1. (1) A laboratory may be downgraded from certified, provisionally certified, or interim certified status to "not certified" for a particular parameter analysis for any of the following reasons:

   1. (a) Reporting PE data from another laboratory as its own;
   2. (b) Falsification of data or other deceptive practices;
   3. (c) Failure to use the analytical methodology specified in the regulations;
   4. (d) For provisionally certified laboratories, failure to successfully analyze a PE sample for a particular contaminant within the acceptance limits specified;
   5. (e) For provisionally certified laboratories, failure to satisfy the Department that the laboratory has corrected deficiencies identified during on-site evaluations;
   6. (f) For provisionally certified laboratories, persistent failure to report compliance data to the public water system or the Department in a timely manner;
   7. (g) Refusal to participate in an on-site audit; or,
   8. (h) Failure to submit complete application package.

2. (2) A laboratory may respond to a determination to revoke its certificate up to 30 days after notification by the Department. If the Department does not receive a response by that date or, if the response does not fully resolve the deficiencies noted by the Department, the certificate is immediately revoked.

   1. (a) The response shall include an explanation of the reasons for the challenge and shall be signed by the laboratory’s responsible authority (such as the director, owner, or president).
   2. (b) Denial of the response by the Department results in the immediate revocation of the certificate.
   3. (c) If the Department determines the response to be valid, the Department may suspend the revocation of certification or upgrade the certification status to “provisionally certified” or “certified”.
   4. (d) A laboratory with a revoked certificate shall not submit analyses to the Department for compliance purposes for any analyte covered by the revocation.

Author: Aubrey H. White III, James M. Arnold

Statutory Authority: Code of Ala. 1975, §22-23-49.

History: New Rule: Filed November 7, 1997; effective December 12, 1997. Repealed: Filed October 23, 2012; effective November 27, 2012. New Rule: Published April 30, 2021; effective June 14, 2021.