Lab applicant appeals denial over Rejection Notice citations
Green Precision Analytics, based out of the Kansas City area, filed its appeal after being denied a testing facility application. GPA was the first application denied in the state and was denied on the grounds of ownership, which they edited after notice.
GPA scored in the top ten of testing facilities – scoring 7th. The state awarded 10 licenses. Their hope is the state will award an 11th license.
The company believes the notice they were given did not fulfill the Department’s responsibility to specify missing information. The applicant included new ownership information which was not reflective of its then-enacted bylaws.
From the filing:
- Had the Department fulfilled its obligation under 19 CSR 30–95.040(1)(B)4 to “specify” what information was missing from GPA’s application, GPA could have corrected the clerical error in its voting percentages before resubmitting its application.
- For instance, if the Rejection Notice, like the denial notice, specifically cited the majority ownership regulations, GPA could have identified and corrected the clerical mistake it made regarding its voting percentages.
Overall, Green Precision believes that the citation is a major problem.
Based on the foregoing, the Department’s denial of GPA’s testing application should be reversed because the Department’s action was improper in one or more of the following respects:
- It violates the Missouri Constitution;
- It is in excess of the Department’s authority;
- It is unsupported by competent and substantial evidence;
- It is arbitrary, capricious or unreasonable; and
- It involves abuse of discretion.
Read the full filing below:
[pdf id=3187]
Greenway will continue following this case and license appeals made.
Testing application answer scorings were released on January 1, 2020, by the State. It is expected the same format will be used for other facility application types.