26.08.05.12

.12 Downgrading of Certification for Performance of Specific Tests.

A. If a water quality laboratory is subject to a change in certification status, the Certification Authority shall notify the laboratory in writing of the intent to downgrade the parameter list for the certificate.

B. The Department may deny, make provisional, or revoke approval for one or more tests for the following reasons:

(1) The certified water quality laboratory fails to satisfactorily participate in an approved proficiency test program as indicated, or to pass the test for each parameter and test method combination;

(2) Failure to pass two or more consecutive proficiency tests;

(3) Failure to implement a Quality Assurance Program required under Regulation .10 of this chapter;

(4) Failure to pass an on-site evaluation;

(5) Failure to complete an acceptable corrective action plan to address the on-site evaluation report; or

(6) Failure to report compliance data in a timely manner, as specified in COMAR 26.04.01.

C. A water quality laboratory that is subject to a change in certification status under this section may not analyze those drinking water compliance samples for which approval has been denied or revoked by the Certification Authority.

D. A certified water quality laboratory that has been denied or revoked approval for performance of certain tests may regain approval by documenting corrective actions taken and by requesting a review of the corrective actions.

E. Reinstatement.

(1) The Certification Authority may require an on-site evaluation prior to reinstatement.

(2) Within 30 days after completion of the on-site review, the certification officer shall make a recommendation on the status to the laboratory and submit his report to the laboratory.

(3) The water quality laboratory shall respond with corrective actions within 30 days of the receipt of the on-site report.

(4) If the corrective actions are acceptable, the Certification Authority may reinstate approval subject to continued compliance with these regulations.

(5) If the corrective actions are not acceptable, the Certification Authority may require additional corrections.

F. Reinstatement Corrective Actions.

(1) If the Certification Authority does not reinstate approval for specific tests under this regulation, the Certification Authority shall provide the water quality laboratory supervisor with written notice of actions to be taken to correct deficiencies.

(2) The certified water quality laboratory supervisor may request a new review after 60 days from the date of the last review.