Nevada Administrative Code
Chapter 445A - Water Controls
CERTIFICATION OF LABORATORIES TO ANALYZE SUBSTANCES IN WATER
Guidelines and Procedures
Section 445A.0642 - Grounds for denial of application for certification, or revocation, suspension or limitation of certification
Universal Citation: NV Admin Code 445A.0642
Current through September 16, 2024
1. The Division may deny an application for certification of a laboratory or revoke, suspend or limit the certification of a certified laboratory if the laboratory:
(a) Makes a false statement in:
(1) An application for
certification;
(2) A report
concerning the analysis of an environmental sample; or
(3) Any other document relating to
certification in violation of the provisions of NAC 445A.0552 to 445A.067,
inclusive;
(b) Falsifies
any results of laboratory testing or misrepresents any information obtained
from laboratory testing in violation of the provisions of NAC 445A.0626 or
445A.0654;
(c) Fails to maintain
the facilities or equipment of the laboratory in accordance with the quality
manual or quality system of the laboratory;
(d) Fails to participate satisfactorily in a
proficiency testing program, if the program is available, in violation of the
provisions of NAC 445A.0634;
(e)
Falsely claims certification for a method of testing or an analyte for which
the laboratory is not certified in violation of the provisions of NAC
445A.0654;
(f) Fails to prepare a
plan of correction or to correct any deficiency specified by the Division
within the period specified in the plan in violation of the provisions of NAC
445A.0638;
(g) Fails to pay any
fees or expenses of the Division in violation of the provisions of NAC
445A.066;
(h) Fails to notify the
Division of any changes specified in NAC 445A.0652;
(i) Authorizes a person who is not qualified
to perform an analysis in violation of the provisions of NAC
445A.0626;
(j) Communicates with or
receives a communication concerning the results of a proficiency test sample
from a laboratory on or before the date established for submitting the results
of that sample to the provider of the sample pursuant to the provisions of NAC
445A.0634;
(k) Knowingly receives a
proficiency test sample from a laboratory or provides a proficiency test sample
to a laboratory on or before the date specified in paragraph (j);
(l) Prohibits an employee of the Division
from conducting an inspection of the laboratory in violation of the provisions
of NAC 445A.0638;
(m) Fails to
provide to the Division any information required by the Division to determine
whether a laboratory is operated in compliance with the provisions of NAC
445A.0552 to 445A.067, inclusive;
(n) Misrepresents any material fact to obtain
or maintain certification pursuant to the provisions of NAC 445A.0552 to
445A.067, inclusive;
(o) Engages in
any activity that is a ground for the denial of an application for
certification or for the suspension or revocation of the certification of a
laboratory set forth in section 4.1.4(d) or 4.4 of the Standards; or
(p) Knowingly employs, directly or
indirectly, a person who has violated a provision of NRS
NRS 445A.300 to
445A.730,
inclusive, or NAC 445A.0552 to 445A.067, inclusive.
2. In determining whether to deny an application for certification or to revoke, suspend or limit the certification of a laboratory pursuant to this section, the Division shall consider:
(a) The gravity of the violation;
(b) The harm to the health and safety of the
members of the general public;
(c)
The intent of the person who committed the violation;
(d) The extent of the violation;
and
(e) Any proposed correction of
the violation.
3. As used in this section, "quality system" has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.
Added to NAC by Environmental Comm'n by R070-99, eff. 5-26-2000; A by R061-04, 10-7-2004
NRS 445A.425, 445A.428
Disclaimer: These regulations may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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