SECTION 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.

Source Note: 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 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