845-025-5030 Laboratory Licensing Requirements (1) General Requirements. (a) A laboratory that intends to collect samples or test marijuana items for producer, processor, wholesale, or retail licensees, or research certificate holders must be licensed by the Commission. (b) An applicant for a license under this rule must comply with all applicable application requirements in OAR 845-025-1030 and pay the required application and license fees. (c) A laboratory application is subject to the same application review procedures as other applicants. (d) In addition to the denial criteria in OAR 845-025-1115, the Commission may refuse to issue a laboratory license for any violation ORS 475C.540 to 475C.586, OAR 333-007-0300 to 333-007-0490, OAR 333, Division 64 or these rules. (e) In addition to the denial criteria in OAR 845-025-1115, the Commission may refuse to issue a laboratory license to any person who: (A) Holds a producer, processor, wholesale or retail license; (B) Is registered with the authority under ORS 475C.792 and is a person designated to produce marijuana by a registry identification cardholder as that is defined in ORS 475C.777; or (C) Is registered with the authority under ORS 475C.815 or 475C.833. (f) Laboratory application and license fees are established in OAR 845-025-1060. (g) A laboratory that is only accredited to perform sampling may be designated as a Sampling Laboratory for purposes of the licensing fee in OAR 845-025-1060. This designation may only be changed upon license renewal. (2) Accreditation by the Authority (a) In addition to the requirements listed in section (1) of this rule, an applicant for a laboratory license must be accredited by the Authority under OAR 333, Division 64 for any cannabis sampling or testing the applicant will perform under OAR 333-007-0300 to 333-007-0490. (b) An applicant for a license under this rule may apply for licensure prior to receiving accreditation, but the Commission will not issue a license until proof of accreditation is received. (c) The Commission may make efforts to verify or check on an applicant’s accreditation status during the licensing process, but an applicant bears the burden of taking all steps needed to secure accreditation and present proof of accreditation to the Commission. (d) In addition to the denial criteria in OAR 845-025-1115, the Commission may consider an application incomplete if the applicant does not obtain accreditation from the Authority within six months of applying for a license. The Commission shall give an applicant an opportunity to be heard if an application is declared incomplete under this section, but an applicant is not entitled to a contested case proceeding under ORS chapter 183. An applicant whose application is declared incomplete may reapply at any time. (e) A licensed laboratory must maintain accreditation by the Authority at all times while licensed by the Commission. If a laboratory’s accreditation lapses or is revoked at any time for any reason while licensed by the Commission, the laboratory may not perform any activities that are subject to the lapsed or revoked accreditation until it is reinstated. (f) Exercising license privileges without proper accreditation is a Category I violation and could result in license revocation. (3) Renewal. (a) A laboratory must renew its license annually and pay the required renewal fees in accordance with OAR 845-025-1190. (b) A laboratory renewal application may be denied for any violation of ORS 475C.540 to 475C.586, OAR 333-007-0300 to 333-007-0490, OAR 333, Division 64, or these rules. Statutory/Other Authority: ORS 475C.017 & 475C.548 Statutes/Other Implemented: 475C.548, ORS 475C.552, 475C.556 & 475.560 History: OLCC 125-2022, minor correction filed 03/25/2022, effective 03/25/2022 OLCC 15-2017, amend filed 12/22/2017, effective 12/28/2017 OLCC 6-2016, f. 6-28-16, cert. ef. 6-29-16 OLCC 3-2015(Temp), f. 12-3-15, cert. ef. 1-1-16 thru 6-28-16