Texas Administrative Code
Title 30 - ENVIRONMENTAL QUALITY
Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION
Subchapter C - ENVIRONMENTAL TESTING LABORATORY CERTIFICATION
Section 25.78 - Revocation of Certification

Universal Citation: 30 TX Admin Code § 25.78

Current through Reg. 50, No. 13; March 28, 2025

(a) After notice and opportunity for hearing according to Chapter 80 of this title (relating to Contested Case Hearings), the commission may revoke a laboratory's certification, in whole or in part, if the laboratory:

(1) fails to correct deficiencies that led to a suspension of certification within six months of the notice of suspension;

(2) fails to submit an acceptable report identifying actions the environmental testing laboratory will take to correct deficiencies identified in the environmental testing laboratory assessment;

(3) fails to implement actions to correct deficiencies identified during an environmental testing laboratory assessment;

(4) fails to complete required proficiency test studies;

(5) submits proficiency test sample results generated by another laboratory as its own;

(6) misrepresents any fact pertinent to receiving and maintaining certification;

(7) fails to allow the executive director entry during normal business hours for an environmental testing laboratory assessment;

(8) is convicted of charges relating to the falsification of any report relating to a laboratory analysis;

(9) fails to remit fees within the time limit established by the executive director; or

(10) 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.

(b) The commission shall revoke an environmental testing laboratory's certification for each applicable field of certification if, after being suspended due to failure of proficiency test samples, a laboratory fails to successfully analyze the next proficiency test sample.

(c) A laboratory whose certification is revoked must wait a minimum of one year before reapplying for certification. The laboratory must meet all requirements for a new certification, including an environmental testing laboratory assessment.

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