Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 9 - Waste Disposal Facilities › Section 442:10-9-7 - Audits and inventory

Current through Vol. 41, No. 20, July 1, 2024
(a)
Audits.
The Authority may perform on-site audits of all waste
				disposal facility licensees and permitted locations to ensure that all
				marijuana grown in Oklahoma is accounted for. Submission of an application for
				a medical marijuana waste disposal facility license constitutes permission for
				entry to any licensed premises and auditing of the licensee during hours of
				operation and other reasonable times. Refusal to permit the Authority entry or
				refusal to permit the Authority to inspect all books and records shall
				constitute grounds for administrative penalties, which may include, but is not
				limited to, fines as set forth in Appendix C and the denial, nonrenewal,
				suspension, and/or revocation of a license or permit.
(1) The Authority may review any and all
				records and information of a waste disposal facility licensee and may require
				and conduct interviews with such persons or entities and persons affiliated
				with such licensees, 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 or any other
				remedy or relief provided under law. All records shall be kept on-site and
				readily accessible.
(2) Waste
				disposal facility licensees shall comply with all written requests from the
				Authority to produce or provide access to records and information within ten
				(10) business days.
(3) If the
				Authority identifies a violation of the Oklahoma Medical Marijuana Waste
				Management Act, 63 O.S. § 427a et seq., other applicable Oklahoma law, or
				these Rules during an audit of the licensee, the Authority shall take
				administrative action against the licensee in accordance with the Oklahoma law,
				including the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et
				seq.
(4) The Authority may refer
				all complaints alleging criminal activity or other violations of Oklahoma law
				that are made against a waste disposal licensee to appropriate Oklahoma state
				or local law enforcement or regulatory authorities.
(5) If the Authority discovers what it
				reasonably believes to be criminal activity or other violations of Oklahoma law
				during an audit, the Authority may refer the matter to appropriate Oklahoma
				state or local law enforcement or regulatory authorities for further
				investigation.
(6) Except as is
				otherwise provided in Oklahoma law or these Rules, correctable violations
				identified during an audit shall be corrected within thirty (30) days of
				receipt of a written notice of violation.
(7) 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.
(8)
				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.