1. (a) A laboratory may request the department to allow the use of a TPAO to conduct the assessment in lieu of the department by submitting a written request that:

   1. (1) Identifies the TPAO the laboratory wishes to use;
   2. (2) Explains why the laboratory wishes to have the TPAO conduct the assessment in lieu of the department; and
   3. (3) Provides sufficient information and documentation, which may take the form of a sworn affidavit from the laboratory director, that the criteria specified in (b), below, are met.

2. (b) The department shall approve a request to use a TPAO submitted pursuant to (a), above, if:

   1. (1) The TPAO chosen by the laboratory is on the list of approved TPAOs prepared by the department pursuant to Env-C 310.05(d);
   2. (2) The department is not aware of any complaints pending against the laboratory;
   3. (3) The laboratory has not made any changes in key personnel, major equipment, or laboratory location within the previous 6 months; and
   4. (4) If applicable, the laboratory has completed all corrective actions needed as a result of any prior assessment(s).

Source. (See Revision Note at chapter heading for Env-C 300) #12065, eff 1-1-17; ss by #13291, eff 11-23-21