| (a) Issuance. The Commission may issue an individual's
voluntary forensic analyst license for forensic examinations or tests
not subject to accreditation under this section.
(b) The following forensic disciplines are eligible
for a voluntary forensic analyst license:
(1) forensic anthropology; and
(2) document examination, including document authentication,
physical comparison, and product determination.
(c) Application. Before being issued a voluntary forensic
analyst license, an applicant shall complete and submit to the Commission
a current forensic analyst license application and provide documentation
that he or she has satisfied all applicable requirements set forth
under this section.
(d) Minimum Education Requirements.
(1) Document Examination Analyst. An applicant for
a voluntary forensic analyst license in document examination must
have a high school diploma or equivalent degree or higher (i.e., baccalaureate or advanced degree).
(2) Forensic Anthropologist. An applicant for a voluntary
forensic analyst license in forensic anthropology must be certified
by the American Board of Forensic Anthropology (ABFA), including fulfillment
of any minimum education requirements required to comply with and
maintain ABFA certification at the time of the candidate's application
for a license.
(3) Foreign/Non-U.S. degrees. The Commission shall
recognize equivalent foreign, non-U.S. baccalaureate or advanced degrees.
The Commission reserves the right to charge licensees a reasonable
fee for credential evaluation services to assess how a particular
foreign degree compares to a similar degree in the United States.
The Commission may accept a previously obtained credential evaluation
report from an applicant or licensee in fulfillment of the degree
comparison assessment.
(e) Specific Coursework Requirements.
(1) General Requirement for Statistics. An applicant
for any voluntary forensic analyst license must have a three-semester
credit hour (or equivalent) college-level statistics course from an
accredited university or a program approved by the Commission.
(2) Forensic Discipline Specific Coursework Requirements.
(A) Document Examination Analyst. An applicant for
a voluntary forensic analyst license must have a three-semester credit
hour (or equivalent) college-level statistics course from an accredited
university or a program approved by the Commission. No other specific
college-level coursework is required.
(B) Forensic Anthropologist. An applicant for a voluntary
forensic analyst license in forensic anthropology must be certified
by the American Board of Forensic Anthropology (ABFA), including fulfillment
of any specific coursework requirements required to comply with and
maintain ABFA certification at the time of the candidate's application
for a license.
(3) Exemptions from Specific Coursework Requirements.
Previously Licensed Document Examination Analyst Exemption. An applicant
for a voluntary forensic analyst license previously licensed by the
Commission when licensure was mandatory for the discipline is exempt
from any specific coursework requirements in this subsection.
(f) General Forensic Analyst Licensing Exam Requirement
for Voluntary License Applicants.
(1) Exam Requirement. An applicant for a voluntary
forensic analyst license must pass the General Forensic Analyst Licensing
Exam administered by the Commission.
(A) An applicant is required to take and pass the General
Forensic Analyst Licensing Exam one time.
(B) An applicant may take the General Forensic Analyst
Licensing Exam no more than three times. If an applicant fails the
General Forensic Analyst Licensing Exam three times, the applicant
has thirty (30) days from the date the applicant receives notice of
the failure to request special dispensation from the Commission as
described in subparagraph (C) of this paragraph. Where special dispensation
is granted, the applicant has 90 days from the date he or she receives
notice the request for exam is granted to successfully complete the
exam requirement. However, for good cause shown, the Commission or
its Designee at its discretion may waive this limitation
(C) Requests for Exam. If an applicant fails the General
Forensic Analyst Licensing Exam three times, the applicant must request
in writing special dispensation from the Commission to take the exam
more than three times. Applicants may submit a letter of support from
their laboratory director or licensing representative and any other
supporting documentation supplemental to the written request.
(D) If an applicant sits for the General Forensic Analyst
Licensing Exam more than three times, the applicant must pay a $50
exam fee each additional time the applicant sits for the exam beyond
the three initial attempts.
(2) Credit for Pilot Exam. If an individual passes
a Pilot General Forensic Analyst Licensing Exam, regardless of his
or her eligibility status for a voluntary or mandatory Forensic Analyst
License at the time the exam is taken, the candidate has fulfilled
the General Forensic Analyst Licensing Exam Requirement of this subsection.
(g) Proficiency Monitoring Requirement.
(1) Requirement for Applicants Employed by an Accredited
Laboratory. An applicant who is employed by an accredited laboratory
must demonstrate the applicant participates in the laboratory's process
for intra-laboratory comparison, inter-laboratory comparison, proficiency
testing, or observation-based performance monitoring requirements
in compliance with and on the timeline set forth by the laboratory's
accrediting body's proficiency monitoring requirements as applicable
to the Forensic Analyst's or Forensic Technician's specific forensic
discipline and job duties.
