| (a) Insufficiency. The executive director may deny an initial
or renewal application for environmental testing laboratory certification
for insufficiency. 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 determine an application is insufficient if laboratory personnel fail
to:
(1) submit a completed application;
(2) submit the required fees;
(3) successfully analyze and report proficiency test samples;
(4) implement a quality system;
(5) document that laboratory personnel meet personnel qualifications
of education, training, and experience;
(6) allow the executive director entry during normal business
hours for an environmental testing laboratory assessment;
(7) pass required environmental testing laboratory assessments;
(8) submit a report identifying actions the environmental testing
laboratory will take to correct the deficiencies identified in the environmental
testing laboratory assessment report within 30 days of receiving an assessment
report; or
(9) implement actions to correct the deficiencies identified
in the environmental testing laboratory assessment report within the time
approved by the executive director.
(b) Cause. After notice and opportunity for hearing, the commission
may deny an environmental testing laboratory's initial or renewal application
for certification if:
(1) laboratory personnel misrepresent any fact pertinent to
receiving or maintaining certification;
(2) the laboratory or its operator 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
(3) 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.
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