(a) Denial of Accreditation Application. The executive director may deny an initial or renewal application for environmental testing laboratory accreditation, in whole or in part, for insufficiency or for cause. The executive director shall notify the laboratory of the intent to deny the application and advise the applicant of the opportunity to file a motion to overturn under §50.139 of this title (relating to Motion to Overturn Executive Director's Decision). The executive director may deny an accreditation application if a laboratory's operator or personnel:      
        (1) fails to submit a completed application;       
        (2) fails to submit the required fees;       
        (3) fails to successfully analyze and report required proficiency test samples for applicable fields of accreditation;       
        (4) fails to implement a quality system;       
        (5) fails to document that laboratory personnel meet personnel qualifications of education, training, and experience;       
        (6) fails to allow the executive director entry during normal business hours for an environmental testing laboratory assessment;       
        (7) fails to pass required environmental testing laboratory assessments;       
        (8) fails to submit a corrective action report acceptable to the executive director identifying actions the environmental testing laboratory will take to correct the deficiencies identified in the environmental testing laboratory assessment report:                  (A) the executive director will provide the environmental testing laboratory with two opportunities to resolve its deficiencies. The first corrective action report must be submitted to the executive director by the environmental testing laboratory within 30 days of receiving an assessment report. Upon request, the executive director may allow up to 60 days from the date the environmental testing laboratory received an assessment report to submit the corrective action report;                   (B) if the first corrective action report does not sufficiently address the deficiencies identified in the environmental testing laboratory assessment report, the executive director shall notify the environmental testing laboratory of the unresolved deficiencies within no more than 60 days; and                   (C) if, after being notified by the executive director that the first corrective action report does not sufficiently address one or more of the deficiencies identified in the environmental testing laboratory assessment report, a second corrective action report that sufficiently addresses the deficiencies identified in the environmental testing laboratory assessment report must be submitted within 30 days of being notified by the executive director;         
        (9) fails to implement actions to correct the deficiencies identified in the environmental testing laboratory assessment report within the time approved by the executive director;       
        (10) misrepresents any fact pertinent to receiving or maintaining accreditation;       
        (11) 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; or       
        (12) any other reason which causes the executive director to determine that quality of the data being produced by the laboratory's personnel is unreliable or inaccurate, based on the facts of the case.       
      (b) Revocation of Accreditation. After notice and opportunity for hearing according to Chapter 80 of this title (relating to Contested Case Hearings), the commission may revoke an environmental testing laboratory's accreditation, in whole or in part, for any of the reasons listed in subsection (a) of this section or if the operator laboratory:      
        (1) fails to correct deficiencies that led to a suspension of accreditation within six months of the notice of suspension; or       
        (2) is convicted in any jurisdiction of charges relating to the falsification of any report relating to a laboratory analysis.       
      (c) A laboratory's application for accreditation may be denied or a laboratory's accreditation may be revoked, after notice and opportunity for hearing, for any other reason if the executive director determines that the quality of the data being produced by the laboratory's personnel is unreliable or inaccurate, based on the facts of the case.     
      (d) The commission shall revoke an environmental testing laboratory's accreditation for each applicable field of accreditation if, after being suspended due to failure of proficiency test samples, an environmental testing laboratory's analysis of the next proficiency test sample results in three consecutively failed proficiency test samples.     
      (e) Waiting period.      
        (1) If the operator of an environmental testing laboratory is not successful in correcting deficiencies as required by the standards for accreditation as specified in §25.9 of this title (relating to Standards for Environmental Testing Laboratory Accreditation) and this chapter and the laboratory's application is denied in whole or in part, the laboratory's operator must wait a minimum of six months before reapplying for accreditation.       
        (2) An environmental testing laboratory whose accreditation is revoked, in whole or in part, shall wait a minimum of one year before reapplying for accreditation, and the laboratory shall meet all requirements for a new accreditation, including an environmental testing laboratory assessment.       
     Source Note:        The provisions of this §25.32 adopted to be effective September 12, 2002, 27 TexReg 8480; amended to be effective October 7, 2010, 35 TexReg 8930