Sec. 4-c. DISCIPLINARY ACTION. (a) On a determination by the commission that a license holder has committed professional misconduct under this article or violated this article or a rule or order of the commission under this article, the commission may:
(1) revoke or suspend the person's license;
(2) refuse to renew the person's license; or
(3) reprimand the license holder.
(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 a license holder who is the subject of the determination. The notice must:
(1) include a brief summary of the alleged misconduct or violation;
(2) state the disciplinary action taken by the commission; and
(3) inform the license holder of the license holder's right to a hearing before the Judicial Branch Certification Commission on the occurrence of the misconduct or violation, the imposition of disciplinary action, or both.
(d) Not later than the 20th day after the date the license holder receives the notice under Subsection (c), the license holder may request a hearing by submitting a written request to the Judicial Branch Certification Commission. If the license holder 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 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 license holder committed professional misconduct or violated this article or a commission rule or order under this article. 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 in accordance with the procedures provided by Subchapter B, Chapter 153, Government Code, as applicable, and the rules of the Judicial Branch Certification Commission.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 38 - Evidence in Criminal Actions
Article 38.01. Texas Forensic Science Commission
Section 3-b. Code of Professional Responsibility
Section 4-a. Forensic Analyst Licensing
Section 4-b. Advisory Committee
Section 4-c. Disciplinary Action
Section 4-d. Crime Laboratory Accreditation Process
Section 9. Administrative Attachment to Office of Court Administration
Section 10. Open Records Limitation
Section 11. Report Inadmissible as Evidence
Section 12. Collection of Certain Forensic Evidence
Section 13. Texas Forensic Science Commission Operating Account