| (a) Forensic Analyst and Forensic Technician License
Expiration.
(1) When a Forensic Analyst or a Forensic Technician
fails to renew his or her license on or before the last day of the
license term, the license is considered inactive. The inactive status
shall begin on the day immediately following the last day of the license
term.
(2) A license that is deemed inactive based on failure
to renew may be reinstated within the ninety (90) day period following
the last day of the license term. When a Forensic Analyst or Technician
fails to renew by the 90th day after the last day of the license term,
the license status shall change from inactive to expired.
(b) Notice of License Status Based on Failure to Renew.
Within fifteen (15) days of the last day of the license term when
the license has not been renewed, the Commission shall notify the
licensee in writing of the change in license status to inactive. If
the inactive license is not renewed within ninety (90) days of the
last day of the license term and is therefore deemed expired, the
Commission shall notify the licensee in writing of the change in license
status from inactive to expired. Notice is not required where the
Commission obtains confirmation in writing from the Forensic Analyst
or Technician that he or she does not intend to renew his or her license.
(c) The Commission may reinstate an inactive or expired
Forensic Analyst or Technician License upon fulfillment of the following
requirements by the licensee:
(1) payment of a $220 license reinstatement fee;
(2) updating of current continuing forensic education
requirements status with the Commission; and
(3) completion of a form demonstrating that except
for making proper application, the Forensic Analyst or Technician
was eligible for licensure by the Commission during the period the
license was inactive due to failure to renew.
(d) Additional Requirements for Expired Licenses. Once
a license has expired, the following requirements must be fulfilled
before the license is reinstated:
(1) Successful completion of the General Forensic Analyst
Licensing Exam Requirement as described in §651.207(g) of this
subchapter (relating to Forensic Analyst Licensing Requirements Including
License Term, Fee and Procedure for Denial of Application and Reconsideration).
(2) Fulfillment of current specific coursework requirements
applicable to the forensic discipline as described in §651.207(d)
of this subchapter.
(e) Exception for Licensees Who Change Roles or Experience
a Gap in Employment by an Accredited Laboratory. A licensee who changes
roles to a position that does not require a license or who experiences
a gap in employment at an accredited laboratory for reasons other
than professional misconduct, may notify the Commission by submitting
a Declaration of Inactivity form; a licensee whose license is inactive
due to a role change or gap in employment shall not be subject to
the reinstatement requirements of this section should the licensee
seek to reestablish licensure in the future.
(f) Specific Coursework and Minimum Education Requirements
to Reinstate an Inactive License. A Forensic Analyst or Technician
reinstating an inactive license under this section is subject to specific
coursework and minimum education requirements in place at the time
the Commission initially granted his or her license.
(1) Application Review. The Commission Director or
Designee must review each completed application and determine whether
the applicant meets the qualifications and requirements set forth
in this subchapter.
(2) Denial of Application. The Commission, through
its Director or Designee, may deny an 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 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.
(g) Procedure for Denial of Application and Reconsideration.
(1) Application Review. The Commission Director or
Designee must review each completed application and determine whether
the applicant meets the qualifications and requirements set forth
in this subchapter.
(2) Denial of Application. The Commission, through
its Director or Designee, may deny an 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 application.
(4) Request for Reconsideration. The applicant may
request that the Commission reconsider the denial on or before the
20th day after the applicant receives notice from the Commission.
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 written request for reconsideration where the applicant
may appear and present testimony at its next meeting following the
request if the requests is received at least 15 business days prior
to the Commission's next scheduled quarterly meeting. Otherwise, the
Commission must consider a written request for reconsideration at
its second quarterly meeting following the request.
(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 on or before the fifteenth day after the meeting
in which the Commission rendered its final decision.
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| Source Note: The provisions of this §651.209 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective February 1, 2021, 46 TexReg 837; amended to be effective October 24, 2021, 46 TexReg 7077; amended to be effective March 19, 2024, 49 TexReg 1498 |
