Section 4099 - Inspections(a) At any time during regular business hours and/or when testing is being conducted, the Certified FSD Laboratory shall allow reasonable access by any authorized DOJ employee(s), upon presentation of proper identification. The DOJ employee(s) shall be permitted to inspect facilities and records relating to FSD testing and to observe any FSD tests being performed to ensure compliance with any applicable federal, state, and/or local law(s) and these regulations.(b) Within six months of the date of FSD Laboratory Certification, the DOJ will conduct a follow-up on-site compliance inspection of the laboratory to observe actual FSD testing and inspect equipment and facilities.(c) The Certified FSD Laboratory will be notified in writing of the results of any inspection conducted pursuant to this section within 15 days from the date of the completion of the inspection. The notification will include a list of any and all violations of any statute and/or these regulations and the action required to correct each violation.(d) The corrective action shall be completed within 15 days of the date of notification. An acknowledgment prepared by the DOJ to be signed by the owner, chief executive officer, or person with primary responsibility for the operation of the laboratory that they have been made aware of the violation(s), that the necessary corrective action(s) have been performed, and that all necessary action(s) will be taken to ensure that future violations do not occur. The acknowledgment shall be signed and returned to the DOJ within 15 days from the date of service of the notification unless the DOJ has determined that the violation requires immediate attention. If immediate attention is required, the laboratory shall take the corrective action(s) within the time specified in the DOJ notice.(e) The Certified FSD Laboratory shall submit to the DOJ a monthly schedule of the days on which it is planning to perform FSD testing. The schedule for each month shall be submitted to the DOJ five days before the beginning of the month being reported. The DOJ may contact the laboratory telephonically for information regarding any additions/deletions to the schedule. The DOJ may accept schedules submitted by electronic transmission.Cal. Code Regs. Tit. 11, § 4099
1. Change without regulatory effect renumbering section 977.49 to section 4099 filed 6-28-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 26).
2. Change without regulatory effect amending subsections (a), (b) and (e) and amending NOTE filed 12-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 52). Note: Authority cited: Sections 23650 and 23655, Penal Code. Reference: Sections 23650 and 23655, Penal Code.
1. Change without regulatory effect renumbering section 977.49 to section 4099 filed 6-28-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 26).
2. Change without regulatory effect amending subsections (a), (b) and (e) and amending Note filed 12-27-2011 pursuant to section 100, title 1, California Code of Regulations (Register 2011, No. 52).