Administrative Rules of Montana
Department 37 - PUBLIC HEALTH AND HUMAN SERVICES
Chapter 37.12 - LABORATORIES
Subchapter 37.12.3 - Licensure of Laboratories Conducting Analyses of Public Water Supplies
Rule 37.12.315 - REVOCATION OR DENIAL OF LICENSE
Universal Citation: MT Admin Rules 37.12.315
Current through Register Vol. 6, March 22, 2024
(1) The department may deny or revoke a license at any time that a laboratory is not in compliance with the requirements for licensure under this subchapter, including if the laboratory:
(a) fails to analyze and
report results of at least two PE samples per year;
(b) reports unacceptable results or fails to
report the results of analyses of two consecutive PE samples for an analyte for
which the laboratory is approved;
(c) fails to correct cited deficiencies
within the time specified by the department or fails to adhere to conditions of
a waiver or variance;
(d) no longer
employs a director or analysts who have satisfied the requirements of this
subchapter;
(e) does not use
EPA-approved methods to perform analyses;
(f) does not perform required quality control
procedures;
(g) falsifies data or
engages in deceptive practices such as reporting another laboratory's data
without giving credit on the report to the laboratory which performed the
analysis;
(h) reports data that
were obtained using equipment, procedures, analysts, methods, or facilities
that are not approved by the department;
(i) fails to report to the Department of
Environmental Quality within the time frames described in ARM
37.12.341 the results of any
sample required under ARM Title 17, chapter 38, subchapter 2, and accepted by
the laboratory for analysis, that exceeds a maximum contaminant level (MCL) or
triggers additional actions; or
(j)
fails to report results on forms or formats acceptable to the Department of
Environmental Quality.
(2) The department will send the laboratory written notice of the denial or revocation of a license that indicates the grounds for the revocation or denial and the right to an appeal of the decision pursuant to the Montana Administrative Procedure Act.
50-1-202, MCA; IMP, 50-1-202, 75-6-106, MCA;
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