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§ 64814.05. Notification of Change of Technical Manager, Quality Manager or Ownership.

22 CA ADC § 64814.05Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 22. Social Security
Division 4. Environmental Health
Chapter 19. Certification of Environmental Laboratories
Article 6. Notification, Reporting, Records Retention, Change of Technical Manager or Ownership, and Trade Secrets
22 CCR § 64814.05
§ 64814.05. Notification of Change of Technical Manager, Quality Manager or Ownership.
(a) When there is a change of Technical Manager and/or Quality Manager, the laboratory shall, within thirty (30) days, submit notification to ELAP that includes:
(1) Name of the laboratory;
(2) Certificate number of the laboratory;
(3) Address of the laboratory;
(4) Name(s) of existing or previous Technical Manager and/or Quality Manager;
(5) Name(s) of new Technical Manager and/or Quality Manager;
(6) Qualifications of new Technical Manager in accordance with Section 64812.00;
(7) Copies of applicable degrees and/or Laboratory Analyst/Water Quality Analyst Certificates from CWEA or CA-NV/AWWA;
(8) Signature of the laboratory Owner, corporate officer authorized to act on behalf of the laboratory, or Owner's Agent (including authority to act on behalf of the Owner) attesting to the truthfulness of the information submitted; and
(9) Signature date.
(b) When the ownership of a laboratory is changed or transferred, the new Owner may request to operate under the laboratory's existing ELAP certificate of accreditation as stated in Health and Safety Code section 100845, subdivisions (b) and (c):
(1) To request to operate under the laboratory's existing ELAP certificate of accreditation, the new Owner shall, within thirty (30) days after the effective date of ownership change, submit a written request to ELAP and pay the fees in accordance with Section 64802.25. The written request shall include:
(A) Name(s) of the new Owner(s) and the Owner(s) designee, if applicable;
(B) Effective date of the change in ownership;
(C) Name(s) and qualifications of current Technical Manager;
(D) Name of current Quality Manager;
(E) Statement that the new Owner will operate pursuant to the laboratory's existing Quality Manual. If changes to the laboratory are made that may adversely affect the quality of the analyses in Field(s) of Accreditation, the new Owner shall submit:
(i) An updated Quality Manual; and
(ii) Proficiency Testing report(s) with Acceptable Scores for each Field of Accreditation affected by the change in ownership;
(F) Statement that the laboratory will remain in the existing location;
(G) Statement that the new Owner has retained more than half of laboratory personnel upon assuming ownership;
(H) Statement that the new Owner will retain all records and data from analyses performed under the previous ownership for a minimum of five (5) years;
(I) Statement that the new Owner will comply with applicable laws and regulations;
(J) Signature of the new Owner, corporate officer authorized to act on behalf of the Owner, or Owner's Agent (including documentation of authority to act on behalf of the Owner) attesting to the truthfulness of the information submitted; and
(K) Signature date.
(2) ELAP may conduct an on-site assessment in response to a change in ownership. If an on-site assessment is conducted, the laboratory shall comply with requirements in accordance with Section 64802.20.

Credits

Note: Authority cited: Sections 100829 and 100830, Health and Safety Code. Reference: Sections 100845 and 100865, Health and Safety Code.
History
1. New section filed 11-19-2020; operative 1-1-2021 (Register 2020, No. 47). (Filing deadline specified in Government Code section 11349.3(a) extended by 60 calendar days pursuant to Executive Order N-40-20.)
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 22, § 64814.05, 22 CA ADC § 64814.05
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