Section 25.78 - Revocation of Certification(a) After notice and opportunity for hearing according to Chapter 80 of this title (relating to Contested Case Hearings), the commission may revoke a laboratory's certification, in whole or in part, if the laboratory: (1) fails to correct deficiencies that led to a suspension of certification within six months of the notice of suspension;(2) fails to submit an acceptable report identifying actions the environmental testing laboratory will take to correct deficiencies identified in the environmental testing laboratory assessment;(3) fails to implement actions to correct deficiencies identified during an environmental testing laboratory assessment;(4) fails to complete required proficiency test studies;(5) submits proficiency test sample results generated by another laboratory as its own;(6) misrepresents any fact pertinent to receiving and maintaining certification;(7) fails to allow the executive director entry during normal business hours for an environmental testing laboratory assessment;(8) is convicted of charges relating to the falsification of any report relating to a laboratory analysis;(9) fails to remit fees within the time limit established by the executive director; or(10) 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.(b) The commission shall revoke an environmental testing laboratory's certification for each applicable field of certification if, after being suspended due to failure of proficiency test samples, a laboratory fails to successfully analyze the next proficiency test sample.(c) A laboratory whose certification is revoked must wait a minimum of one year before reapplying for certification. The laboratory must meet all requirements for a new certification, including an environmental testing laboratory assessment.30 Tex. Admin. Code § 25.78
The provisions of this §25.78 adopted to be effective September 12, 2002, 27 TexReg 8480