1. (a) Withdrawal for Violation. The Commission by a majority vote of a quorum of Commission members, may withdraw accreditation for a laboratory, discipline, or subdiscipline if the laboratory:

   1. (1) violates this chapter;
   2. (2) fails to respond meaningfully within five business days to a letter issued by the Commission under this subchapter;
   3. (3) fails to timely submit to an audit required under this subchapter; or
   4. (4) fails to allow or substantially interferes with an inspection or audit conducted under this subchapter.

2. (b) Withdrawal Pursuant to a Finding or Recommendation from an Audit or Commission Investigation. The Commission by a majority vote of a quorum of Commission members, may withdraw accreditation for a laboratory, discipline, or subdiscipline if the Commission determines the integrity, reliability, or validity of the laboratory, discipline, or forensic analysis can no longer be ensured pursuant to a finding or recommendation that resulted from:

   1. (1) an audit conducted under §651.102 of this subchapter (relating to Commission Audit); or
   2. (2) an investigation by the Commission pursuant to Code of Criminal Procedure, Article 38.01 §4.

Source Note:The provisions of this §651.104 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.