(a) Forensic Analyst and Forensic Technician License Expiration.      
        (1) When a Forensic Analyst or a Forensic Technician fails to renew his or her license on or before the last day of the license term, the license is considered inactive. The inactive status shall begin on the day immediately following the last day of the license term.       
        (2) A license that is deemed inactive based on failure to renew may be reinstated within the ninety (90) day period following the last day of the license term. When a Forensic Analyst or Technician fails to renew by the 90th day after the last day of the license term, the license status shall change from inactive to expired.       
      (b) Notice of License Status Based on Failure to Renew. Within fifteen (15) days of the last day of the license term when the license has not been renewed, the Commission shall notify the licensee in writing of the change in license status to inactive. If the inactive license is not renewed within ninety (90) days of the last day of the license term and is therefore deemed expired, the Commission shall notify the licensee in writing of the change in license status from inactive to expired. Notice is not required where the Commission obtains confirmation in writing from the Forensic Analyst or Technician that he or she does not intend to renew his or her license.     
      (c) The Commission may reinstate an inactive or expired Forensic Analyst or Technician License upon fulfillment of the following requirements by the licensee:      
        (1) payment of a $220 license reinstatement fee;       
        (2) updating of current continuing forensic education requirements status with the Commission; and       
        (3) completion of a form demonstrating that except for making proper application, the Forensic Analyst or Technician was eligible for licensure by the Commission during the period the license was inactive due to failure to renew.       
      (d) Additional Requirements for Expired Licenses. Once a license has expired, the following requirements must be fulfilled before the license is reinstated:      
        (1) Successful completion of the General Forensic Analyst Licensing Exam Requirement as described in §651.207(g) of this subchapter (relating to Forensic Analyst Licensing Requirements Including License Term, Fee and Procedure for Denial of Application and Reconsideration).       
        (2) Fulfillment of current specific coursework requirements applicable to the forensic discipline as described in §651.207(d) of this subchapter.       
      (e) Exception for Licensees Who Change Roles or Experience a Gap in Employment by an Accredited Laboratory. A licensee who changes roles to a position that does not require a license or who experiences a gap in employment at an accredited laboratory for reasons other than professional misconduct, may notify the Commission by submitting a Declaration of Inactivity form; a licensee whose license is inactive due to a role change or gap in employment shall not be subject to the reinstatement requirements of this section should the licensee seek to reestablish licensure in the future.     
      (f) Specific Coursework and Minimum Education Requirements to Reinstate an Inactive License. A Forensic Analyst or Technician reinstating an inactive license under this section is subject to specific coursework and minimum education requirements in place at the time the Commission initially granted his or her license.      
        (1) Application Review. The Commission Director or Designee must review each completed application and determine whether the applicant meets the qualifications and requirements set forth in this subchapter.       
        (2) Denial of Application. The Commission, through its Director or Designee, may deny an application if the applicant fails to meet any of the qualifications or requirements set forth in this subchapter.       
        (3) Notice of Denial. The Commission, through its Director or Designee, shall provide the applicant a written statement of the reason(s) for denial of the application.       
        (4) Request for Reconsideration. Within twenty (20) days of the date of the notice that the Commission has denied the application, the applicant may request that the Commission reconsider the denial. The request must be in writing, identify each point or matter about which reconsideration is requested, and set forth the grounds for the request for reconsideration.       
        (5) Reconsideration Procedure. The Commission must consider a request for reconsideration at its next meeting where the applicant may appear and present testimony.       
        (6) Commission Action on Request. After reconsidering its decision, the Commission may either affirm or reverse its original decision.       
        (7) Final Decision. The Commission, through its Director or Designee, must notify the applicant in writing of its decision on reconsideration within fifteen (15) business days of the date of its meeting where the final decision was rendered.       
      (g) Procedure for Denial of Application and Reconsideration.      
        (1) Application Review. The Commission Director or Designee must review each completed application and determine whether the applicant meets the qualifications and requirements set forth in this subchapter.       
        (2) Denial of Application. The Commission, through its Director or Designee, may deny an application if the applicant fails to meet any of the qualifications or requirements set forth in this subchapter.       
        (3) Notice of Denial. The Commission, through its Director or Designee, shall provide the applicant a written statement of the reason(s) for denial of the application.       
        (4) Request for Reconsideration. The applicant may request that the Commission reconsider the denial on or before the 20th day after the applicant receives notice from the Commission. The request must be in writing, identify each point or matter about which reconsideration is requested, and set forth the grounds for the request for reconsideration.       
        (5) Reconsideration Procedure. The Commission must consider a written request for reconsideration where the applicant may appear and present testimony at its next meeting following the request if the requests is received at least 15 business days prior to the Commission's next scheduled quarterly meeting. Otherwise, the Commission must consider a written request for reconsideration at its second quarterly meeting following the request.       
        (6) Commission Action on Request. After reconsidering its decision, the Commission may either affirm or reverse its original decision.       
        (7) Final Decision. The Commission, through its Director or Designee, must notify the applicant in writing of its decision on reconsideration on or before the fifteenth day after the meeting in which the Commission rendered its final decision.       
     Source Note:        The provisions of this §651.209 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective February 1, 2021, 46 TexReg 837; amended to be effective October 24, 2021, 46 TexReg 7077; amended to be effective March 19, 2024, 49 TexReg 1498