Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 4 - Research Facilities and Education Facilities › Section 442:10-4-4 - Inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) Submission of
				an application for a medical marijuana research license and educational
				facility license constitutes permission for entry to and inspection of any
				licensed premises during hours of operation and other reasonable times. Refusal
				to permit or impeding such entry or inspection shall constitute grounds for
				administrative penalties, which may include but are not limited to fines as set
				forth in Appendix C and the denial, nonrenewal, suspension, and/or revocation
				of a license.
(b) The Authority may
				perform two on-site inspections per calendar year of the licensed research
				facility or education facility to determine, assess, and monitor compliance
				with applicable Oklahoma law and these Rules or ensure qualifications for
				licensure.
(c) The Authority may
				conduct additional inspections to ensure correction of or investigate
				violations of applicable Oklahoma law and these Rules.
(d) The Authority shall refer all complaints
				alleging criminal activity or other violations of Oklahoma law that are made
				against a licensee to appropriate Oklahoma state or local law enforcement or
				regulatory authorities. Except for license information concerning licensed
				patients, the Authority may share confidential information to assist other
				agencies in ensuring compliance with applicable laws, rules and
				regulations.
(e) If the Authority
				discovers what it reasonably believes to be criminal activity or other
				violations of Oklahoma law during an inspection, the Authority may refer the
				matter to appropriate Oklahoma state or local law enforcement or regulatory
				authorities for further investigation.
(f) The Authority may review any and all
				records of a licensee and may require and conduct interviews with such persons
				or entities and persons affiliated with such entities, for the purpose of
				determining compliance with Authority rules and applicable laws. Failure to
				make documents or other requested information available to the Authority and/or
				refusal to appear or cooperate with an interview shall constitute grounds for
				administrative penalties, which may include but are not limited to fines as set
				forth in Appendix C and the denial, nonrenewal, suspension, and/or revocation
				of a license. All records shall be kept on-site and readily
				accessible.
(g) If the Authority
				identifies a violation of 63 O.S. § 420 et seq., the Oklahoma Medical
				Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.; or these
				Rules during an inspection of the licensee, the Authority shall take
				administrative action in accordance with Oklahoma law, including the Oklahoma
				Administrative Procedures Act, 75 O.S. §§ 250 et seq.
(h) Except as otherwise provided in Oklahoma
				law or these Rules, correctable violations identified during an inspection
				shall be corrected within thirty (30) days of receipt of a written notice of
				violations. If a licensee fails to correct violations within thirty (30) days,
				the licensee will be subject to a fine in the amount set forth in Appendix C
				for each violation and any other administrative action and penalty authorized
				by law.
(i) The Authority may
				assess fines in the amounts set forth in Appendix C and seek any other
				administrative penalties authorized by law against a licensee without providing
				opportunity to correct when the violation is not capable of being
				corrected.