| (a) Withdrawal or Suspension for Violation. The Commission
by a majority vote of a quorum of Commission members may withdraw
or suspend accreditation of a laboratory, discipline, or subdiscipline
if the laboratory:
(1) violates article 38.01 of the Code of Criminal
Procedure;
(2) fails to respond meaningfully within five business
days to a letter issued by the Commission under this subchapter;
(3) fails to timely submit to an audit or other internal
or external review required under this subchapter;
(4) fails to allow or substantially interferes with
an inspection or audit conducted under this subchapter; or
(5) violates the code of professional responsibility
set forth in subchapter C, §651.219.
(b) Withdrawal or Suspension Pursuant to a Finding
or Recommendation from an Audit or Commission Investigation. The Commission
by a majority vote of a quorum of Commission members, may withdraw
or suspend the accreditation for a laboratory, discipline, or subdiscipline
if the Commission determines the integrity, reliability, or validity
of the laboratory, discipline, or forensic analysis can no longer
be ensured pursuant to a finding or recommendation that resulted from:
(1) an audit by a subject matter expert conducted under §651.102
of this subchapter (relating to Audit of Quality Assurance Matters);
or
(2) any other investigation by the Commission pursuant
to this chapter or the Code of Criminal Procedure, Article 38.01 §4.
|
| Source Note: The provisions of this §651.104 adopted to be effective June 1, 2010, 35 TexReg 4439; transferred effective September 1, 2015, as published in the Texas Register October 9, 2015, 40 TexReg 7109; amended to be effective December 24, 2015, 40 TexReg 9305; amended to be effective August 26, 2020, 45 TexReg 5930; amended to be effective February 25, 2024, 49 TexReg 877 |
