If a sample has been erroneously taken from an individual that is not required by statute to provide a sample, the agency collecting the sample shall provide a formal request to the director asking that the sample be destroyed. Prior to destruction, a check of the offender's criminal history will be conducted to verify that there are no qualifying offenses. If an individual is determined to have a qualifying offense, and a satisfactory sample has not been previously submitted, the agency will be notified that the sample is being retained. If there are no qualifying offenses, the sample and its associated records will be removed, and the collecting agency notified of the removal. Communications may be made as detailed in §28.109 of this title (relating to CODIS Communications).

Source Note: The provisions of this §28.30 adopted to be effective April 30, 2007, 32 TexReg 2371; amended to be effective June 1, 2010, 35 TexReg 4435