(a) After notice and opportunity for hearing according to Chapter 80 of this title (relating to Contested Case Hearings), the commission may suspend an environmental testing laboratory's certification, in whole or in part, for at least 30 days and up to six months. Reasons to suspend an environmental testing laboratory's certification include failing to:
  (1) maintain a quality system;
  (2) comply with minimum performance and quality assurance standards;
  (3) maintain records of the laboratory's personnel, operations, data, or analysis;
  (4) successfully complete required proficiency tests;
  (5) employ staff that meet required personnel qualifications for education, training, and experience; or
  (6) notify the executive director of changes in certification criteria.
(b) Certification shall be reinstated if the executive director determines the environmental testing laboratory's personnel have:
  (1) effectively corrected and taken steps to prevent a recurrence of the deficiencies that led to the suspension of certification;
  (2) complied with all requirements imposed by the executive director or the commission; and
  (3) submitted an application for reinstatement which conforms to the standards for certification and this chapter.

Source Note: The provisions of this §25.76 adopted to be effective September 12, 2002, 27 TexReg 8480