Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 9 - Waste Disposal Facilities › Section 442:10-9-5 - Inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) Submission of an application for a
				medical marijuana waste disposal facility license or permit constitutes
				permission for entry to and inspection of any licensed premises and any
				vehicles on the licensed premises used for the transportation of medical
				marijuana and medical marijuana products 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 nonrenewal, suspension,
				and/or revocation of a license.
(b)
				The Authority may perform one annual unannounced on-site inspection of each
				licensed and/or permitted premises to determine, assess, and monitor compliance
				of applicable Oklahoma law and these Rules.
(c) The Authority shall conduct one on-site
				inspection of a waste disposal facility license or permit applicant prior to
				approving the application to determine if the proposed site and facility are
				physically and technically suitable, and that all application information and
				documentation is true and correct. The inspection shall also ensure the
				applicant meets all requirements in OAC
				442:10-9-6.
(d) The Authority may conduct additional
				inspections to ensure correction of or investigate violations of applicable
				Oklahoma law and these Rules.
(e)
				The Authority shall refer all complaints alleging criminal activity or other
				violations of Oklahoma law that are made against a waste disposal facility to
				appropriate Oklahoma state or local law enforcement or regulatory
				authorities.
(f) 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.
(g) The Authority may review any and all
				records of a waste disposal facility and may require and conduct interviews
				with such persons or entities and persons affiliated with the facility, 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 nonrenewal, suspension, and/or
				revocation of a license. All records shall be kept on-site and readily
				accessible.
(h) 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., the
				Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq.,
				and these Rules, during an inspection of the waste disposal facility, the
				Authority shall take administrative action in accordance with Oklahoma law,
				including the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et
				seq.
(i) Except as otherwise
				provided in Oklahoma law or these Rules, a correctable violation identified
				during an inspection shall be corrected within thirty (30) days of receipt of a
				written notice of the violation. If a waste disposal facility fails to correct
				violations within thirty (30) days, the entity 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.
(j) 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.
(k) A waste disposal facility permit that has
				been revoked shall be reinstated upon correction of each deficiency and
				remittance of a reinstatement fee of five hundred dollars ($500.00).