37 Tex. Admin. Code § 651.104

Current through Reg. 49, No. 25; June 21, 2024
Section 651.104 - Withdrawal or Suspension of Commission Accreditation for Statute or Rule Violation
(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.

37 Tex. Admin. Code § 651.104

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 by Texas Register, Volume 40, Number 51, December 18, 2015, TexReg 9307, eff. 12/24/2015; Amended by Texas Register, Volume 45, Number 34, August 21, 2020, TexReg 5931, eff. 8/26/2020; Amended by Texas Register, Volume 49, Number 07, February 16, 2024, TexReg 0878, eff. 2/25/2024