Virginia Administrative Code
Title 1 - ADMINISTRATION
Agency 30 - DEPARTMENT OF GENERAL SERVICES
Chapter 46 - ACCREDITATION FOR COMMERCIAL ENVIRONMENTAL LABORATORIES
Part I - General Provisions
Section 1VAC30-46-110 - Procedures to deny or withdraw accreditation, and appeal procedures
Universal Citation: 1 VA Admin Code 30-46-110
Current through Register Vol. 41, No. 3, September 23, 2024
A. Notification.
1. If DCLS determines that cause exists to
deny accreditation to or withdraw accreditation from an environmental
laboratory, DCLS shall notify the environmental laboratory in writing of its
determination. DCLS shall send this notification by certified mail to the
responsible official and provide a copy to the technical manager of the
environmental laboratory.
2. For
denial of accreditation, the notice shall state that the laboratory has failed
to meet the standards in 1VAC30-46 and shall specify one or more of the reasons
for denial of accreditation under
1VAC30-46-70 L, providing a
detailed explanation of the basis for the denial of accreditation.
3. For withdrawal of accreditation, the
notice shall state that the laboratory has failed to meet the standards in
1VAC30-46 and shall specify one or more of the reasons for withdrawal of
accreditation under
1VAC30-46-100 A or B, providing a
detailed explanation of the basis for the withdrawal of
accreditation.
4. In its notice,
DCLS shall request the laboratory to notify DCLS in writing if the laboratory
believes the agency is incorrect in its determination.
5. If the laboratory believes DCLS to be
incorrect in its determination, the laboratory shall provide DCLS with a
detailed written demonstration of why DCLS should not deny or withdraw
accreditation.
B. An environmental laboratory may appeal a final decision by DCLS to deny or withdraw accreditation pursuant to the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).
C. The accreditation status of an environmental laboratory appealing withdrawal of accreditation shall not change pending the final decision of the appeals filed under the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) and Part 2A of the Rules of the Supreme Court of Virginia.
Statutory Authority: § 2.2-1105 of the Code of Virginia.
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