N.D. Admin. Code 33.1-23-02-27

Current through Supplement No. 394, October, 2024

Section 33.1-23-02-27 - Term of reciprocal certification and application contests

1. Reciprocal certification is granted following the procedure as outlined in the "North Dakota Environmental Laboratory Certification Program Manual".

2. A laboratory holding a primary accreditation or certification from another accrediting body may apply for reciprocal certification in North Dakota.

3. The department may approve other certifying authorities of federal agencies and agencies of other states for reciprocal recognition of laboratory certification programs or portions of programs that are substantially equivalent.

4. A certification program is considered substantially equivalent if a review of the certification authority's rules are substantially equivalent to the rules and guidelines of the department's laboratory certification program and including:

a. Inspections of certified laboratories are performed at intervals not exceeding three years;

b. The certifying authority requires an acceptable corrective action response associated with enforcement action, suspension, or revocation from the laboratory; and

c. The certifying authority is the primary authority for necessary enforcement actions, such as suspension or revocation of the laboratory's certification.

5. The department may give reciprocal certification for a laboratory that:

a. Submits an application meeting the certification requirements of section 33.1-23-02-23;

b. Submits the appropriate fees with its application;

c. Provides a copy of current certification documents,including certificate, letter, and list of certified parameters, from the primary certifying state or private or federal authority; and

d. Provides a copy of the primary certifying authority's most recent audit report and including any corrective action that was taken.

6. A laboratory certified under this section shall notify the department within thirty days after any enforcement action is taken by the reciprocal certifying authority.

7. Laboratories certified under reciprocity agreements are subject to this article unless specifically stated as a unique requirement for primary certification.

8. Certification becomes effective the date of issuance and is valid for up to three hundred sixty-five days unless suspended, revoked, or voluntarily discontinued. The certification period may be extended at the discretion of the department. The certification period on the North Dakota certificate shall not exceed the certification period on the primary certificate.

N.D. Admin Code 33.1-23-02-27

Adopted by Administrative Rules Supplement 2020-377, July 2020, effective 7/1/2020.

General Authority: NDCC 23.1-01-14

Law Implemented: NDCC 23.1-01-14