| (a) The Commission must give written notice by certified
mail to a license holder or crime laboratory that is the subject of
any disciplinary action, finding of professional negligence or professional
misconduct, violation of the code of professional responsibility,
or violation of another rule or order of the Commission. The notice
must:
(1) include a brief summary of the professional negligence,
professional misconduct, violation of the code of professional responsibility,
or other rule or statutory violation;
(2) state the disciplinary action taken by the Commission;
and
(3) inform the license holder or crime laboratory of
their right to a hearing before the Judicial Branch Certification
Commission on the occurrence of the professional negligence or misconduct
or rule violation, or the imposition of a disciplinary action.
(b) for purposes of this subchapter, "disciplinary
action" against a license holder or crime laboratory includes any
of the following actions: revocation or suspension of an individual's
license or a crime laboratory's accreditation; refusal to renew an
individual's license or a crime laboratory's accreditation; or formal
reprimand of a license holder or crime laboratory.
(c) Hearing Request. Not later than the 20th day after
the date the license holder or crime laboratory receives the notice
under subsection (a) of this section, the license holder or crime
laboratory may accept the Commission determination or disciplinary
action or request a hearing by submitting a written request to the
Judicial Branch Certification Commission. If the license holder or
crime laboratory fails to timely submit a request, the Commission's
action becomes final and is not subject to review by the Judicial
Branch Certification Commission. Hearing requests may be submitted
via email to info@fsc.texas.gov.
(d) Judicial Branch Certification Commission Hearing.
If the license holder or crime laboratory requests a hearing, the
Judicial Branch Certification Commission must conduct a hearing to
determine whether there is substantial evidence to support the determination
under subsection (a) of this section that the negligence, misconduct,
or violation occurred. If the Judicial Branch Certification Commission
upholds the determination, the Judicial Branch Certification Commission
shall determine the type of disciplinary action to be taken. The Judicial
Branch Certification Commission must conduct the hearing and any appeal
of that Commission's decision, in accordance with the procedures provided
by Subchapter B, Chapter 153, Government Code, as applicable, and
the rules of the Judicial Branch Certification Commission.
(e) Disposition by Agreement. Any disciplinary matter
may be disposed of by agreement, unless precluded by law. The agreement
must be in writing and may be in the form of a stipulation, a settlement
agreement, or a consent order. The Commission may approve or reject
the agreement. If the Commission rejects the agreement, the respondent
has a right to a hearing on the disciplinary matter before the Judicial
Branch Certification Commission per subsection (d) of this section.
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