Wash. Admin. Code § 314-55-1035 - Laboratory certification-Suspension and revocation
(1) The board may suspend or revoke the
certification of any laboratory certified under WAC 314-55-0995 for violations of any of the following:
(a) The
laboratory owner or science director violates any of the requirements of chapter 314-55 WAC relating to the operations of the laboratory.
(b) The laboratory owner or science director aids, abets, or permits the violation of any provision of chapters
314-55 WAC, 69.50 RCW, 69.51A RCW, or Title 9 or 9A RCW related to the operations of the laboratory, or the laboratory owner or science director
permits laboratory staff to do so.
(c) Evidence the certificate holder or owner made false statements in
any material including, but not limited to:
(i) On the application for certification;
(ii) In submissions to the board relating to receiving or maintaining certification; or
(iii) Regarding any testing performed or results provided to LCB or the cannabis licensee by the certificate holder
or owner pursuant to WAC 314-55-102.
(d) The laboratory owner or science director is convicted
of any crime substantially related to the qualifications or duties of that owner and related to the functions of the laboratory, including a
conviction for falsifying any report of or that relates to a laboratory analysis. For purposes of this subsection, a "conviction" means a plea or
finding of guilt regardless of whether the imposition of sentence is deferred or the penalty is suspended.
(e) The laboratory submits proficiency test sample results generated by another laboratory as its own.
(f) The laboratory conducts testing under this chapter outside of their approved scope of WSDA accreditation under
chapter 16-310 WAC.
(g) The laboratory conducts testing for which the accredited testing parameter has
been suspended by the WSDA under chapter 16-310 WAC.
(h) The laboratory fails to properly submit
laboratory results to the board into the traceability system.
(i) The laboratory fails to maintain
laboratory records required under this chapter.
(j) The laboratory has any financial interest in a
licensed producer or processor.
(k) The laboratory fails to correct any identified noncompliance with
this chapter.
(l) The laboratory omits testing result information found during testing.
(m) The laboratory fails to notify LCB of any change in accreditation status with the WSDA as required under WAC
314-55-0995.
(n) The laboratory staff denies entry to any employee of the LCB during normal business
hours for an on-site assessment or inspection, as required by chapter 314-55 WAC.
(2) The LCB
may summarily suspend a laboratory's certification if a certified laboratory is found to have falsified test results, records, or engages in
activities upon a determination that immediate cessation of the licensed activities is necessary for the protection or preservation of the public
health, safety, or welfare.
(3) The penalties for violations in subsection (1) of this section are as
follows:
(a) First violation: Ten-day suspension of the laboratory's certification or until the laboratory corrects
the violation leading to the suspension, whichever is longer.
(b) Second violation within a three-year
period: Thirty-day suspension of laboratory certification or until the laboratory corrects the violation leading to the suspension, whichever is
longer.
(c) Third violation within a three-year period: Revocation of the laboratory's
certification.
(4) A laboratory that has its certification suspended or revoked under this
section may request an administrative hearing to contest the suspension or revocation as provided in chapter 34.05 RCW.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) The board may summarily suspend or revoke the certification of any lab certified under WAC 314-55-0995 for any of the following reasons:
(a) The laboratory owner or science director violates any of the requirements of chapter 314-55 WAC relating to the operations of the laboratory.
(b) The laboratory owner or science director aids, abets, or permits the violation of any provision of chapters 314-55 WAC, 69.50 RCW, 69.51A RCW, or Title 9 or 9A RCW related to the operations of the laboratory, or the laboratory owner or science director permits laboratory staff to do so.
(c) Evidence the certificate holder or owner made false statements in any material regard:
(i) On the application for certification;
(ii) In submissions to the board relating to receiving or maintaining certification; or
(iii) Regarding any testing performed or results provided to WSLCB or the cannabis licensee by the certificate holder or owner pursuant to WAC 314-55-102.
(d) The laboratory owner or science director is convicted of any crime substantially related to the qualifications or duties of that owner and related to the functions of the laboratory, including a conviction for falsifying any report of or that relates to a laboratory analysis. For purposes of this subsection, a "conviction" means a plea or finding of guilt regardless of whether the imposition of sentence is deferred or the penalty is suspended.
(e) The laboratory submits proficiency test sample results generated by another laboratory as its own.
(f) The laboratory staff denies entry to any employee of the WSLCB or WSLCB's vendor during normal business hours for an on-site assessment or inspection, as required by WAC 314-55-0995, 314-55-102, 314-55-1025, or 314-55-103.
(2)
(a) The following violations are subject to the penalties as provided in (b) of this subsection:
(i) The laboratory fails to submit an acceptable corrective action report in response to a deficiency report, and failure to implement corrective action related to any deficiencies found during a laboratory assessment.
(ii) The laboratory fails to report proficiency testing results pursuant to WAC 314-55-1025.
(iii) The laboratory fails to remit certification fees within the time limit established by a certifying authority.
(iv) The laboratory fails to meet recordkeeping requirements as required by chapter 314-55 WAC unless the failure to maintain records is substantial enough to warrant a suspension or revocation under subsection (1) of this section.
(b) The penalties for the violations in (a) of this subsection are as follows:
(i) First violation: Ten-day suspension of the lab's certification or until the lab corrects the violation leading to the suspension, whichever is longer.
(ii) Second violation within a three-year period: Thirty-day suspension of laboratory certification or until the laboratory corrects the violation leading to the suspension, whichever is longer.
(iii) Third violation within a three-year period: Revocation of the lab's certification.
(3) A certified lab may also be subject to a suspension of certification related to proficiency testing requirements under WAC 314-55-1025.
(4) A laboratory that has its certification suspended or revoked under this section may request an administrative hearing to contest the suspension or revocation as provided in chapter 34.05 RCW.