15A NCAC 02H .1106. DECERTIFICATION

(a)  A laboratory certification may be revoked for all categories for:

(1)           Failing to maintain the facilities, records, personnel, equipment or quality assurance program as set forth in the application or these Rules; or

(2)           Submitting inaccurate or falsified data reports or other information; or

(3)           Failing to pay required fees by the date due.

(b)  A laboratory certification may be revoked for a category for failure to:

(1)           Obtain acceptable results on two consecutive evaluation sample submittals from the Division.  Acceptable results on performance evaluation samples are those that vary by less than two standard deviations of the value established by the Division.  The state laboratory may apply specific variance or statistical limits or performance criteria on performance evaluation samples or split samples for a particular testing procedure, including control population effects and taxonomic identification, as published in the Certification Criteria/Procedures Document; or

(2)           Obtain acceptable results as set out in Paragraph (1) of this Rule on two consecutive split samples that have also been analyzed by the Division; or

(3)           Submit a split sample to the Division as requested; or

(4)           Use approved testing techniques; or

(5)           Report to the state laboratory equipment changes that would affect its ability to perform a test category within 30 days of such change; or

(6)           Report to the state laboratory analysis of performance evaluation samples submitted by the Division within required time of completion; or

(7)           Maintain records and perform quality controls as set forth by these Rules and the Division for a particular category; or

(8)           Maintain equipment required for any certified parameter; or

(9)           Implement and maintain Quality Control Programs approved in conjunction with certification; or

(10)         Maintain a qualified staff.

(c)  Decertification Requirements:

(1)           A laboratory is not to analyze samples for parameters in decertified categories for programs described in Rule .1102 of this Section.

(2)           A decertified commercial laboratory must notify any clients affected by the decertification of such and supply the state laboratory with a list of those clients affected and written certification that those clients have been notified.  Should the decertified laboratory arrange for a certified laboratory to perform analyses during the period of decertification, the decertified laboratory must supply the Division with the name of the replacement laboratory and the client(s) involved.  The certified laboratory's name which performs analyses must appear on all data submitted to the Division.

 

History Note:        Authority G.S. 143‑215.3(a)(1); 143‑215.3(a)(10); 143‑215.66;

Eff. October 1, 1988;

Amended Eff. March 1, 1993.