(a) Withdrawal or Suspension for Violation. The Commission by a majority vote of a quorum of Commission members may withdraw or suspend accreditation of a laboratory, discipline, or subdiscipline if the laboratory:
  (1) violates article 38.01 of the Code of Criminal Procedure;
  (2) fails to respond meaningfully within five business days to a letter issued by the Commission under this subchapter;
  (3) fails to timely submit to an audit or other internal or external review required under this subchapter;
  (4) fails to allow or substantially interferes with an inspection or audit conducted under this subchapter; or
  (5) violates the code of professional responsibility set forth in subchapter C, §651.219.
(b) Withdrawal or Suspension 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 or suspend the 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) an audit by a subject matter expert conducted under §651.102 of this subchapter (relating to Audit of Quality Assurance Matters); or
  (2) any other investigation by the Commission pursuant to this chapter or the 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; amended to be effective February 25, 2024, 49 TexReg 877