(a) Issuance and renewal. The Commission may issue provisional accreditation under this section that is non-renewable for that discipline, category of analysis, or procedure.
(b) Application. An applicant for provisional Commission accreditation shall complete and submit to the Commission a current Laboratory Accreditation Form as referenced in §651.8(b) of this subchapter (relating to Full Commission Accreditation) and attach copies of the following:
  (1) the application for accreditation by a recognized accrediting body;
  (2) the initial audit, inspection, or review report from an independent auditor based on the standards of the recognized accrediting body;
  (3) a full response in writing to the initial audit, inspection, or review report described in paragraph (2) of this subsection; and
  (4) each document provided by the recognized accrediting body that identifies the discipline or category of analysis for which the laboratory seeks accreditation.
(c) Provisional-Interim. If a laboratory is in good standing with its accrediting body and has made application to renew or replace its accreditation, the laboratory may apply for Provisional Commission Accreditation if necessary to cover a period between times that it qualifies for full Commission accreditation. For this Provisional Commission Accreditation, the laboratory may complete and submit to the Commission a current Laboratory Accreditation Form as referenced in §651.8(b) of this subchapter and attach copies of the following:
  (1) the application for accreditation by a recognized accrediting body; and
  (2) each document provided by the recognized accrediting body that identifies the discipline or sub-discipline for which the laboratory seeks accreditation.
(d) Additional information. The Commission may require additional information to properly evaluate the application either as part of the original application or as supplemental information.
(e) Reports to the Commission.
  (1) The laboratory shall request that the recognized accrediting body provide the Commission with a copy of each audit, inspection, or review report conducted before full Commission accreditation.
  (2) A laboratory shall provide the Commission with a copy of correspondence and each report or communication between the laboratory and the recognized accrediting body. The laboratory shall submit the copy to the Commission no later than 30 days after the date the laboratory receives or transmits the correspondence, report, or communication.
  (3) A laboratory that discontinues a specific forensic discipline, category of analysis, or procedure shall submit written notification to the Commission at least 30 days before the effective date of the discontinuation.
(f) Second sample required. A laboratory with provisional Commission accreditation under this section must:
  (1) preserve one or more separate samples of the physical evidence for use by the defense attorney or use under order of the convicting court; and
  (2) agree to preserve, and preserve those samples until all appeals in the criminal case are final.

Source Note: The provisions of this §651.9 adopted to be effective June 1, 2010, 35 TexReg 4438; transferred effective September 1, 2015, as published in the Texas Register July 31, 2015, 40 TexReg 4907; amended to be effective December 24, 2015, 40 TexReg 9305; amended to be effective October 8, 2017, 42 TexReg 5489