Current through Reg. 50, No. 13; March 28, 2025
(a) Denial of Accreditation Application. The
executive director may deny an initial or renewal application for environmental
testing laboratory accreditation, in whole or in part, for insufficiency or for
cause. The executive director shall notify the laboratory of the intent to deny
the application and advise the applicant of the opportunity to file a motion to
overturn under §
50.139 of this title (relating to
Motion to Overturn Executive Director's Decision). The executive director may
deny an accreditation application if a laboratory's operator or personnel:
(1) fails to submit a completed
application;
(2) fails to submit
the required fees;
(3) fails to
successfully analyze and report required proficiency test samples for
applicable fields of accreditation;
(4) fails to implement a quality
system;
(5) fails to document that
laboratory personnel meet personnel qualifications of education, training, and
experience;
(6) fails to allow the
executive director entry during normal business hours for an environmental
testing laboratory assessment;
(7)
fails to pass required environmental testing laboratory assessments;
(8) fails to submit a corrective action
report acceptable to the executive director identifying actions the
environmental testing laboratory will take to correct the deficiencies
identified in the environmental testing laboratory assessment report:
(A) the executive director will provide the
environmental testing laboratory with two opportunities to resolve its
deficiencies. The first corrective action report must be submitted to the
executive director by the environmental testing laboratory within 30 days of
receiving an assessment report. Upon request, the executive director may allow
up to 60 days from the date the environmental testing laboratory received an
assessment report to submit the corrective action report;
(B) if the first corrective action report
does not sufficiently address the deficiencies identified in the environmental
testing laboratory assessment report, the executive director shall notify the
environmental testing laboratory of the unresolved deficiencies within no more
than 60 days; and
(C) if, after
being notified by the executive director that the first corrective action
report does not sufficiently address one or more of the deficiencies identified
in the environmental testing laboratory assessment report, a second corrective
action report that sufficiently addresses the deficiencies identified in the
environmental testing laboratory assessment report must be submitted within 30
days of being notified by the executive director;
(9) fails to implement actions to correct the
deficiencies identified in the environmental testing laboratory assessment
report within the time approved by the executive director;
(10) misrepresents any fact pertinent to
receiving or maintaining accreditation;
(11) is indebted to the state for a fee,
penalty, or tax imposed by a statute within the commission's jurisdiction or a
rule adopted under such a statute; or
(12) any other reason which causes the
executive director to determine that quality of the data being produced by the
laboratory's personnel is unreliable or inaccurate, based on the facts of the
case.
(b) Revocation of
Accreditation. After notice and opportunity for hearing according to Chapter 80
of this title (relating to Contested Case Hearings), the commission may revoke
an environmental testing laboratory's accreditation, in whole or in part, for
any of the reasons listed in subsection (a) of this section or if the operator
laboratory:
(1) fails to correct deficiencies
that led to a suspension of accreditation within six months of the notice of
suspension; or
(2) is convicted in
any jurisdiction of charges relating to the falsification of any report
relating to a laboratory analysis.
(c) A laboratory's application for
accreditation may be denied or a laboratory's accreditation may be revoked,
after notice and opportunity for hearing, for any other reason if the executive
director determines that the quality of the data being produced by the
laboratory's personnel is unreliable or inaccurate, based on the facts of the
case.
(d) The commission shall
revoke an environmental testing laboratory's accreditation for each applicable
field of accreditation if, after being suspended due to failure of proficiency
test samples, an environmental testing laboratory's analysis of the next
proficiency test sample results in three consecutively failed proficiency test
samples.
(e) Waiting period.
(1) If the operator of an environmental
testing laboratory is not successful in correcting deficiencies as required by
the standards for accreditation as specified in §
25.9 of this title (relating to
Standards for Environmental Testing Laboratory Accreditation) and this chapter
and the laboratory's application is denied in whole or in part, the
laboratory's operator must wait a minimum of six months before reapplying for
accreditation.
(2) An environmental
testing laboratory whose accreditation is revoked, in whole or in part, shall
wait a minimum of one year before reapplying for accreditation, and the
laboratory shall meet all requirements for a new accreditation, including an
environmental testing laboratory assessment.
