Ohio Admin. Code 3745-89-06 - Director's actions for laboratory certification
(A) The director shall issue or renew a
laboratory certification provided the laboratory has met the laboratory
certification requirements as described in this chapter of the Administrative
Code.
(2)
(3) The period and
provisions of each laboratory certification are summarized on a laboratory
certificate, which is issued to the laboratory as a record of the certification
and its details.
(1) Laboratory certification shall
expire within three years from the effective date of certification. Laboratory
certification shall expire within one year from the effective date of
certification if the laboratory certification meets one of the following:
(a) Is an initial certification under rule
3745-89-03
of the Administrative Code.
(b)
Directly follows a period of revocation or denial of a former certification
under this rule.
(2)
Acceptance of any certification of a laboratory under
rule 3745-89-12 of the Administrative Code shall expire on the earlier of the
following dates:
(a)
The date of expiration of the certification submitted
in accordance with 3745-89-12 of the Administrative Code.
(b)
Within three
years of the date acceptance was granted pursuant to 3745-89-12 of the
Administrative Code.
(B) The
director may deny, suspend or revoke a laboratory certification, or all such
certifications issued to a laboratory under this chapter, in accordance with
Chapters 3745-47 and 3745-49 of the Administrative Code, upon any finding of
the following:
(1) The laboratory or any
laboratory personnel has falsified laboratory data.
(2) The laboratory failed to meet laboratory
certification requirements as described in rules
3745-89-03
to
3745-89-05
of the Administrative Code or submitted unacceptable data.
(3) The laboratory failed to meet the
reporting requirements in rule
3745-89-08
of the Administrative Code.
(4) The
laboratory has submitted unacceptable data.
(5) The laboratory has submitted a
proficiency test sample to another laboratory for analysis and reported the
data as its own.
(6) A person not
named on a valid laboratory certificate performed analysis of a water
proficiency test sample for purposes of retaining a valid laboratory
certification.
(7) The laboratory
or any laboratory personnel has performed, reported, or failed to report
drinking water analyses in such a manner as to threaten public health or
welfare.
(8) The laboratory failed
to satisfactorily correct deviations
violations .
(9)
A laboratory
certified under paragraph (C) of rule
3745-89-03
of the Administrative Code had the laboratory's certification suspended or
revoked by the recognized accreditation body which issued the
certification.
(C)
The director may deny, suspend or revoke an individual's certification to
perform laboratory analyses issued under this chapter if the individual is an
operator certified under Chapter 3745-7 of the Administrative Code and said
certification is suspended or revoked for any reason other than
falsification.
(D) The director
shall revoke an individual's certification to perform laboratory analyses
issued under this chapter if the individual is an operator certified under
Chapter 3745-7 of the Administrative Code and said certification is suspended
or revoked for actions related to falsification.
(E) During the pendency of an action to
suspend or revoke a laboratory certification, the results of performances on a
proficiency test shall not be considered by the director in making a
determination to suspend or revoke the certification.
(F) The results of drinking water analyses
shall not be acceptable for determining compliance with Chapters 3745-81,
3745-82 and 3745-90, and rules
3745-91-06
and
3745-9-09,
or as specified by paragraph (B) of rule
3745-83-01
of the Administrative Code, or for other analyses required by the director, if
the results are obtained in violation of rule
3745-81-27
of the Administrative Code or this chapter during the pendency of an action to
suspend or revoke a laboratory certification.
(G) Suspension of a laboratory certification
shall be for a time period specified by the director, but no less than thirty
days and no more than six months, provided a correction statement is submitted
in writing to the director addressing each individual
deviation
violation within the time period specified by the
director and is acceptable to the director in accordance with paragraph (I) of
this rule.
(H) The director may
notify or require a laboratory to notify customers, within a specific period of
time, of the suspended or revoked certification.
(I) The laboratory shall demonstrate in a
manner acceptable to the director that deviations
violations have been addressed to cease
suspended certification. The demonstration shall be in writing and may include,
but not be limited to, on-site surveys or other means as determined by the
director. If the deviations
violations are not satisfactorily addressed
within the specified time period, the certificate may remain suspended or be
revoked.
(J) Revocation or denial
of a new or renewed laboratory certification shall remain in effect for a time
period specified by the director of not less than ninety days and not more than
one year. Laboratories shall not reapply for certification until the period of
denial or revocation expires. After such time, the laboratory may apply for
certification as specified in rule
3745-89-03
of the Administrative Code.
(K) All
actions under this rule affecting the status of a laboratory's certification
shall be in accordance with Chapters 3745-47 and 3745-49 of the Administrative
Code. The director shall notify the laboratory of any action to deny, suspend
or revoke certification. An action taken by the director under this rule does
not preclude the director from pursuing additional civil or criminal
enforcement. Suspension or revocation may include any or all laboratory
certifications issued by the director under this chapter.
Notes
Promulgated Under: 119.03
Statutory Authority: 6109.04
Rule Amplifies: 6109.04, 3745.50
Prior Effective Dates: 11/26/1980, 04/09/1990, 04/01/1999, 06/18/2004, 09/14/2009, 05/04/2015, 06/01/2016
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