SECTION 310:638-3-6. Enforcement

(a)   Revocation, suspension, or nonrenewal of license. The license of a testing facility may be revoked, suspended, or nonrenewed upon the filing of an individual proceeding in accordance with Chapter 2 of this Title.

(b)   Factors to consider. The following factors shall be considered in determining whether revocation, suspension, or nonrenewal is necessary:

(1)   Unsatisfactory performance in analyzing and reporting the results of drug or alcohol tests;

(2)   Unsuccessful performance in proficiency testing or testing facility inspections;

(3)   Failure to conduct confirmatory testing of a positive drug or alcohol test obtained on the initial screening test;

(4)   Conviction of any criminal offense committed as an incident to operation of the testing facility;

(5)   Loss of certified, licensed or accredited status by the certifying, licensing or accrediting body, or failure to notify the Department of loss of certification, licensure or accreditation as required by this Chapter;

(6)   Failure to detect the presence or absence of a drug or drugs in blind performance test specimens if an employer chooses to submit such specimens;

(7)   Failure to comply with any provision of the Act or this Chapter;

(8)   Any other cause which materially affects the ability of the testing facility to ensure full reliability and accuracy of drug or alcohol tests and the accurate reporting of results.

(c)   Period and terms. The period and terms of revocation, suspension, or nonrenewal shall be determined by the Commissioner of Health and shall depend on the facts and circumstances of the revocation, suspension, or nonrenewal and the need to ensure accurate and reliable drug and alcohol testing of the employees.

(d)   Following revocation, suspension, or nonrenewal of license. Upon revocation, suspension, or nonrenewal of the intrastate license a testing facility located in Oklahoma shall cease all drug and alcohol testing. Upon revocation, suspension, or nonrenewal of the interstate license a testing facility located outside the State of Oklahoma shall cease all drug and alcohol testing for Oklahoma employers. Revocation, suspension, or nonrenewal of the license may be appealed in accordance with the Oklahoma Administrative Procedures Act (75 O.S. Sections 309 et seq.)

(e)   Reinstatement of testing facility license. Following the termination or expiration of any suspension, revocation, or nonrenewal, a testing facility may apply for reinstatement. Upon submission of evidence satisfactory to the Commissioner of Health that the testing facility is in compliance with this Chapter and any conditions imposed as part of the suspension, revocation, or nonrenewal, the Commissioner of Health may reinstate the testing facility. If the license issued to a testing facility has been suspended, revoked, or nonrenewed because of unsuccessful performance in proficiency testing, the reinstatement shall only occur after the testing facility has demonstrated satisfactory performance on three consecutive proficiency testing events.

[Source: Added at 11 Ok Reg 4339, eff 7-14-94 (emergency); Added at 12 Ok Reg 517, eff 12-12-94 (emergency); Added at 12 Ok Reg 3069, eff 7-27-95; Amended at 17 Ok Reg 381, eff 11-1-99 (emergency); Amended at 17 Ok Reg 2045, eff 6-12-00]