W. Va. Code R. § 64-111-5

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 64-111-5 - Suspension or revocation of an approval issued to a laboratory

5.1. An approval issued by the bureau under this rule may be suspended or revoked if the bureau determines that the approved laboratory has engaged in unethical practices or has failed to do any of the following:

5.1.a. Maintain proper standards of accuracy.

5.1.b. Comply with the requirements of the Act or this rule applicable to the approved laboratory.

5.2. An approval issued by the bureau under this rule may be revoked if the bureau determines that the approved laboratory has engaged in any of the following conduct:

5.2.a. Dishonest reporting.

5.2.b. Repeated errors in conducting the required testing.

5.2.c. Allowing unauthorized individuals to perform testing or to sign reports.

5.2.d. Including false statements in the application for approval or renewal.

5.2.e. Advertising medical cannabis testing services to the general public.

5.2.f. Knowingly accepting a sample from an individual other than a grower/processor or a test sample from an individual other than the bureau or an authorized agent of the bureau.

5.2.g. Failing to maintain standard operating procedures approved by the accrediting body that issued the certificate of accreditation to the approved laboratory.

5.2.h. Failing to properly enter test results into the electronic tracking system.

5.2.i. Loss by the approved laboratory of its certificate of accreditation.

5.3. A laboratory applicant may appeal a determination made by the bureau under this section in accordance with 64CSR1 (Rules of Procedure for Contested Case Hearings and Declaratory Rulings).

W. Va. Code R. § 64-111-5