Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 25 - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION AND CERTIFICATION › Subchapter B - ENVIRONMENTAL TESTING LABORATORY ACCREDITATION › Section 25.32 - Denial of Accreditation Application and Revocation of Accreditation

Current through Reg. 49, No. 28; July 12, 2024
(a) Denial of Accreditation Application. The
				  executive director may deny an initial or renewal application for environmental
				  testing laboratory accreditation, in whole or in part, for insufficiency or for
				  cause. 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 deny an accreditation application if a laboratory's
				  operator or personnel:
(1) fails to submit a
				  completed application;
(2) fails to
				  submit the required fees;
(3) fails
				  to successfully analyze and report required proficiency test samples for
				  applicable fields of accreditation;
(4) fails to implement a quality
				  system;
(5) fails to document that
				  laboratory personnel meet personnel qualifications of education, training, and
				  experience;
(6) fails to allow the
				  executive director entry during normal business hours for an environmental
				  testing laboratory assessment;
(7)
				  fails to pass required environmental testing laboratory assessments;
(8) fails to submit a corrective action
				  report acceptable to the executive director identifying actions the
				  environmental testing laboratory will take to correct the deficiencies
				  identified in the environmental testing laboratory assessment report:
(A) the executive director will provide the
				  environmental testing laboratory with two opportunities to resolve its
				  deficiencies. The first corrective action report must be submitted to the
				  executive director by the environmental testing laboratory within 30 days of
				  receiving an assessment report. Upon request, the executive director may allow
				  up to 60 days from the date the environmental testing laboratory received an
				  assessment report to submit the corrective action report;
(B) if the first corrective action report
				  does not sufficiently address the deficiencies identified in the environmental
				  testing laboratory assessment report, the executive director shall notify the
				  environmental testing laboratory of the unresolved deficiencies within no more
				  than 60 days; and
(C) if, after
				  being notified by the executive director that the first corrective action
				  report does not sufficiently address one or more of the deficiencies identified
				  in the environmental testing laboratory assessment report, a second corrective
				  action report that sufficiently addresses the deficiencies identified in the
				  environmental testing laboratory assessment report must be submitted within 30
				  days of being notified by the executive director;
(9) fails to implement actions to correct the
				  deficiencies identified in the environmental testing laboratory assessment
				  report within the time approved by the executive director;
(10) misrepresents any fact pertinent to
				  receiving or maintaining accreditation;
(11) 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
(12) 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.