(a) Insufficiency. The executive director may deny an initial or renewal application for environmental testing laboratory certification for insufficiency. 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 determine an application is insufficient if laboratory personnel fail to:
  (1) submit a completed application;
  (2) submit the required fees;
  (3) successfully analyze and report proficiency test samples;
  (4) implement a quality system;
  (5) document that laboratory personnel meet personnel qualifications of education, training, and experience;
  (6) allow the executive director entry during normal business hours for an environmental testing laboratory assessment;
  (7) pass required environmental testing laboratory assessments;
  (8) submit a report identifying actions the environmental testing laboratory will take to correct the deficiencies identified in the environmental testing laboratory assessment report within 30 days of receiving an assessment report; or
  (9) implement actions to correct the deficiencies identified in the environmental testing laboratory assessment report within the time approved by the executive director.
(b) Cause. After notice and opportunity for hearing, the commission may deny an environmental testing laboratory's initial or renewal application for certification if:
  (1) laboratory personnel misrepresent any fact pertinent to receiving or maintaining certification;
  (2) the laboratory or its operator 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
  (3) 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.

Source Note: The provisions of this §25.74 adopted to be effective September 12, 2002, 27 TexReg 8480