Nevada Administrative Code
Chapter 445A - Water Controls
PUBLIC WATER SYSTEMS
Certification of Laboratories to Analyze Drinking Water
Section 445A.54282 - Grounds for denial of application for certification, or revocation, suspension or limitation of certification

Universal Citation: NV Admin Code 445A.54282

Current through September 16, 2024

1. The Bureau 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. 542 to 445A.54296, inclusive and section 1;

(b) Falsifies the results of any laboratory testing or misrepresents any information obtained from laboratory testing in violation of the provisions of NAC 445A.54268 or 445A.54292;

(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.54276;

(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.54292;

(f) Fails to prepare a plan of correction or to correct any deficiency specified by the Bureau within the period specified in the plan in violation of the provisions of NAC 445A.5428;

(g) Fails to pay any fees or expenses of the Division of Environmental Protection of the State Department of Conservation and Natural Resources in violation of the provisions of NAC 445A.54296;

(h) Fails to notify the Bureau of any changes specified in NAC 445A.5429;

(i) Authorizes a person who is not qualified to perform an analysis in violation of the provisions of NAC 445A.54268;

(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.54276;

(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 Bureau from conducting an inspection of the laboratory in violation of the provisions of NAC 445A.5428;

(m) Fails to provide to the Bureau any information required by the Bureau to determine whether the laboratory is operated in compliance with the provisions of NAC 445A.542 to 445A.54296, inclusive, and section 1;

(n) Misrepresents any material fact to obtain or maintain certification pursuant to the provisions of NAC 445A.542 to 445A.54296, inclusive, and section 1; or

(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 4.4 of the Standards.

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 Bureau 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 section 5.0 of the Standards.

Added to NAC by Bd. of Health by R203-99, eff. 8-1-2001; A by R130-22A, eff. 1/5/2024

NRS 445A.860, 445A.863

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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