Section 64827 - Sale or Transfer of Ownership(a) A certificate shall be voided by operation of law if one or more of the following occurs. (1) An original Owner fails to notify the Department, in writing, within 15 days after a change in ownership.(2) A new Owner relocates the laboratory within 90 days of assuming ownership.(3) If more than half the number of laboratory persons either quit or are terminated and replaced by a new Owner within 90 days of assuming ownership.(4) If a new Owner submits an application to alter the laboratory's certificate as issued to the prior Owner by the addition of any Subgroup within any Field of Testing.(b) A new Owner of a laboratory shall notify the Department, in writing, within 15 days after the sale or transfer of ownership and provide, at minimum, the following information. (1) The name(s) of the new Owner(s).(2) The date of sale or transfer of ownership.(3) The name, education and laboratory related work experiences, as specified in Section 64817(a); or voluntary laboratory certificate grade as specified in Section 64817(b), of the person designated as the Laboratory Director.(4) The names, education and laboratory related work experiences, as specified in Section 64817(g); or voluntary laboratory certificate grade as specified in Section 64817(h), of all persons who are designated as Principal Analysts.(5) The names of all Principal Analysts who have quit, or were terminated and replaced; and the names of all Principal Analysts hired as replacements.(6) A statement that there will be no changes in laboratory location, or in the certificate issued to the prior Owner(s) within 90 days of assuming ownership.(7) A statement that all equipment, method, and quality assurance practices will not change within 90 days of assuming ownership.(8) The notice shall be signed by one or more of the new Owner(s), or their Agents.(c) New Owners that comply with the provisions of (b) above shall have use of the certificate issued to the prior Owner for a period of ninety days commencing with the date of the Department's notice of receipt of the information supplied by the new Owner. (1) The certificate number and the laboratory name appearing on the certificate shall remain the same.(2) The new Owner shall display, and provide a copy with all data reports, the Department's notice recognizing the sale or transfer of ownership.(d) To obtain the use of the certificate to its original expiration date, the new Owner shall request such use in writing, and the laboratory shall be subjected to, and pass the following, within the 90 days use period granted by the Department.(1) A site visit in accordance with Section 64807; and(2) Performance evaluation samples in accordance with Section 64809.Cal. Code Regs. Tit. 22, § 64827
Note: Authority cited: Sections 208, 1011 and 1012, Health and Safety Code. Reference: Section 1014, Health and Safety Code.
1. New article 14 and section filed 12-2-94; operative 12-2-94 pursuant to Government Code section 11346.2(d) (Register 94, No. 48).