Mich. Admin. Code R. 325.12710

Current through Vol. 24-21, December 1, 2024

Section R. 325.12710 - Suspension or revocation of certification

Rule 2710.

(1) If the department determines that a laboratory certified under the act and these rules is not operating in an approved manner, is reporting results that do not meet state laboratory certification requirements, or is operating in a manner that may cause a hazard to the public health, the department may move to suspend or revoke the certification of the laboratory pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(2) Reasons for suspension of a laboratorys certification, in part or whole, or the denial of an initial certification request include, but are not limited to the following:

(a) Failure to pay certification fees.

(b) Failure to pass a laboratory inspection.

(c) Failure to meet proficiency test requirements.

(d) Failure to respond to a laboratory inspection report within the allotted timeframe.

(e) Persistent failure to report compliance data to the public water system or the state drinking water program in a timely manner, thereby preventing timely compliance determination with federal or state regulations and endangering public health.

(f) Failure to correct deficiencies noted in an on-site inspection report.

(g) Refusal to participate in an on-site inspection conducted by the certifying agency.

(h) Failure to make records pertaining to the analysis of regulated drinking water contaminants available for review or copying by the laboratory certification program.

(3) Suspension of a laboratorys certification remains in effect until the laboratory provides documentation that the reason or reasons for the suspension have been corrected.

(4) Reasons for revocation of a laboratorys certification include but are not limited to:

(a) Falsification of the certification application or certification renewal application.

(b) Fraud or other criminal activity.

(c) Falsification of records or analytical results.

(d) Reporting results not meeting the federal act, the act and administrative rules promulgated thereunder, or method requirements.

(e) Reporting proficiency test data from another laboratory as its own.

(f) Using analytical methodology not listed on the laboratorys certification letter for reporting regulated drinking water contaminants.

(g) A written notification from the laboratory that it is voluntarily relinquishing certification.

Mich. Admin. Code R. 325.12710

2020 MR 14, Eff. 8/3/2020