1. (a) Issuance and renewal. The director may issue or renew provisional accreditation under this section.

2. (b) Application. An applicant for provisional DPS accreditation shall complete and submit a current form LAB-5 as referenced in §28.127(b) of this subchapter (relating to Full DPS Accreditation) and attach copies of the following:

   1. (1) the application for accreditation by an accrediting body recognized by the director under this subchapter;
   2. (2) the initial audit, inspection, or review report from an independent auditor based on the standards of the recognized accrediting body;
   3. (3) a full response in writing to the initial audit, inspection, or review report described in paragraph (2) of this subsection; and
   4. (4) each document provided by the recognized accrediting body that identifies the discipline or subdiscipline for which the laboratory seeks accreditation.
3. (c) Additional information. The director may require additional information to properly evaluate the application either as part of the original application or as supplemental information.

4. (d) Reports to director.

   1. (1) The laboratory shall request that the recognized accrediting body provide the director with a copy of each audit, inspection, or review report conducted before full DPS accreditation.
   2. (2) A laboratory shall provide the director with a copy of correspondence and each report or communication between the laboratory and the recognized accrediting body. The laboratory shall submit the copy to the director no later than 10 business days after the date the laboratory receives or transmits the correspondence, report, or communication.
   3. (3) A laboratory that discontinues a specific forensic discipline, subdiscipline, or procedure shall submit written notification to the director at least 10 business days before the effective date of the discontinuation.

5. (e) Second sample required. A laboratory with provisional DPS accreditation under this section must:

   1. (1) preserve one or more separate samples of the physical evidence for use by the defense attorney or use under order of the convicting court; and
   2. (2) agree to preserve, and preserve those samples until all appeals in the case are final.

Source Note:The provisions of this §28.128 adopted to be effective December 17, 2003, 28 TexReg 10954.