Section 651.102 - Audit of Quality Assurance Matters(a) 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.(b) If the Commission determines there is reasonable cause to believe a laboratory has failed to maintain quality assurance standards as required by its recognized accrediting body, or has otherwise engaged in acts or omissions 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) direct the laboratory to conduct an internal audit and implement appropriate corrective action;(2) order the laboratory to obtain, at its own expense, an external audit by a a subject matter expert approved by the Commission and the laboratory's recognized accrediting body and provide the expert's report to the Commission within a reasonable time frame determined by the Commission;(3) initiate an evaluation of continued accreditation; or(4) any other actions deemed appropriate by the Commission.(c) An audit under this subchapter must comply with minimum standards for audits or inspections as established by the Commission.(d) A laboratory, facility, or entity that must be accredited under Code of Criminal Procedure, Article 38.01 §4-d must, 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.(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.37 Tex. Admin. Code § 651.102
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 by Texas Register, Volume 40, Number 51, December 18, 2015, TexReg 9307, eff. 12/24/2015; Amended by Texas Register, Volume 45, Number 34, August 21, 2020, TexReg 5931, eff. 8/26/2020; Amended by Texas Register, Volume 49, Number 07, February 16, 2024, TexReg 0878, eff. 2/25/2024