OAC 310:681-4-4
Inspections
Cite as Okla. Admin. Code § 310:681-4-4
(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
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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 Department 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.
(c) The Department may conduct additional inspections to ensure
correction of or investigate violations of applicable Oklahoma law and
these Rules.
(d) The Department 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.
(e) If the Department discovers what it reasonably believes to be
criminal activity or other violations of Oklahoma law during an
inspection, the Department may refer the matter to appropriate
Oklahoma state or local law enforcement or regulatory authorities for
further investigation.
(f) The Department 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 Department rules and applicable laws. Failure to make
documents or other requested information available to the Department
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 available under law. All records shall be kept on-
site and readily accessible.
(g) If the Department 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 Department 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) If a licensee fails to correct violations within thirty (30) days,
the licensee will be subject to a fine of $500.00 for each deficiency
and any other administrative action and penalty authorized by law. The
Department 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.
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