NR 149.21(1)(c)1.c.
c. ASA is the approved spending authority for the given fiscal year. The department may substitute a lesser amount than the ASA if the ASA is greater than the estimated costs of the program.
NR 149.21 Note
Note: The department of administration approved spending authority is given in s.
20.7379 (2) (fj), Stats., and may be revised by the department of administration to recover program cost.
NR 149.21(1)(c)2.a.
a. Total # RV Units is the total number of relative value (RV) units available for the fiscal year. The relative value units for each fee item (RV of item) are listed in tables 1, 2 and 3.
NR 149.21(1)(c)2.b.
b. # Laboratories in item is a count of how many laboratories paid the fee for that item for a given fiscal year.
NR 149.21(1)(c)2.c.
c. Total # of RV Units is calculated by summing the product of (RV of item) and (# laboratories in each item) for each item.
NR 149.21(1)(c)3.
3. Cost per RV = (ASA - TR)/Total # RV Units. The Cost per RV is the dollar value assigned to one RV unit.
NR 149.21(1)(d)
(d) The fees for the upcoming fiscal year shall be based upon program information from the previous fiscal year and upon the approved spending authority for the upcoming fiscal year. The number of laboratories participating in the program shall be determined no earlier than 6 months prior to the billing for the upcoming fiscal year. The estimated travel reimbursement shall be equal to the travel reimbursement from the preceding fiscal year. The calculated fees may not be adjusted during the current fiscal year once laboratories have been billed.
NR 149.21(2)
(2) Administrative fees. The department shall assess fees to recover the cost of specified administrative functions specified in Table 1 of this subchapter. Any outstanding administrative fees may be included as part of the annual fee.
1 Out-of-state laboratories may be required to reimburse the program for travel costs incurred by the cancellation or postponement of an evaluation, not limited to airfare, hotel and rental car expenses.
2 Assessed 30 days after payment due date.
NR 149.21(3)
(3) Application fees. The department shall assess fees for all applications specified in Table 2 of this subchapter. If an application is not completed within a single fiscal year, the department may adjust the fees on the application to recover the difference in fees between the year the application was submitted and the year the application was completed. The laboratory shall pay this difference prior to receiving certifications or registrations.
NR 149.21(4)
(4) Annual fees. The department shall assess an annual fee to each laboratory holding certifications or registrations under this chapter either directly or through recognition agreements. A laboratory's annual fee shall be the sum of all of the following:
NR 149.21(4)(a)
(a) The base fee for certification or registration. The department shall assess a base fee to all laboratories holding certifications or registrations under this chapter. The number of relative value units assigned to each type of base fee is specified in Table 3 of this subchapter
NR 149.21(4)(b)
(b) The matrix fee. The department shall assess a fee per matrix type to all certified and registered laboratories. The number of relative value units assigned to each type of matrix fee is specified in Table 3 of this subchapter.
NR 149.21(4)(c)
(c) Analytical technology or analytical class fees, considering any maximum specified in this subsection.
NR 149.21(4)(c)1.
1. `Analytical technology fees.' The department shall assess a fee for each analytical technology per matrix to all certified and registered laboratories in fields involving the aqueous and solid matrices. The assessed fee shall be based on the relative value units specified in Table 3 of this subchapter and subject to any maximum fee specified in this subchapter.
NR 149.21(4)(c)1.a.
a. The maximum analytical technology fee assessed to any lab for the aqueous matrix shall be 22 relative value units (RVU).
NR 149.21(4)(c)1.b.
b. The maximum analytical technology fee assessed to any lab for the solid matrix shall be 22 relative value units (RVU).
NR 149.21(4)(c)2.
2. `Analytical class fees.' The department shall assess a fee per analytical class to all certified laboratories in fields involving the drinking water matrix. The assessed fee shall be based on the relative value units specified in Table 3 of this subchapter and subject to any maximum fee specified in this subchapter. The maximum analytical class fee assessed to any lab for the drinking water matrix shall be 31 relative value units (RVU).
NR 149.21 Note
Note: Considering base fees, matrix fees, analytical technology fee maximums, and the analytical class fee maximum, this effectively establishes a maximum annual fee "cap" of 100 RVUs for any laboratory.
-
See PDF for table 
1 Actual cost will be determined by the department considering the complexity of the technology.
NR 149.21 History
History: CR 06-005: cr.
