Section 179-20-007 - DISCIPLINARY ACTIONS007.01GROUNDS FOR DOWNGRADING TO PROVISIONALLY CERTIFIED STATUS. A laboratory will be downgraded to provisionally certified status for a contaminant or group of contaminants for any of the following reasons:(A) Failure to analyze a proficiency testing sample at least every 12 months within the acceptance limits specified by the proficiency testing provider;(B) Failure of a certified laboratory to notify the Department within 30 days of major changes (e.g., in personnel, equipment, or laboratory location);(C) Failure to satisfy the Department that the laboratory is maintaining the required standard of quality, based upon an on-site evaluation; or(D) Failure to report compliance data to the public water system and to the Department of Environment and Energy, Drinking Water Monitoring and Compliance Program, in a timely manner as determined by it and set out in the regulations adopted under the Nebraska Safe Drinking Water Act. Data which may cause a system to exceed a maximum contaminant or action level must be reported to the public water system and to the Department of Environment and Energy, Drinking Water Monitoring and Compliance Program, immediately upon discovery.007.02GROUNDS FOR DENIAL, REVOCATION, SUSPENSION, OR REFUSAL TO RENEW. A laboratory certification may be denied, revoked, suspended, or refused renewal for any of the following reasons: (A) Violation of Neb. Rev. Stats. §§ 71-2619 to 2621, the Nebraska Safe Drinking Water Act, or this chapter;(B) Falsification of data or other deceptive practices;(C) Failure to maintain required staff;(D) Failure to comply with the reporting requirements;(E) Failure to use the analytical methodology for which the laboratory is certified;(F) Refusal or failure to participate in an on-site evaluation conducted by the Department or to provide information or documents requested by the Department;(G) Failure to successfully analyze a proficiency testing sample or any other unknown test sample for a particular contaminant within the acceptance limits specified;(H) Failure to demonstrate to the Department that the laboratory has corrected deviations identified during an on-site evaluation; or(I) Failure to report compliance data to the public water system and to the Department of Environment and Energy, Drinking Water Monitoring and Compliance Program, in a timely manner as determined by it and set out in the regulations adopted under the Nebraska Safe Drinking Water Act. Data which may cause a system to exceed a maximum contaminant or action level must be reported to the public water system and to the Department of Environment and Energy, Drinking Water Monitoring and Compliance Program, immediately upon discovery.007.03REQUEST FOR HEARING. In the event of any disciplinary action, the decision of the Department will be final 30 days after the mailing of the notice unless the director or other designated representative of the laboratory, within such period, gives written notice to the Department of a desire for hearing. Hearings before the Department will be conducted in accordance with Chapter 84, Article 9 and 184 NAC 1.179 Neb. Admin. Code, ch. 20, § 007
Amended effective 11/14/2017Amended effective 6/14/2023