(2) Requirement for Applicants Not Employed at an Accredited
Laboratory or at an Accredited Laboratory in an Unaccredited Forensic
Discipline. An applicant who is employed by an entity other than an
accredited laboratory or performs a forensic examination or test at
an accredited laboratory in a forensic discipline not covered by the
scope of the laboratory's accreditation must demonstrate the applicant
participates in the laboratory or employing entity's process for intra-laboratory
comparison, inter-laboratory comparison, proficiency testing, or observation-based
performance monitoring requirements in compliance with and on the
timeline set forth by the laboratory or employing entity's Commission-approved
process for proficiency monitoring as applicable to the Forensic Analyst's
or Forensic Technician's specific forensic discipline and job duties.
(3) A signed certification by the laboratory or entity's
authorized representative that the applicant has satisfied the applicable
proficiency monitoring requirements, including any intra-laboratory
comparison, inter-laboratory comparisons, proficiency testing, or
observation-based performance monitoring requirements in paragraph
(1) or (2) of this subsection as of the date of the analyst's application
must be provided on the Proficiency Monitoring Certification form
provided by the Commission. The licensee's authorized representative
must designate the specific forensic discipline in which the Forensic
Analyst or Forensic Technician actively performs forensic casework
or is currently authorized to perform supervised or independent casework.
(4) Applicants employed by an entity other than an
accredited laboratory or performing forensic examinations or tests
at an accredited laboratory in a discipline not covered by the scope
of the laboratory or employing entity's accreditation must include
written proof of the Forensic Science Commission's approval described
in (5) of this subsection with the Proficiency Monitoring Certification
form required in (3) of this subsection. The applicant must include
written documentation of performance in conformance with expected
consensus results for the laboratory or employing entity's Commission-approved
activities or exercise(s) as applicable to the applicant's specific
forensic discipline and job duties in compliance with and on the timeline
set forth by the laboratory or employing entity's Commission-approved
process for proficiency monitoring.
(5) Applicants employed by an entity other than an
accredited laboratory or performing forensic examinations or tests
at an accredited laboratory in a discipline not covered by the scope
of the laboratory or employing entity's accreditation seeking approval
of proficiency monitoring activities or exercise(s) must seek prior
approval of the activities or exercise(s) from the Commission.
(h) License Term and Fee.
(1) A Voluntary Forensic Analyst license shall expire
two years from the date the applicant is granted a license.
(2) Application Fee. A voluntary Forensic Analyst license
applicant or current voluntary licensee shall pay the following fee(s)
as applicable:
(A) Initial Application fee of $220;
(B) Biennial renewal fee of $200;
(C) License Reinstatement fee of $220; or
(D) Special Exam Fee of $50 for General Forensic Analyst
Licensing Exam, required only if testing beyond the three initial
attempts; and
(i) Voluntary Forensic Analyst License Renewal. Renewal
of a Voluntary Forensic Analyst License. Applicants for renewal of
a Voluntary Forensic Analyst License must comply with §651.208
(Forensic Analyst and Forensic Technician License Renewal) of this
subchapter.
(j) Voluntary Forensic Analyst License Expiration and
Reinstatement. Expiration and Reinstatement of a Voluntary Forensic
Analyst License. A Voluntary Forensic Analyst must comply with §
651.209 of this subchapter (Forensic Analyst and Forensic Technician
License Expiration and Reinstatement).
(k) Procedure for Denial of Initial Application or
Renewal Application and Reconsideration.
(1) Application Review. The Commission Director or
Designee must review each initial application or renewal application
and determine whether the applicant meets the qualifications and requirements
set forth in this subchapter. If a person who has applied for a voluntary
forensic analyst license does not meet the qualifications or requirements
set forth in this subchapter and has submitted a complete application,
the Director or Designee must consult with members of the Licensing
Advisory Committee before denying the application.
(2) Denial of Application. The Commission, through
its Director or Designee, may deny an initial or renewal application
if the applicant fails to meet any of the qualifications or requirements
set forth in this subchapter.
(3) Notice of Denial. The Commission, through its Director
or Designee, shall provide the applicant a written statement of the
reason(s) for denial of the initial or renewal application.
(4) Request for Reconsideration. Within twenty (20)
days of the date of the notice that the Commission has denied the
application, the applicant may request that the Commission reconsider
the denial. The request must be in writing, identify each point or
matter about which reconsideration is requested, and set forth the
grounds for the request for reconsideration.
(5) Reconsideration Procedure. The Commission must
consider a request for reconsideration at its next meeting where the
applicant may appear and present testimony.
(6) Commission Action on Request. After reconsidering
its decision, the Commission may either affirm or reverse its original
decision.
(7) Final Decision. The Commission, through its Director
or Designee, must notify the applicant in writing of its decision
on reconsideration within fifteen (15) business days of the date of
its meeting where the final decision was rendered.
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