| (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.
(6) Special Proficiency Testing Requirements for Latent
Print Analysts.
(A) Where available and appropriate for the job function(s)
being tested, proficiency tests shall be obtained from an external
source through participation in a proficiency testing program offered
by a provider accredited to the ISO/IEC 17043 international standard.
(B) Where not available or not appropriate for the
job function(s) being tested, proficiency tests may be obtained from
an external source through participation in an interlaboratory comparison
or developed internally by the employing laboratory or entity through
participation in an interlaboratory comparison or intralaboratory
comparison.
(C) All latent print examiner proficiency tests selected
shall be developed and validated in accordance with the requirements
set forth in Sections 4.2 and 4.3 of the Organization of Scientific
Area Committees for Forensic Science (OSAC) 2022-S-0012 Friction Ridge
Subcommittee's Standard for Proficiency Testing in Friction Ridge
Examination.
(i) Employing Laboratory Quality Requirement for Forensic
Analysts. Applicants for a forensic analyst license under this section
must be employed by a laboratory or agency that can demonstrate, regardless
of Commission accreditation status, compliance with specific standards
as applicable to the applicant's forensic discipline as published
on the Commission's website and updated January 15 of each calendar
year.
(j) License Term and Fee.
(1) A Forensic Analyst license issued under this
section shall expire two years from the date the applicant is
granted a license.
(2) Application Fee. A Forensic Analyst license applicant
or current licensee under this section 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.
(k) Forensic Analyst License Renewal. Renewal of a
Forensic Analyst License. Applicants for renewal of a Forensic Analyst
License must comply with §651.208 (Forensic Analyst and Forensic
Technician License Renewal) of this subchapter.
(l) Forensic Analyst License Expiration and Reinstatement.
Expiration and Reinstatement of a Forensic Analyst License. A Forensic
Analyst must comply with §651.209 of this subchapter (Forensic
Analyst and Forensic Technician License Expiration and Reinstatement).
(m) 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 under this section 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 §651.222 adopted to be effective July 10, 2022, 47 TexReg 3822; amended to be effective November 9, 2022, 47 TexReg 7425; amended to be effective April 16, 2023, 48 TexReg 1968 |
