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, 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. The Authority may perform an unannounced, on-site inspection of the
				operations and any facility of the medical marijuana research licensee or
				medical marijuana educational facility licensee.
(c) The Authority may conduct additional
				inspections to ensure correction of or investigate violations of applicable
				Oklahoma law and these Rules. If the Authority receives a complaint concerning
				noncompliance by a medical marijuana research licensee or a medical marijuana
				education facility licensee, the Authority may conduct additional unannounced,
				on-site inspections.
(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.