Section Env-C 311.02 - Suspension(a) Reasons for the department to suspend a primary accreditation shall include:(1) The primary accreditation body finds during the assessment that emergency action is needed to protect public health or safety;(2) Failure to notify the primary accreditation body within 30 calendar days of major changes in: c. Key personnel named on the application; ord. Analytical instrumentation;(3) Failure to maintain a quality system as defined in Volume 1, Module 2 of the TNI standards; and(4) Failure of laboratory to employ staff that meet the personnel qualifications for education, training, and experience as required by the TNI standards.(b) The department shall send written notice to the laboratory of the department's intent to suspend the laboratory's accreditation.(c) The notice sent pursuant to (b), above, shall: (1) Identify each reason for the proposed suspension and each field of accreditation that is proposed to be suspended; and(2) Inform the laboratory that: a. Its accreditation shall be suspended 10 days from the date of the written notice unless the laboratory sends a written request for a hearing to the department that is received by the department prior to the expiration of that time period;b. The accreditation shall remain suspended until the laboratory takes all corrective actions needed to address the reasons for suspension and submits proof that the corrective actions have been completed to the department; andc. If the laboratory does not take all corrective actions needed to address the reason(s) for suspension and submit proof that the corrective actions have been completed to the department within 6 months of the effective date of the suspension, the accreditation shall be revoked.(d) Except as provided in (e), below, if a laboratory submits a request for a hearing as specified in (c)(2)a., above, then the laboratory's accreditation shall remain in effect until a decision is issued after a hearing is conducted in accordance with Env-C 200 as applicable to adjudicative proceedings.(e) Accreditation shall be suspended for each affected field of accreditation where the laboratory fails 2 out of the most recent 3 PT studies. The suspension shall remain in effect until the laboratory has successfully participated in 2 out of the 3 most recent PT studies. The laboratory shall not be required to reapply for accreditation if the suspension is for failure on PT studies. The suspension shall take effect upon the primary accrediting body's processing of the PT results.(f) After a laboratory's accreditation has been suspended, the laboratory shall not continue to analyze samples for clients who need analytical results from an accredited laboratory in the field(s) of testing for which the laboratory's accreditation has been suspended.(g) A laboratory shall not need to reapply for accreditation if the cause(s) for suspension are corrected within 6 months of the effective date of the suspension.(h) If the laboratory does not correct each basis for suspension within 6 months of the effective date of the suspension, the accreditation that had been suspended shall be revoked.(i) The laboratory shall retain accreditation for the fields of accreditation in which it continues to meet the requirements of the TNI standards.(j) The laboratory's suspended accreditation status shall be changed to accredited when the laboratory demonstrates to the department that the laboratory has corrected the cause of the suspension.(k) Secondary accreditation shall:(1) Be suspended by the department if the accreditation granted by the primary accreditation body has been suspended; and(2) Remain suspended until accreditation is reinstated by the primary accreditation body.N.H. Code Admin. R. Env-C 311.02
#4861, eff 7-6-90; ss by #5564, eff 1-28-93, EXPIRED: 1-28-99
New. #7035, INTERIM, eff 6-25-99, EXPIRES: 10-23-99
New. #7126, eff 10-29-99; ss by 9009, INTERIM, eff 10-29-07, EXPIRES: 4-26-08; ss by #9134, eff 4-19-08
Amended by Volume XXXVII Number 2, Filed January 12, 2017, Proposed by #12065, Effective 1/1/2017, Expires 1/1/2027.Amended by Volume XLI Number 49, Filed December 9, 2021, Proposed by #13291, Effective 11/23/2021, Expires 11/23/2031