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TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 25ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION
SUBCHAPTER CENVIRONMENTAL TESTING LABORATORY CERTIFICATION
RULE §25.78Revocation of Certification

(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.


Source Note: The provisions of this §25.78 adopted to be effective September 12, 2002, 27 TexReg 8480

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