NAC459.96974. Grounds for denial of application for certification, or revocation, suspension or limitation of certification.

     1. The Division may deny an application for certification of a laboratory or revoke, suspend or limit the certification of a certified laboratory if the laboratory:

     (a) Makes a false statement in:

          (1) An application for certification;

          (2) A report concerning the analysis of a waste sample; or

          (3) Any other document relating to certification in violation of the provisions of NAC 459.96902 to 459.9699, inclusive;

     (b) Falsifies any results of laboratory testing or misrepresents any information obtained from laboratory testing in violation of the provisions of NAC 459.96962 or 459.96984;

     (c) Fails to maintain the facilities or equipment of the laboratory in accordance with the quality manual or quality system of the laboratory;

     (d) Fails to participate satisfactorily in a proficiency testing program, if the program is available, in violation of the provisions of NAC 459.96968;

     (e) Falsely claims certification for a method of testing or an analyte for which the laboratory is not certified in violation of the provisions of NAC 459.96984;

     (f) Fails to prepare a plan of correction or to correct any deficiency specified by the Division within the period specified in the plan in violation of the provisions of NAC 459.96972;

     (g) Fails to pay any fees or expenses of the Division in violation of the provisions of NAC 459.96986;

     (h) Fails to notify the Division of any changes specified in NAC 459.96982;

     (i) Authorizes a person who is not qualified to perform an analysis in violation of the provisions of NAC 459.96962;

     (j) Communicates with or receives a communication concerning the results of a proficiency test sample from a laboratory on or before the date established for submitting the results of that sample to the provider of the sample pursuant to the provisions of NAC 459.96968;

     (k) Knowingly receives a proficiency test sample from a laboratory or provides a proficiency test sample to a laboratory on or before the date specified in paragraph (j);

     (l) Prohibits an employee of the Division from conducting an inspection of the laboratory in violation of the provisions of NAC 459.96972;

     (m) Fails to provide to the Division any information required by the Division to determine whether a laboratory is operated in compliance with the provisions of NAC 459.96902 to 459.9699, inclusive;

     (n) Misrepresents any material fact to obtain or maintain certification pursuant to the provisions of NAC 459.96902 to 459.9699, inclusive;

     (o) Engages in any activity that is a ground for the denial of an application for certification or for the suspension or revocation of the certification of a laboratory set forth in section 4.1.4(d) or 4.4 of the Standards; or

     (p) Knowingly employs, directly or indirectly, a person who has violated a provision of NRS 459.400 to 459.600, inclusive, 459.610 to 459.658, inclusive, 459.800 to 459.856, inclusive, or NAC 459.96902 to 459.9699, inclusive.

     2. In determining whether to deny an application for certification or to revoke, suspend or limit the certification of a laboratory pursuant to this section, the Division shall consider:

     (a) The gravity of the violation;

     (b) The harm to the health and safety of the members of the general public;

     (c) The intent of the person who committed the violation;

     (d) The extent of the violation; and

     (e) Any proposed correction of the violation.

     3. As used in this section, “quality system” has the meaning ascribed to it in Appendix A of chapter 1 of the Standards.

     (Added to NAC by Environmental Comm’n by R061-04, eff. 10-7-2004)