Section 651.216 - Disciplinary Action(a) Professional Misconduct Finding. On a determination by the Commission that a license holder or applicant for a license has committed professional misconduct in accordance with the definition provided in § 651.202 of this subchapter (relating to Definitions) and under Article 38.01, Code of Criminal Procedure or violated Article 38.01, Code of Criminal Procedure, or a rule or order of the Commission, the Commission may:(1) revoke or suspend the person's license;(2) refuse to renew the person's license;(3) reprimand the license holder; or(4) deny the person a license.(b) Probation. The Commission may place on probation a person whose license is suspended. If a license suspension is probated, the Commission may require the license holder to: (1) report regularly to the Commission on matters that are the basis of the probation; or(2) continue or review continuing professional education until the license holder attains a degree of skill satisfactory to the Commission in those areas that are the basis of the probation.(c) Factors in Determining Possible Adverse Action.(1) In determining the appropriate disciplinary action against a license holder or in assessing whether a prospective applicant must be granted a license, the Commission may consider the following factors: (A) the seriousness of the violation;(B) the individual's disciplinary history;(C) the harm or potential harm to the laboratory or criminal justice system as a whole;(D) attempted concealment of the act by the individual;(E) any other relevant factors.(2) The Commission considers the following factors in determining whether a less severe or less restrictive disciplinary action is warranted:(A) candor in addressing the violation, including self-reported and voluntary admissions of the misconduct or violation;(B) acknowledgement of wrongdoing and willingness to cooperate with the Commission;(C) changes made by the individual to ensure compliance and prevent future misconduct;(D) rehabilitative potential;(E) other relevant circumstances reducing the seriousness of the misconduct; or(F) other relevant circumstances lessening responsibility for the misconduct.(3) The license holder or license applicant will have the burden to present evidence regarding any mitigating factors that may apply.(4) This rule will not be construed to deny any licensee or applicant subject to disciplinary action by the Commission the right to introduce mitigating evidence in a hearing before the Judicial Branch Certification Commission. This rule also will not be construed to deny the Texas Forensic Science Commission the right to introduce any evidence supporting any of the factors described above in a hearing before the Judicial Branch Certification Commission.(d) A license holder has a right to notice and appeal to the Judicial Branch Certification Commission as described in Subchapter E of this chapter.37 Tex. Admin. Code § 651.216
Adopted by Texas Register, Volume 43, Number 19, May 11, 2018, TexReg 3106, eff. 5/16/2018; Amended by Texas Register, Volume 44, Number 28, July 12, 2019, TexReg 3549, eff. 7/15/2019; Amended by Texas Register, Volume 44, Number 36, September 6, 2019, TexReg 4875, eff. 9/15/2019; Amended by Texas Register, Volume 46, Number 05, January 29, 2021, TexReg 0838, eff. 2/1/2021; Amended by Texas Register, Volume 49, Number 07, February 16, 2024, TexReg 0878, eff. 2/25/2024