Section 186.215  Hearing, Decision and Appeal

a)         The following procedures apply to all accreditation actions that are required by law to be preceded by notice and an opportunity to be heard.  These actions include suspension, revocation, and denial of accreditation.  Prior to revocation, suspension, or denial of accreditation, the Agency shall give written notice of the action by certified mail to the laboratory's accreditation contact.  The notice shall state the facts or conduct and the Sections of the NELAC standards that form the basis for the decision.  The notice shall also state the effective date of the action and set forth the procedures for requesting a hearing.  All actions are effective 15 days after the laboratory receives the notice, unless the laboratory files a written notice of appeal prior to the 15th day.  The Agency shall not extend the 14 day appeal period.  The notice of appeal shall be filed with the Agency by certified mail, hand delivery, or telefacsimile followed by certified mail in care of the laboratory's accreditation officer, mail code number four, Division of Laboratories, 1021 North Grand Avenue East, P.O. Box 19276, Springfield, Illinois 62794-9276.

b)         All hearings pursuant to this Part shall be held in Springfield, Illinois.  Should a hearing be requested, the Director of the Agency shall appoint one or more Agency employees or may appoint a nonagency employee to chair the proceedings.  The hearing shall be conducted in accordance with the hearing requirements of Article 10 of the Illinois Administrative Procedure Act [5 ILCS 100/Art. 10].

c)         The Director of the Agency shall make a decision within 30 days after receiving the hearing transcript.  The Director of the Agency shall give written notice by certified mail of the decision, including its basis, to the laboratory's lead technical director.

d)         Within 35 days after its receipt of a notice of decision pursuant to subsection (c), the laboratory may file an appeal to the Illinois Pollution Control Board.

(Source:  Amended at 26 Ill. Reg. 12167, effective July 29, 2002)