§ 17-2A-09
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§17–2A–09.
(a)The Secretary may deny a license to an applicant or suspend, revoke, or limit a license or the authority of a licensee to offer or perform tests that a license sets forth, if the forensic laboratory or its director or other personnel fail to meet the standards and requirements of this subtitle.
(1)If the Secretary finds that a forensic laboratory licensed under this subtitle no longer meets the standards and requirements of this subtitle, the Secretary may:
(i)Revoke the license of the forensic laboratory; or
(ii)Suspend the license of the forensic laboratory.
(2)If a deficiency exists, the Secretary may:
(i)Impose a directed plan of correction;
(ii)Regularly inspect the forensic laboratory to assure compliance with the directed plan of correction; or
(iii)Limit the testing authorized by the license.
(c)If the Secretary finds that a forensic laboratory provided erroneous or questionable test results, the Secretary may order the laboratory to provide written notification to:
(1)The person or agency that ordered the tests;
(2)The Office of the Public Defender or counsel of record; and
(3)The State’s Attorney.
(d)A State’s Attorney who receives notification from a laboratory under subsection
(c)of this section shall notify the victim of the criminal act or the victim’s representative of the erroneous or questionable test results.
(e)A forensic laboratory that fails to comply with an order issued by the Secretary under subsection
(c)of this section is subject to a civil penalty of up to $1,000 for each day of noncompliance after the deadline for compliance stated in the Secretary’s order, not to exceed a maximum penalty of $50,000.
(f)Except as otherwise provided in the Administrative Procedure Act, before the Secretary denies, suspends, or revokes a license, or imposes a civil penalty under this section, the Secretary shall give the applicant or licensee notice and an opportunity for a hearing.