Current with changes from the 2024 Legislative Session
Section 17-2A-09 - Denial, suspension, revocation, or limitation of license(a) The Secretary may deny a license to an applicant or suspend, revoke, or limit a license or the authority of a licensee to offer or perform tests that a license sets forth, if the forensic laboratory or its director or other personnel fail to meet the standards and requirements of this subtitle.(b)(1) If the Secretary finds that a forensic laboratory licensed under this subtitle no longer meets the standards and requirements of this subtitle, the Secretary may: (i) Revoke the license of the forensic laboratory; or(ii) Suspend the license of the forensic laboratory.(2) If a deficiency exists, the Secretary may:(i) Impose a directed plan of correction;(ii) Regularly inspect the forensic laboratory to assure compliance with the directed plan of correction; or(iii) Limit the testing authorized by the license.(c) If the Secretary finds that a forensic laboratory provided erroneous or questionable test results, the Secretary may order the laboratory to provide written notification to: (1) The person or agency that ordered the tests;(2) The Office of the Public Defender or counsel of record; and(3) The State's Attorney.(d) A State's Attorney who receives notification from a laboratory under subsection (c) of this section shall notify the victim of the criminal act or the victim's representative of the erroneous or questionable test results.(e) A forensic laboratory that fails to comply with an order issued by the Secretary under subsection (c) of this section is subject to a civil penalty of up to $1,000 for each day of noncompliance after the deadline for compliance stated in the Secretary's order, not to exceed a maximum penalty of $50,000.(f) Except as otherwise provided in the Administrative Procedure Act, before the Secretary denies, suspends, or revokes a license, or imposes a civil penalty under this section, the Secretary shall give the applicant or licensee notice and an opportunity for a hearing.