| (a) Professional Misconduct Finding. On a determination
by the Commission that a license holder or applicant for a license
has committed professional misconduct in accordance with the definition
provided in §651.202 of this subchapter (relating to Definitions)
and under Article 38.01, Code of Criminal Procedure or violated Article
38.01, Code of Criminal Procedure, or a rule or order of the Commission,
the Commission may:
(1) revoke or suspend the person's license;
(2) refuse to renew the person's license;
(3) reprimand the license holder; or
(4) deny the person a license.
(b) Probation. The Commission may place on probation
a person whose license is suspended. If a license suspension is probated,
the Commission may require the license holder to:
(1) report regularly to the Commission on matters that
are the basis of the probation; or
(2) continue or review continuing professional education
until the license holder attains a degree of skill satisfactory to
the Commission in those areas that are the basis of the probation.
(c) Factors in Determining Possible Adverse Action.
(1) In determining the appropriate disciplinary action
against a license holder or in assessing whether a prospective applicant
must be granted a license, the Commission may consider the following
factors:
(A) the seriousness of the violation;
(B) the individual's disciplinary history;
(C) the harm or potential harm to the laboratory or
criminal justice system as a whole;
(D) attempted concealment of the act by the individual;
(E) any other relevant factors.
(2) The Commission considers the following factors
in determining whether a less severe or less restrictive disciplinary
action is warranted:
(A) candor in addressing the violation, including self-reported
and voluntary admissions of the misconduct or violation;
(B) acknowledgement of wrongdoing and willingness to
cooperate with the Commission;
(C) changes made by the individual to ensure compliance
and prevent future misconduct;
(D) rehabilitative potential;
(E) other relevant circumstances reducing the seriousness
of the misconduct; or
(F) other relevant circumstances lessening responsibility
for the misconduct.
(3) The license holder or license applicant will have
the burden to present evidence regarding any mitigating factors that
may apply.
(4) This rule will not be construed to deny any licensee
or applicant subject to disciplinary action by the Commission the
right to introduce mitigating evidence in a hearing before the Judicial
Branch Certification Commission. This rule also will not be construed
to deny the Texas Forensic Science Commission the right to introduce
any evidence supporting any of the factors described above in a hearing
before the Judicial Branch Certification Commission.
(d) A license holder has a right to notice and appeal
to the Judicial Branch Certification Commission as described in Subchapter
E of this chapter.
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| Source Note: The provisions of this §651.216 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective July 15, 2019, 44 TexReg 3549; amended to be effective September 15, 2019, 44 TexReg 4875; amended to be effective February 1, 2021, 46 TexReg 838; amended to be effective February 25, 2024, 49 TexReg 877 |