Register April 2008 No. 628, eff. 9-1-08.
NR 149.22
NR 149.22
Required analyses of proficiency testing samples. NR 149.22(1)(a)(a) Laboratories shall participate in at least one single-concentration proficiency testing study per certification or registration period for each analyte or analyte group identified by the department as specified in
sub. (2).
NR 149.22(1)(a)1.
1. For aqueous and solid matrices, laboratories shall analyze aqueous matrix proficiency testing samples for each combination of technique and analyte or analyte group in a laboratory's fields of certification or registration.
NR 149.22(1)(a)2.
2. For the drinking water matrix, laboratories shall analyze proficiency testing samples for each combination of method and analyte or analyte group in a laboratory's fields of certification.
NR 149.22(1)(b)
(b) Single-concentration proficiency testing studies may be those offered at set intervals by proficiency testing sample providers, "rapid response" samples or custom formulations approved by the department.
NR 149.22(2)
(2) Lists of required proficiency testing samples and approved providers. NR 149.22(2)(a)(a) The department shall publish a list of required proficiency testing samples and approved proficiency testing sample providers annually. The department shall seek the advice of the certification standards review council prior to identifying required proficiency testing samples and approved sample providers.
NR 149.22(2)(b)
(b) The list shall identify matrix-specific proficiency testing samples required for submittal for renewal of accreditation, or with initial or revised applications and the specific providers approved for supplying each required sample.
NR 149.22(3)(a)(a) Laboratories performing the following analytical techniques for metals analysis in aqueous and solid matrices shall analyze quality control standards 3 times per year at evenly spaced intervals in lieu of analyzing proficiency testing samples:
NR 149.22(3)(b)
(b) Laboratories analyzing ultra-low level metals in aqueous and solid matrices shall analyze quality control standards 3 times per year at evenly spaced intervals in lieu of analyzing proficiency testing samples. Quality control standards shall be diluted to fall within the working concentration of the analytical technique.
NR 149.22 History
History: CR 06-005: cr.
Register April 2008 No. 628, eff. 9-1-08.
NR 149.23
NR 149.23
Approval of proficiency testing sample providers. When evaluating a proficiency testing sample provider for approval, the department shall consider criteria including, but not limited to, the provider's:
NR 149.23(1)
(1) Accreditation status by nationally recognized accreditation programs.
NR 149.23(3)
(3) Ability to submit results to the department in a format specified by the department, including electronic media.
NR 149.23 History
History: CR 06-005: cr.
Register April 2008 No. 628, eff. 9-1-08.
NR 149.24(1)
(1)
Applications for aqueous and solid matrices. Laboratories submitting initial or revised applications for certification or registration in aqueous and solid matrices shall analyze proficiency testing samples from an approved proficiency testing sample provider and submit acceptable results for each technique and analyte or analyte group for which the department has identified that proficiency testing samples are required.
NR 149.24(1)(a)
(a) Acceptable proficiency testing samples shall be analyzed no more than 6 months prior to the date of application.
NR 149.24(1)(b)
(b) The department may not grant a certification or registration unless the associated proficiency testing sample results meet the criteria specified in
s. NR 149.27.
NR 149.24(2)
(2) Applications for drinking water matrix. Laboratories submitting initial or revised applications for certification in the drinking water matrix shall analyze proficiency testing samples from an approved proficiency testing sample provider and submit acceptable results for each method and analyte or analyte group.
NR 149.24(2)(a)
(a) Acceptable proficiency testing samples shall be analyzed no more than 6 months prior to the date of application.
NR 149.24(2)(b)
(b) The department may not grant a certification or registration unless the associated proficiency testing sample results meet the criteria specified in
s. NR 149.27.
NR 149.24(3)
(3) Annual renewal for aqueous and solid matrices. Laboratories seeking renewal of certification or registration for aqueous or solid matrices shall analyze at least one proficiency testing sample, prepared in an aqueous matrix, from an approved proficiency testing sample provider and submit acceptable results for each technique and analyte or analyte group for which the department has identified that proficiency testing samples are required. Laboratories with 3 consecutive proficiency testing sample failures in a year for any technique and analyte or analyte group shall submit 2 consecutive acceptable proficiency testing samples from an approved proficiency testing sample provider for that technique and analyte or analyte group.
