New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 6190
Executive Department
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6 sections
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9 NYCRR 6190.1 - Earlier source heading: Definitions
Related State Register notice: Adopted rule CJS-32-22-00028-A. Published Dec 14, 2022. Notice effective date: Dec 14, 2022.
Source version current through Apr 15, 2022
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Apr 15, 2022
- Related Register notice
- CJS-32-22-00028-A · Adopted rule
- Related notice published
- Dec 14, 2022
- Related notice effective date
- Dec 14, 2022
Current section text is not available here.
9 NYCRR 6190.2 - Statement of purpose
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CJS-12-17-00003-A · Adopted rule
- Related notice published
- Jun 7, 2017
- Related notice effective date
- Jun 7, 2017
(a)EL section 995-b(13)(c) requires the DNA subcommittee to make binding recommendations for adoption by the commission with regard to a NYS accreditation program for a laboratory performing forensic DNA testing.
(b)Executive Law § 995-b(1) requires the commission to develop minimum standards and a program of accreditation for all forensic laboratories in New York State.
(c)It is the policy of the commission and DNA subcommittee that to ensure reliable forensic testing and analysis, a forensic laboratory should adhere to high standards in all aspects of its operation. Further, the laboratory director, as well as the individual specifically responsible for oversight of DNA testing and other personnel as determined by the commission (upon the binding recommendation of the DNA subcommittee) to be necessary and appropriate, should satisfy appropriate educational and training requirements.
9 NYCRR 6190.3 - NYS accreditation standards
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CJS-21-19-00004-A · Adopted rule
- Related notice published
- Sep 4, 2019
- Related notice effective date
- Sep 4, 2019
(a)The commission has determined that all forensic laboratories must meet the following standards to receive NYS accreditation in disciplines other than forensic DNA testing:
(1)the laboratory must be accredited by ANAB; or
(2)if the laboratory is performing only toxicology analysis, it must be accredited by either ANAB or ABFT.
(b)The commission has further determined, upon the binding recommendation of the DNA subcommittee, that any forensic laboratory performing forensic DNA testing must be accredited by ANAB to include forensic DNA testing, and must comply with all conditions of the FBI’s quality assurance standards.
(c)Once a forensic laboratory has been accredited by ANAB or ABFT using mock cases, the commission may receive and review the results of the mock cases.
9 NYCRR 6190.4 - NYS accreditation procedures
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CJS-21-19-00004-A · Adopted rule
- Related notice published
- Sep 4, 2019
- Related notice effective date
- Sep 4, 2019
(a)A forensic laboratory seeking NYS accreditation must apply to the division in a form prescribed by the division. A forensic laboratory seeking accreditation shall provide the following supporting documentation, access thereto or authorization for ANAB or ABFT, as appropriate, to release:
(1)documentation of accreditation by ANAB or ABFT, if obtained;
(2)all documentation submitted to ANAB or ABFT, as part of such accreditation application process, the continuing compliance requirements, if any, and any other related matters; and
(3)all documentation received by the laboratory from ANAB or ABFT, which may include, but not be limited to any of the following, if appropriate: information pertaining to the application process; the accreditation inspection; the summation conference; the final inspection report; and disciplinary actions or proceedings.
(b)Upon receipt of such materials, the division shall conduct an initial review to ensure that all necessary documents have been submitted. Thereafter, the division shall forward the documents to the DNA subcommittee for its review and binding recommendation regarding NYS accreditation to perform DNA testing. The DNA subcommittee shall forward its binding recommendation to the commission, which shall make a final determination as to whether NYS accreditation in forensic DNA testing should be granted. For a forensic laboratory seeking accreditation in disciplines other than DNA testing, the division shall forward the documentation directly to the commission for its determination.
(c)Upon the determination to grant NYS accreditation to a forensic laboratory, the division shall forward a certificate of NYS accreditation to such laboratory. The certificate and/or accompanying correspondence shall indicate the forensic disciplines in which the laboratory is accredited.
9 NYCRR 6190.5 - Duration of NYS accreditation
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CJS-21-19-00004-A · Adopted rule
- Related notice published
- Sep 4, 2019
- Related notice effective date
- Sep 4, 2019
(a)A forensic laboratory that is accredited will retain its NYS accreditation for the same period as its ANAB or ABFT accreditation, unless such NYS accreditation is revoked pursuant to section 6190.6 of this Part. To retain NYS accredited status, such laboratory shall continue to meet the standards under which it was accredited and shall participate in any proficiency testing mandated by the commission or, with respect to forensic DNA laboratories, the DNA subcommittee. Such laboratory must submit to the division a copy of any documentation submitted to ANAB or ABFT or received from it as part of the continuing compliance requirements, including any notification of disciplinary action taken by ANAB or ABFT against such laboratory. Such documentation shall be reviewed by the commission, or with respect to forensic DNA laboratories, the DNA subcommittee, and appropriate action may be taken against such laboratory, if necessary.
