1. (a) Issuance and renewal. The director may issue provisional accreditation under this section that is non-renewable for that discipline, subdiscipline, or procedure.

2. (b) Application. An applicant for provisional DPS accreditation shall complete and submit to the director a current form LAB-5 as referenced in §28.148(b) of this title (relating to Full DPS Accreditation) and attach copies of the following:

   1. (1) the application for accreditation by a recognized accrediting body;
   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) Provisional-Interim. If a laboratory is in good standing with its accrediting body and has made application to renew or replace its accreditation, the laboratory may apply for Provisional DPS Accreditation if necessary to cover a period between times that it qualifies for full DPS accreditation. For this Provisional DPS Accreditation, the laboratory may complete and submit to the director a current form LAB-5 as referenced in §28.148(b) of this title and attach copies of the following:

   1. (1) the application for accreditation by a recognized accrediting body; and
   2. (2) each document provided by the recognized accrediting body that identifies the discipline or sub-discipline for which the laboratory seeks accreditation.
4. (d) Additional information. The director may require additional information to properly evaluate the application either as part of the original application or as supplemental information.

5. (e) 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 30 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 30 days before the effective date of the discontinuation.

6. (f) 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 criminal case are final.

Source Note:The provisions of this §651.9 adopted to be effective June 1, 2010, 35 TexReg 4438; transferred effective September 1, 2015, as published in the Texas Register July 31, 2015, 40 TexReg 4907.