Md. Code Regs. 10.51.03.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.51.03.03 - License - Administrative Procedures

A. Application - Filing.

(1) A person shall:

(a) Apply for a license for each forensic laboratory location;

(b) File an application for a license using written or electronic forms provided by the Department; and

(c) Include in the application a description of forensic laboratory services, which includes but is not limited to:

(i) Types of forensic analyses performed or to be performed;

(ii) Total number of individuals who perform forensic analyses for each forensic science discipline; and

(iii) Qualifications of employees who direct, supervise, and perform forensic analyses.

(2) The forensic laboratory director shall sign the application forms attesting that the:

(a) Information provided in the application is accurate; and

(b) Forensic laboratory is or will be operated in accordance with the requirements and standards set forth in this subtitle.

B. Application - Evaluation and Billing. The Department shall review and evaluate an application in accordance with the standards and requirements of this subtitle to determine if the:

(1) Application is complete; and

(2) Forensic laboratory is eligible for a license.

C. Application - Denial of License. If the Department determines that a forensic laboratory is not in compliance with the requirements of this subtitle and therefore cannot be issued a license, the Department shall provide to the forensic laboratory:

(1) A written statement of the grounds on which the denial is based; and

(2) The opportunity to:

(a) Amend and resubmit the application; or

(b) Request, in writing, an opportunity for a hearing as provided in the Administrative Procedure Act, State Government Article, §§ 10-201 -10-226, and Health-General Article, § 17-2 A-09, Annotated Code of Maryland.

D. Notification Requirements. A licensee shall notify the Department within 30 days of a change in forensic laboratory:

(1) Ownership;

(2) Name;

(3) Location; or

(4) Director.

E. Amending a License. Except as prescribed in §D of this regulation, a licensee holding an unexpired license who wishes to have a permit amended shall:

(1) Submit a written request to amend the license to the Department;

(2) Remit to the Department a $50 relicensing fee; and

(3) Obtain written approval from the Department before implementing the change to the forensic laboratory's operation or forensic analysis that is affected by the amendment.

F. Expiration and Renewal.

(1) A license expires on the date shown on the license.

(2) The Department shall provide a renewal application to a forensic laboratory not less than 30 days before the expiration date shown on the license.

(3) In order to renew a license, a licensee shall file an application to renew the license using written or electronic forms provided by the Department and following the same procedures prescribed in §§A and B of this regulation.

(4) A licensee who fails to submit a completed renewal application before the expiration date may not operate the forensic laboratory after the permit expiration date.

G. Non-Transferability. A license is not transferable.

H. Addition of a New Discipline, Subdiscipline, or Forensic Analysis.

(1) A licensee shall:

(a) Apply for a provisional license for each new discipline, subdiscipline, or forensic analysis the licensee wishes to perform;

(b) File an application for a provisional license using forms provided by the Department;

(c) Include in the application a description of each new discipline, subdiscipline, or forensic analysis; and

(d) Make payment of any fees associated with each new addition.

(2) A licensee shall provide documentation of:

(a) Validation for the new discipline, subdiscipline, or forensic analysis; and

(b) Completion of training to include competency tests, and if applicable, proficiency tests of individuals who perform analyses within each new discipline, subdiscipline, or forensic analysis.

(3) An accredited licensee shall be subject to review by the Department until the new discipline, subdiscipline, or forensic analysis is accredited.

Md. Code Regs. 10.51.03.03

Regulation .03 amended effective 43:17 Md. R. 953, eff. 8/29/2016; amended effective 44:5 Md. R. 292, eff. 3/13/2017