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RULE §651.105Procedure for Hearing on and Appeal of an Adverse Final Accreditation Decision or Final Accreditation Action by the Commission

(a) Notice of Commission Action and Procedure for Opportunity for Hearing and Participation.

  (1) Notice. The Commission shall, within ten (10) business days, provide written notice to a crime laboratory of the basis of any final accreditation decision or final accreditation action by the Commission adverse to a crime laboratory accredited or seeking accreditation by the Commission under this subchapter.

  (2) Appeals. A crime laboratory that is accredited or seeking accreditation by the Commission under this subchapter may appeal any adverse final accreditation decision or final accreditation action taken by the Commission by submitting the Notice of Accreditation Appeal form as provided on the Commission's website. Notice of Accreditation Appeal forms must be submitted within thirty (30) days of the date the Commission's notice described in (1) of this subsection is received by the crime laboratory, or the right to appeal the decision and right to a hearing shall be waived and the decision or action by the Commission stands.

  (3) State Office of Administrative Hearings. Final accreditation decisions, final accreditation actions, and final investigative reports issued pursuant to the Commission's accreditation authority under Code of Criminal Procedure, Article 38.01 §4-d are governed by Chapter 2001, Government Code. A hearing under this section shall be conducted by an administrative law judge of the State Office of Administrative Hearings.

  (4) State Office of Administrative Hearings procedural rules governed by Chapter 2001, Government Code apply to the extent not inconsistent with Commission rules in this subchapter.

  (5) Proposals for decision issued by a State Office of Administrative Hearings judge shall be considered by the Commission to be proposals for final decision and either adopted, changed or reversed by the Commission to the extent permitted by Chapter 2001, Government Code.

(b) Notice of Hearing; Contents. The Commission shall provide timely notice of any scheduled hearing before the State Office of Administrative Hearings related to an action taken by the Commission to the person or party against which the action is taken. The notice must include:

  (1) a statement of the time, place, and nature of the hearing;

  (2) a statement of the legal authority and jurisdiction under which the hearing is to be held;

  (3) a reference to the particular sections of the statutes and rules involved; and

  (4) either:

    (A) a short, plain statement of the factual matters asserted; or

    (B) an attachment that incorporates by reference the factual matters asserted in the complaint or petition filed with the Commission.

(c) Notice of Hearing; Limited Statement. If the Commission is unable to state factual matters in detail at the time notice is served, an initial notice may be limited to a statement of the issues involved. A more definite and detailed statement of the facts shall be furnished not less than seven (7) days before the date set for the hearing.

(d) Right to Counsel. Each party in a contested case is entitled to the assistance of counsel. The Commission is not responsible for any legal fees. A party may expressly waive the right to assistance of counsel.

(e) Interpreters for Deaf or Hearing Impaired Parties and Witnesses.

  (1) In contested cases, the Commission shall provide an interpreter whose qualifications are approved by the Texas Department of Assistive and Rehabilitative Services to interpret the proceedings for a party or subpoenaed witness who is deaf or hearing impaired.

  (2) In this section, "deaf or hearing impaired" means having a hearing impairment, whether or not accompanied by a speech impairment, that inhibits comprehension of the proceedings or communication with others.

(f) Informal Disposition of Contested Case. Unless precluded by law, an informal disposition may be made of a contested case by:

  (1) stipulation;

  (2) agreed settlement;

  (3) consent order; or

  (4) default.

Source Note: The provisions of this §651.105 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

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