(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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