NR 149.24 Note
Note: Proficiency testing samples prepared in a solid matrix are not required at this time to obtain or renew certification or registration for analytes or analyte groups under the solid matrix tier.
NR 149.24(3)(a)
(a) For renewal of certifications or registrations, which begin on September 1 of each calendar year, acceptable proficiency testing sample results shall have been reported by an approved PT provider no sooner than January 1 or later than August 15 of the same calendar year.
NR 149.24 Note
Note: For example, to renew certification for any parameter effective for the period from September 1, 2009 to August 31, 2010, a laboratory shall have successfully analyzed a PT sample for that parameter reported between January 1 and August 15, 2009.
NR 149.24(3)(b)
(b) Reports from proficiency testing sample providers shall be received by the department on or before August 15 of each year.
NR 149.24(3)(c)
(c) The department may not renew a certification or registration unless the associated proficiency testing sample results meet the criteria specified in
s. NR 149.27.
NR 149.24(4)
(4) Annual renewal for drinking water matrix. Laboratories seeking renewal of certification for the drinking water matrix shall analyze at least one proficiency testing sample from an approved proficiency testing sample provider and submit acceptable results for each method and analyte or analyte group.
NR 149.24(4)(a)
(a) For renewal of certifications or registrations, which begin on September 1 of each calendar year, acceptable proficiency testing sample results shall have been reported by an approved PT provider no sooner than January 1 or later than August 15 of the same calendar year.
NR 149.24(4)(b)
(b) Reports from proficiency testing sample providers shall be received by the department on or before August 15 of each year.
NR 149.24(4)(c)
(c) The department may not renew a certification or registration unless the associated proficiency testing sample results meet the requirements specified in
s. NR 149.27.
NR 149.24 History
History: CR 06-005: cr.
Register April 2008 No. 628, eff. 9-1-08.
NR 149.25
NR 149.25
Treatment of proficiency testing samples by laboratories. NR 149.25(1)
(1) Proficiency testing samples shall be subjected to any preparatory steps undergone by analytical samples, unless the preparation instructions submitted by a provider specifically instruct omitting a preparatory step.
NR 149.25 Note
Note: Preparatory steps include digestions, distillations, extractions, concentrations and dilutions.
NR 149.25(2)
(2) Laboratories may report multiple results of multiple analyses of a single proficiency testing sample when a laboratory maintains certifications or registrations for multiple techniques for any analyte or analyte group in aqueous and solid matrices.
NR 149.25(3)
(3) Laboratories may report multiple results of a single proficiency testing sample when the laboratory maintains certifications for multiple methods for any analyte or analyte group in the drinking water matrix.
NR 149.25(4)
(4) Prior to submitting proficiency testing results to a proficiency testing sample provider:
NR 149.25(4)(a)
(a) Laboratories may not send a proficiency testing sample, or portion of a proficiency testing sample to another laboratory for analysis.
NR 149.25(4)(b)
(b) Laboratories may not knowingly analyze a proficiency testing sample, or a portion of a proficiency testing sample from another laboratory.
NR 149.25(4)(c)
(c) Laboratories may not communicate results of a proficiency testing sample with another laboratory.
NR 149.25 History
History: CR 06-005: cr.
Register April 2008 No. 628, eff. 9-1-08.
NR 149.26(1)(1) Laboratories shall submit proficiency testing sample results to providers in accordance with the dates specified by the providers.
NR 149.26(2)
(2) Proficiency testing reports may be submitted to the department directly from the provider or by the laboratory, but it is the laboratory's responsibility to ensure the department receives the necessary reports for initial and revised applications. Reports submitted by the laboratory shall be submitted in their entirety, without modification, to the department.
NR 149.26(3)
(3) Results from all proficiency testing reports issued to the department by providers shall be used to determine a laboratory's certification or registration status.
NR 149.26(4)
(4) Proficiency testing reports may be amended and reissued by the provider when errors attributable to the proficiency testing sample provider are identified. The department shall accept amended and reissued reports if they are:
NR 149.26 History
History: CR 06-005: cr.
Register April 2008 No. 628, eff. 9-1-08.
NR 149.27
NR 149.27
Proficiency testing sample acceptance limits and grading. NR 149.27(1)(1)
Acceptance limits. A laboratory's result for any analyte or analyte group is considered unacceptable if it meets any of the following conditions:
