Md. Code Regs. 10.51.05.08

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

Section 10.51.05.08 - Examination and Analysis

A. A licensee shall develop, establish, maintain, implement, and follow examination and analysis procedures.

B. A licensee shall:

(1) Ensure that all evidence is given a unique identifier;

(2) Ensure that, when computers or automated equipment are used for the processing, recording, reporting, storage, or retrieval of examination or analysis data:

(a) Computer software is validated;

(b) Procedures are established and maintained to protect and secure the data; and

(c) Computers and automated equipment are maintained to ensure proper functioning;

(3) Have a policy for securing short-term and long-term storage of documents, evidence, and reports, which includes:

(a) Limited access; and

(b) Environmental controls;

(4) Ensure each individual sub-sample has a unique identifier, when evidentiary samples are subdivided;

(5) Ensure that all positive comparative analyses are verified by a second independent qualified examiner or analyst who has documented expertise in the examination that was performed, and the verification is documented; and

(6) Have a policy for securing evidence that is in the process of being examined or analyzed.

C. Examinations and Analysis by Subcontractors.

(1) All subcontractors shall be licensed as a forensic laboratory in the State, regardless of location, unless a waiver has been obtained for a rare or unique test as required by COMAR 10.51.03.01A(4).

(2) A licensee shall ensure:

(a) The customer who ordered the analyses is notified of the laboratory's intention to subcontract specific services for testing;

(b) All subcontractors issue reports only to the forensic laboratory that ordered the testing; and

(c) All remaining evidence is returned to the forensic laboratory by the subcontractor.

Md. Code Regs. 10.51.05.08