(b)A forensic laboratory that has received NYS accreditation shall notify the division, in writing, no later than three business days after any significant change in the management or management structure of such laboratory.
9 NYCRR 6190.6 - Sanctions for noncompliance; appeals
Source version current through Mar 31, 2022
A matched Register action is not later than the compiled-text reference date.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- Mar 31, 2022
- Related Register notice
- CJS-21-19-00004-P · Proposed rule
- Related notice published
- May 22, 2019
(a)In accordance with Executive Law, section 995-b(3)(e), the commission (and with respect to forensic DNA laboratories, upon the binding recommendation of the DNA subcommittee to the commission) may revoke, suspend or otherwise limit the NYS accreditation of a forensic laboratory, if the commission, or where appropriate, the DNA subcommittee determines that a forensic laboratory or one or more persons in its employ:
(1)is guilty of misrepresentation in obtaining a forensic laboratory NYS accreditation;
(2)rendered a report on laboratory work actually performed in another forensic laboratory without disclosing the fact that the examination or procedure was performed by such other forensic laboratory;
(3)showed unacceptable error or errors in the performance of forensic laboratory examination procedures;
(4)failed to file any report required to be submitted pursuant to EL article 49-B or violated in a material respect any provision of that article;
(5)violated in a material respect any provision of this Part, including the continuing compliance requirements of ANAB or ABFT;
(6)failed to participate in or to meet the standards of any proficiency test required by the DNA subcommittee and/or the commission; or
(7)failed to notify the division, in writing, of any significant change in the management or management structure of such laboratory within the time period provided for in section 6190.5(b) of this Part. A forensic laboratory found to be in violation of the paragraph shall be subject to a warning for the first violation.
(b)A forensic laboratory found to be in violation of the provisions of subdivision (a) of this section shall be subject to the following sanctions:
(1)Notice of violation: on its own initiative or, with respect to forensic DNA laboratories, at the request of the chair of the DNA subcommittee, the commission, by its chair, shall serve written notice of the alleged violation, which notice shall be mailed by certified mail to the holder of the NYS accreditation at the address of such holder. Within five days of receipt of such notice, a NYS accredited laboratory must file a written answer to the charges with the commission and, where appropriate, the DNA subcommittee.
(2)Probation: NYS accreditation becomes probationary for a limited, specified time. Analytical work can continue uninterrupted provided the laboratory adheres to specified requirements and/or conditions.
(3)Suspension: NYS accreditation is suspended pending demonstration within a specified time frame that the laboratory has remedied the problem.
(4)Revocation: NYS accreditation is revoked for a minimum specified time after which the laboratory may submit a new application for NYS accreditation. The laboratory shall cease performing casework analysis until reaccredited.
(c)No forensic laboratory NYS accreditation shall be revoked, suspended, or otherwise limited without a hearing. On its own initiative or, with respect to forensic DNA laboratories, at the request of the chair of the DNA subcommittee, the chair of the commission shall serve written notice of the alleged violation, together with written notice of the time and place of the hearing, which notice shall be mailed by certified mail to the holder of the NYS accreditation at the address of such holder at least 21 days prior to the date fixed for such hearing. A NYS accredited laboratory may file a written answer to the charges with the commission and, where appropriate, the DNA subcommittee, not less than five days prior to the hearing. The hearing shall be conducted by the commission or where appropriate, the DNA subcommittee. The laboratory director shall be allowed to appear in person and present relevant testimony. If the DNA subcommittee conducts such hearing, it shall make a binding recommendation to the commission with respect to the appropriate sanction, if any.
(d)NYS accreditation shall be reinstated when the forensic laboratory demonstrates to the satisfaction of the commission, and, where appropriate, upon the binding recommendation of the DNA subcommittee, that the deficiencies which resulted in the sanctions have been corrected.
(e)The outcome of any disciplinary proceeding conducted by ANAB or ABFT with respect to ANAB or ABFT accreditation shall not bind the DNA subcommittee or commission with respect to the imposition of sanctions as set forth in this Part.