1. (a) The department may require continuous or intermittent monitoring of a plan of correction to ensure that the laboratory makes the improvements necessary to bring it into compliance with the condition level requirements.
2. (b) The laboratory shall pay the costs of on-site monitoring by the department.

3. (c) If the department imposes on-site monitoring, the following procedures apply:

   1. (1) The department shall provide written notice of the following:

      1. (A) The condition level noncompliance that it has identified,
      2. (B) The sanction or sanctions that the department proposes to impose against the laboratory,
      3. (C) The rationale for the proposed sanction or sanctions,
      4. (D) The projected effective date and duration of the proposed sanction or sanctions,
      5. (E) The authority for the proposed sanction or sanctions, and
      6. (F) The time allowed for the laboratory to respond to the notice. [During the period specified, the laboratory may submit to the department written evidence or other information against the imposition of the proposed sanction or sanctions.]

   2. (2) After the period specified in (c)(1)(F) has elapsed, the department shall give the laboratory written notice that acknowledges any evidence or information received from the laboratory and specifies the following:

      1. (A) The sanction or sanctions to be imposed against the laboratory,
      2. (B) The authority and rationale for imposing the sanction or sanctions, and
      3. (C) The effective date and duration of sanction.

Note: Authority cited: Section 1224, Business and Professions Code; Section 100275, Health and Safety Code; and Stats. 1995, c.510, Section 1. Reference: Stats.1995, c.510, Section 1; Section 1310, Business and Professions Code; and Sections 11503, 11505 and 11506, Government Code.

History

1. New section filed 8-28-97 as an emergency; operative 8-28-97 (Register 97, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-26-97 or emergency language will be repealed by operation of law on the following day.

2. Certificate of Compliance as to 8-28-98 order, including amendment of subsection (b), transmitted to OAL 12-24-97 and filed 2-9-98 (Register 98, No. 7).