Washington Administrative Code
Title 314 - Liquor and Cannabis Board
Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting
Section 314-55-1035 - Laboratory certification-Suspension and revocation
Universal Citation: WA Admin Code 314-55-1035
Current through Register Vol. 24-18, September 15, 2024
(1) The board may summarily suspend or revoke the certification of any lab certified under WAC 314-55-0995 for any of the following reasons:
(a) The
laboratory owner or science director violates any of the requirements of
chapter 314-55 WAC relating to the operations of the laboratory.
(b) The laboratory owner or science director
aids, abets, or permits the violation of any provision of chapters 314-55 WAC,
69.50 RCW, 69.51A RCW, or Title 9 or 9A RCW related to the operations of the
laboratory, or the laboratory owner or science director permits laboratory
staff to do so.
(c) Evidence the
certificate holder or owner made false statements in any material regard:
(i) On the application for
certification;
(ii) In submissions
to the board relating to receiving or maintaining certification; or
(iii) Regarding any testing performed or
results provided to WSLCB or the cannabis licensee by the certificate holder or
owner pursuant to WAC
314-55-102.
(d) The laboratory owner or
science director is convicted of any crime substantially related to the
qualifications or duties of that owner and related to the functions of the
laboratory, including a conviction for falsifying any report of or that relates
to a laboratory analysis. For purposes of this subsection, a "conviction" means
a plea or finding of guilt regardless of whether the imposition of sentence is
deferred or the penalty is suspended.
(e) The laboratory submits proficiency test
sample results generated by another laboratory as its own.
(f) The laboratory staff denies entry to any
employee of the WSLCB or WSLCB's vendor during normal business hours for an
on-site assessment or inspection, as required by WAC
314-55-0995,
314-55-102,
314-55-1025,
or
314-55-103.
(2)
(a) The following violations are subject to
the penalties as provided in (b) of this subsection:
(i) The laboratory fails to submit an
acceptable corrective action report in response to a deficiency report, and
failure to implement corrective action related to any deficiencies found during
a laboratory assessment.
(ii) The
laboratory fails to report proficiency testing results pursuant to WAC
314-55-1025.
(iii) The laboratory fails to remit
certification fees within the time limit established by a certifying
authority.
(iv) The laboratory
fails to meet recordkeeping requirements as required by chapter 314-55 WAC
unless the failure to maintain records is substantial enough to warrant a
suspension or revocation under subsection (1) of this section.
(b) The penalties for the
violations in (a) of this subsection are as follows:
(i) First violation: Ten-day suspension of
the lab's certification or until the lab corrects the violation leading to the
suspension, whichever is longer.
(ii) Second violation within a three-year
period: Thirty-day suspension of laboratory certification or until the
laboratory corrects the violation leading to the suspension, whichever is
longer.
(iii) Third violation
within a three-year period: Revocation of the lab's certification.
(3) A certified lab may also be subject to a suspension of certification related to proficiency testing requirements under WAC 314-55-1025.
(4) A laboratory that has its certification suspended or revoked under this section may request an administrative hearing to contest the suspension or revocation as provided in chapter 34.05 RCW.
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