(a) Complaints and self-disclosures will be considered
initially through the CSC. The chair of the CSC must present the complaints
and disclosures before the Commission with a recommendation for disposition.
The CSC may recommend the following dispositions:
(1) dismiss the complaint or disclosure;
(2) accept the complaint or disclosure;
(3) recommend the Commission use its discretion to
review the matter for educational purposes;
(4) recommend no further action by the laboratory is
necessary at this time; or
(5) take such other action as appropriate.
(b) The CSC may assign staff to collect preliminary
information related to a complaint or self-disclosure, including research
into the status of any underlying criminal or civil case and whether
the complaint or self-disclosure addresses a forensic analysis subject
to investigation by the Commission.
(c) An actor named in a complaint or self-disclosure
and the involved accredited laboratory, facility or entity may be
given an opportunity but is not required to provide a written reply,
offering any reasons for or against accepting the complaint or disclosure
for investigation.
(d) The following factors may be considered when a
complaint or self-disclosure is screened by the CSC and considered
by the Commission:
(1) whether the Commission has investigative jurisdiction;
(2) the availability of any actor who conducted any
part of the forensic analysis;
(3) the length of time between the forensic analysis
and the complaint or disclosure;
(4) the availability of records in connection with
the forensic analysis and any associated litigation;
(5) the status of any criminal case or civil litigation
associated with the forensic analysis;
(6) the potential for additional relevant forensic
analysis;
(7) any other factor that would enhance or detract
from a complete and accurate investigation of the forensic analysis
and any alleged negligence or misconduct;
(8) the availability of funds to complete an investigation;
and
(9) the opportunity for the investigation and report
to educate the forensic science community, advance the standards and
training associated with such a forensic analysis or identify legislative
recommendations for strengthening a field of forensic science.
(e) Upon reaching a recommended initial disposition
for a complaint or self-disclosure, the CSC shall provide a summary
of the recommendation to the Commission's presiding officer for presentation
to a quorum of Commissioners.
(f) Following action by the Commission regarding the
disposition of any complaint or self-disclosure, the Commission must
notify the complainant, actor involved in the forensic analysis and
the laboratory, facility, or entity of the disposition.
(g) To ensure thorough consideration of all complaints
and self-disclosures, complainants and laboratories submitting self-disclosures
should make such submissions at least fifteen (15) business days before
a particular quarterly Commission meeting to have the complaint or
self-disclosure considered at that meeting. The Commission reserves
the right to consider any complaint or disclosure that does not meet
the 15-day deadline at the next quarterly meeting.
(h) A Commission member may, by formal motion, request
that the full Commission reconsider a dismissed complaint or disclosure
if the member identifies new evidence of professional negligence or
professional misconduct that was not previously considered by the
Commission. The new evidence may be derived from either:
(1) information in the existing record that the complainant
believes was not considered by the Commission previously; or
(2) new information brought to the Commission's attention
that was not previously considered by the Commission.
(i) A motion described under subsection (h) of this
section may be made only if the Commissioner believes in good faith
that the information will have a material impact on the Commission's
analysis of the complaint or disclosure pursuant to its screening
criteria.
(j) After considering the member's motion, the Commission
must vote to:
(1) affirm the original decision to dismiss the complaint
or self-disclosure; or
(2) re-open the complaint or disclosure.
(k) The Commission must notify the complainant and
the appropriate laboratory, facility or entity in writing of the results
of the Commission's vote under subsection (h) of this section.
(l) The Commission must conduct an appropriate investigation
of a complaint or disclosure reopened under subsection (j)(2) of this
section.
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