1. (a) If the director determines that there is reasonable cause to believe that 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 violated any rule in this chapter, the director 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 laboratory's recognized accrediting body and provide that report to the director within a reasonable time frame determined by the director not to exceed 60 days from the date of the order;
   3. (3) notify the laboratory that further testing is not approved by DPS;
   4. (4) initiate an evaluation of continued accreditation under Subchapter I of this chapter (relating to Accreditation); or
   5. (5) provide appropriate compliance information to the Texas Forensic Science Commission and/or any entity that may be responsible for oversight of the laboratory; or
   6. (6) any other actions deemed appropriate by the director.
2. (b) An audit under this subsection shall comply with minimum standards for audits or inspections as established by the director of the department's Crime Laboratory Service.
3. (c) The director of the department may enter an accredited laboratory at any reasonable time to conduct an inspection or audit under this chapter.

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.