1. (a) Question or complaint. If the Commission learns of a fact or circumstance, or receives a third-party complaint regarding the reliability of a laboratory, or the validity of a procedure, examination, or test conducted by the laboratory since the date of application for Commission accreditation, the Commission may take any of the following actions:

   1. (1) if a complaint has been filed, communicate further with the complainant to assess further action is merited;
   2. (2) refer the matter to the laboratory's director for evaluation, audit, correction, or other appropriate action;
   3. (3) initiate an audit under §651.102 of this title (relating to Commission Audit);

   4. (4) issue a letter to the laboratory:

      1. (A) requesting an immediate response and explanation of the matter;
      2. (B) requiring the laboratory permit or arrange for an immediate inspection or audit of the matter; or
      3. (C) explaining the action to be taken by the Commission in the matter;
   5. (5) notify or refer the matter to a law enforcement agency or prosecutor with jurisdiction and recommend appropriate criminal action;
   6. (6) refer the matter to a district judge and recommend appropriate action to convene a court of inquiry under Code of Criminal Procedure, Chapter 52; and
   7. (7) any other actions deemed appropriate by the Commission.
2. (b) Source and scope. A question or complaint may be raised by any source, including an individual, entity, or audit or an investigation by the Commission pursuant to §651.301(a)(3) or (b) of this chapter. The scope of any action taken or proposed by the Commission under this section shall be determined by the Commission, based on the nature of the question or complaint.

3. (c) Records. The Commission may maintain a public record of a laboratory's accreditation or approval status.

   1. (1) The Commission may maintain on the public record a notation of an action taken under this subchapter, including a question, complaint, or audit.
   2. (2) A question, complaint, or audit is public information when in the possession of the Commission, except as provided by Texas Code of Criminal Procedure Article 38.01 §10.

Source Note:The provisions of this §651.101 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 to be effective December 24, 2015, 40 TexReg 9305; amended to be effective August 26, 2020, 45 TexReg 5930.