be effective February 25, 2024, 49 TexReg 877 |
