2023 Texas Statutes › Code of Criminal Procedure › Title 1 - Code of Criminal Procedure › Chapter 38 - Evidence in Criminal Actions › Article 38.01. Texas Forensic Science Commission › Section 4-c. Disciplinary Action

Sec. 4-c.  DISCIPLINARY ACTION.  (a)  On a determination by the commission that a license holder or crime laboratory has committed professional negligence or professional misconduct under this article, violated the code of professional responsibility under this article, or otherwise violated this article or a rule or order of the commission under this article, the commission may, as applicable:
(1)  revoke or suspend the person's license or crime laboratory's accreditation;
(2)  refuse to renew the person's license or crime laboratory's accreditation; or
(3)  reprimand the license holder or crime laboratory.
(b)  The commission may place on probation a person whose license is suspended.  If a license suspension is probated, the commission may require the license holder to:
(1)  report regularly to the commission on matters that are the basis of the probation; or
(2)  continue or review continuing professional education until the license holder attains a degree of skill satisfactory to the commission in those areas that are the basis of the probation.
(c)  The commission shall give written notice by certified mail of a determination described by Subsection (a) to the applicable license holder or crime laboratory.  The notice must:
(1)  include a brief summary of the alleged negligence, misconduct, or violation;
(2)  state the disciplinary action taken by the commission; and
(3)  inform the license holder or crime laboratory of the license holder's or crime laboratory's right to a hearing before the Judicial Branch Certification Commission on the occurrence of the negligence, misconduct, or violation, the imposition of a disciplinary action, or both.
(d)  Not later than the 20th day after the date the license holder or crime laboratory receives the notice under Subsection (c), the license holder or crime laboratory may accept the disciplinary action or request a hearing by submitting a written request to the Judicial Branch Certification Commission to contest the findings of fact or conclusions of law, the occurrence of the negligence, misconduct, or violation, or the imposition of a disciplinary action, as applicable.  If the license holder or crime laboratory fails to timely submit a request, the commission's disciplinary action becomes final and is not subject to review by the Judicial Branch Certification Commission.
(e)  If the license holder or crime laboratory requests a hearing, the Judicial Branch Certification Commission shall conduct a hearing to determine whether there is substantial evidence to support the determination under Subsection (a) that the negligence, misconduct, or violation occurred.  If the Judicial Branch Certification Commission upholds the determination, the Judicial Branch Certification Commission shall determine the type of disciplinary action to be taken.  The Judicial Branch Certification Commission shall conduct the hearing, and any appeal of that commission's decision, in accordance with the procedures provided by Subchapter B, Chapter 153, Government Code, as applicable, and the rules of the Judicial Branch Certification Commission.