| (B) The American Board of Clinical Chemistry;
(C) The American Board of Criminalistics;
(D) The International Association for Identification;
(E) The Association of Firearm and Toolmark Examiners;
or
(F) The American Board of Forensic Document Examiners;
and
(3) provides written documentation of laboratory-sponsored
training in the subject matter areas addressed by the specific coursework
requirements.
(4) An applicant must request a waiver of specific
coursework requirements and/or minimum education requirements at the
time the application is filed.
(5) An applicant requesting a waiver from specific
coursework requirements and/or minimum education requirements shall
file any additional information needed to substantiate the eligibility
for the waiver with the application. The Commission Director or Designee
shall review all elements of the application to evaluate waiver request(s)
and shall grant a waiver(s) to qualified applicants.
(g) General Forensic Analyst Licensing Exam Requirement.
(1) Exam Requirement. An applicant for a 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 or the Modified 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 or Modified 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 or the Modified 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.
(E) Expiration of Provisional License if Special Dispensation
Exam Unsuccessful. If the 90-day period during which special dispensation
is granted expires before the applicant successfully completes the
exam requirement, the applicant's provisional license expires.
(2) Modified General Forensic Analyst Licensing Exam.
Technicians in any discipline set forth in this subchapter may fulfill
the General Forensic Analyst Licensing Exam requirement by taking
a modified exam administered by the Commission.
(3) Examination Requirements for Promoting Technicians.
If a technician passes the modified General Forensic Analyst Licensing
Exam and later seeks a full Forensic Analyst License, the applicant
must complete the portions of the General Forensic Analyst Exam that
were not tested on the modified exam.
(4) Credit for Pilot Exam. If an individual passes
the Pilot General Forensic Analyst Licensing Exam, regardless of his
or her eligibility status for a Forensic Analyst License at the time
the exam is taken, the candidate has fulfilled the General Forensic
Analyst Licensing Exam Requirement of this section should he or she
later become subject to the licensing requirements and eligible for
a Forensic Analyst License.
(5) Eligibility for General Forensic Analyst Licensing
Exam and Modified General Forensic Analyst Licensing Exam.
(A) Candidates for the General Forensic Analyst Licensing
Exam and Modified General Forensic Analyst Licensing Exam must be
employees of a crime laboratory accredited under Texas law to be eligible
to take the exam.
(B) Student Examinee Exception. A student is eligible
for the General Forensic Analyst Licensing Exam one time if the student:
(i) is currently enrolled in an accredited university
as defined in §651.202 of this subchapter;
(ii) has completed sufficient coursework to be within
24 semester hours of completing the requirements for graduation at
the accredited university at which the student is enrolled; and
(iii) designates an official university representative
who will proctor and administer the exam at the university for the
student.
(h) Proficiency Testing Requirement.
(1) An applicant must be routinely proficiency-tested
in accordance with and on the timeline set forth by the laboratory's
accrediting body proficiency testing requirements.
(2) A signed certification by the laboratory's authorized
representative that the applicant has satisfied the applicable proficiency
testing requirements of the laboratory's accrediting body as of the
date of the analyst's application must be provided on the Proficiency
Testing Certification form provided by the Commission. For applicants
not yet required to be proficiency tested pursuant to the timeline
set forth by the accrediting body, the laboratory's authorized representative
shall so certify on the form provided by the Commission.
(i) License Term and Fee.
(1) A Forensic Analyst License shall expire two years
from the date the applicant is granted a license.
(2) Application Fee. An applicant or licensee shall
pay the following fee(s) as applicable:
(A) Initial Application fee of $220 for Analysts and
$150 for Technicians/Screeners;
(B) Biennial renewal fee of $200 for Analysts and $130
for Technicians/Screeners;
(C) Temporary License fee of $100;
(D) Provisional License fee of $220;
(E) License Reinstatement fee of $220; or
(F) Blanket License fee of $100.
(G) An applicant who is granted a provisional license
and has paid the required fee will not be required to pay an additional
initial application fee if the provisional status is removed within
one year of the date the provisional license is granted.
(j) 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 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.
|
| Source Note: The provisions of this §651.207 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective December 16, 2018, 43 TexReg 7910; amended to be effective April 23, 2019, 44 TexReg 2057 |
