37 Tex. Admin. Code § 651.101 - Process for Initiating Accreditation-Related Actions

(a) If the Commission learns of a fact or circumstance from a laboratory's recognized accrediting body, or receives a third-party complaint regarding the reliability of a laboratory, or the validity of a procedure, examination, or test conducted by the laboratory since the date of application for Commission accreditation, the Commission may take any of the following actions:

(1) coordinate with the laboratory's recognized accrediting body regarding information needed to address the issue(s) and any additional steps to facilitate resolution of the issue(s);

(2) refer the matter to the laboratory's director for evaluation, audit, correction, or other appropriate action;

(3) initiate an audit under § 651.102 of this title (relating to Audit);

(4) issue a letter to the laboratory:

(A) requesting an immediate response and explanation of the matter;

(B) requiring the laboratory permit or arrange for an immediate inspection or audit of the matter; or

(C) explaining the action to be taken by the Commission in the matter;

(5) notify a law enforcement agency or prosecutor with jurisdiction; and

(6) any other actions deemed appropriate by the Commission.

(b) Records. The Commission may maintain a public record of a laboratory's accreditation or approval status.

(1) The Commission may maintain in the public record a notation of an action taken under this subchapter, including a question, complaint or audit.

(2) A question, complaint, or audit is public information when in the possession of the Commission, except as provided by the Code of Criminal Procedure Article 38.01 §10 or other applicable law.

Notes

37 Tex. Admin. Code § 651.101

The provisions of this §651.101 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 by Texas Register, Volume 40, Number 51, December 18, 2015, TexReg 9307, eff. 12/24/2015; Amended by Texas Register, Volume 45, Number 34, August 21, 2020, TexReg 5931, eff. 8/26/2020; Amended by Texas Register, Volume 49, Number 07, February 16, 2024, TexReg 0878, eff. 2/25/2024