1. (a) The Commission may take disciplinary action against a license holder or applicant for a license under certain limited circumstances as set forth in Article 38.01, Code of Criminal Procedure.

2. (b) Professional Misconduct Finding. On a determination by the Commission that a license holder or applicant for a license has committed professional misconduct in accordance with the definition provided in §651.202 of this subchapter and under Article 38.01, Code of Criminal Procedure or violated Article 38.01, Code of Criminal Procedure, or a rule or order of the Commission under Article 38.01, Code of Criminal Procedure, the Commission may:

   1. (1) revoke or suspend the person's license;
   2. (2) refuse to renew the person's license;
   3. (3) reprimand the license holder; or
   4. (4) deny the person a license.

3. (c) Probation. The Commission may place on probation a person whose license is suspended. If a license suspension is probated, the Commission may require the license holder to:

   1. (1) report regularly to the Commission on matters that are the basis of the probation; or
   2. (2) continue or review continuing professional education until the license holder attains a degree of skill satisfactory to the Commission in those areas that are the basis of the probation.
4. (d) State Office of Administrative Hearings. Disciplinary proceedings of the Commission are governed by Chapter 2001, Government Code. A hearing under this section shall be conducted by an administrative law judge of the State Office of Administrative Hearings.
5. (e) State Office of Administrative Hearings procedural rules governed by Chapter 2001, Government Code apply to the extent not inconsistent with Commission rules in this subchapter.
6. (f) Proposals for decision issued by a State Office of Administrative Hearings judge shall be considered by the Commission to be proposals for final decision and either adopted, changed or reversed by the Commission to the extent permitted by Chapter 2001, Government Code.
7. (g) Procedure for Opportunity for Hearing and Participation and Notice of Disciplinary Action. If revocation, suspension, reprimand, refusal to renew or probation of a Forensic Analyst License is proposed by the Commission based on subsection (b) of this section, the Commission shall, within ten business (10) days, give written notice of the basis of the proposal and state that the licensee or applicant must request, in writing, a hearing within thirty (30) business days of receipt of the notice, or the right to a hearing shall be waived and the disciplinary action stands.

8. (h) Notice of Hearing; Contents. The Commission shall provide timely notice of any scheduled hearing related to disciplinary action taken by the Commission to the person or party against which the action is taken. The notice must include:

   1. (1) a statement of the time, place, and nature of the hearing;
   2. (2) a statement of the legal authority and jurisdiction under which the hearing is to be held;
   3. (3) a reference to the particular sections of the statutes and rules involved; and

   4. (4) either;

      1. (A) a short, plain statement of the factual matters asserted; or
      2. (B) an attachment that incorporates by references the factual matters asserted in the complaint or petition filed with the Commission.
9. (i) Limited Statement. If the Commission is unable to state factual matters in detail at the time notice is served, an initial notice may be limited to a statement of the issues involved. On timely written application by a licensee, a more definite and detailed statement of the facts shall be furnished not less than seven (7) days before the date set for the hearing.
10. (j) Right to Counsel. Each party in a contested case is entitled to the assistance of counsel before the Commission. The Commission is not responsible for any legal fees. A party may expressly waive the right to assistance of counsel.
11. (k) Appeals. Any appeals shall be resolved in accordance with Chapter 2001, Government Code.

12. (l) License Status.

    1. (1) If a license holder makes timely and sufficient application for the renewal of a license, the existing license does not expire until the application has been finally determined by the Commission. If the application is denied or the terms of the new license are limited, the existing license does not expire until the last day for seeking review of a Commission decision or a later date fixed by order of the reviewing court.

    2. (2) A revocation, suspension, annulment, or withdrawal of a license is not effective unless, before institution of Commission proceedings:

       1. (A) the Commission gives notice by personal service or by registered or certified mail to the license holder of facts or conduct alleged to warrant the intended action; and
       2. (B) the license holder is given an opportunity to show compliance with all requirements of law for the retention of the license.
    3. (3) A Forensic Analyst License remains valid unless it expires without timely application for renewal, is amended, revoked, suspended, annulled or withdrawn, or the denial of a renewal application becomes final. The term or duration of a license is tolled during the period the license is subjected to judicial review. However, the term or duration of a license is not tolled if, during judicial review, the licensee engages in the activity for which the license was issued.

13. (m) Interpreters for Deaf or Hearing Impaired Parties and Witnesses.

    1. (1) In contested cases, the Commission shall provide an interpreter whose qualifications are approved by the Texas Department of Assistive and Rehabilitative Services to interpret the proceedings for a party or subpoenaed witness who is deaf or hearing impaired.
    2. (2) In this section, "deaf or hearing impaired" means having a hearing impairment, whether or not accompanied by a speech impairment, that inhibits comprehension of the proceedings or communication with others.

14. (n) Informal Disposition of Contested Case. Unless precluded by law, an informal disposition may be made of a contested case by:

    1. (1) stipulation;
    2. (2) agreed settlement;
    3. (3) consent order; or
    4. (4) default.

Source Note:The provisions of this §651.216 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective July 15, 2019, 44 TexReg 3549.