1. (a) If the Commission determines there is reasonable cause to believe a laboratory has failed to maintain quality assurance standards as provided under the laboratory's specific policy required by its recognized accrediting body or the FBI DNA Quality Assurance Audit Document, or has engaged in conduct raising questions about the reliability or validity of the forensic analysis performed in the laboratory, or has violated any rule in this chapter, the Commission may take appropriate action, including one or more of the following:

   1. (1) direct the laboratory to conduct an internal audit and implement appropriate corrective action;
   2. (2) order the laboratory to obtain, at its own expense, a special external audit by an auditor approved by the Commission and the laboratory's recognized accrediting body and provide that report to the Commission within a reasonable time frame determined by the Commission;
   3. (3) notify the laboratory that further forensic analysis is not approved by Commission;
   4. (4) initiate an evaluation of continued accreditation under Subchapter A of this chapter (relating to Accreditation); or
   5. (5) any other actions deemed appropriate by the Commission.
2. (b) An audit under this subchapter shall comply with minimum standards for audits or inspections as established by the Commission.
3. (c) The Commission may at any reasonable time enter the premises or audit the records, reports, procedures, or other quality assurance matters of a crime laboratory that is accredited or seeking accreditation under this chapter.
4. (d) A laboratory, facility, or entity that must be accredited under Code of Criminal Procedure, Article 38.01 §4-d shall, as part of the accreditation process, agree to consent to any request for cooperation by the Commission that is made as part of the exercise of the Commission's duties under this subchapter.
5. (e) The Commission may require a laboratory, facility, or entity required to be accredited under Code of Criminal Procedure, Article 38.01 §4-d to pay any costs incurred for accrediting, inspecting, or auditing to ensure compliance with the accreditation process.

Source Note:The provisions of this §651.102 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.