TITLE X
PUBLIC HEALTH

CHAPTER 147-A
HAZARDOUS WASTE MANAGEMENT

Section 147-A:5-b

    147-A:5-b Fees; Advertising. –
I. The commissioner shall adopt rules under RSA 541-A, after public hearing, establishing a schedule of reasonable fees to be paid by any laboratory applying for approval and certification, including any travel and consultant costs related to certification of out-of-state laboratories.
II. The schedule of fees shall be designed to recover the direct costs and travel expenses associated with the certification services provided under RSA 147-A:5-a, and such fees shall be available to the department to be used to defray the cost of travel and associated expenses for such services, including any additional travel and consultant expenses related to certification of out-of-state laboratories. Funds received shall be deposited in a special account maintained by the department of environmental services to offset the costs of the inspection program. Any balance remaining at the end of the fiscal year shall lapse to the general fund. This paragraph shall not be construed to mean that all agency costs associated with the certification program, such as agency overhead, facilities, and staff services are to be prorated and recovered by fees.
III. A laboratory shall provide each prospective New Hampshire client with a list which clearly indicates the specific analytes which the laboratory is certified to test. In the event that a client has paid a fee to a laboratory in anticipation of testing services before the receipt of said test sampling materials, and the client subsequently determines upon receipt of the test materials that the laboratory is not certified to provide testing services to meet his needs, the client may cancel his order for any testing services which have not yet been performed, and the laboratory shall make full refund to the client. Test reports shall clearly identify those specific analytes for which a laboratory has certification and shall specifically identify any analyses which were subcontracted to other laboratories.

Source. 1987, 143:1. 1996, 228:106, 110, eff. July 1, 1996.