Penalties

(a) Failure to file timely reports. If a research facility licensee wholly fails to submit a timely, complete, and accurate required monthly report and fails to correct such deficiency within thirty (30) days of the Department's written notice, the licensee shall be subject to a fine of $500.00in the amount set forth in Appendix C for each violation and any other administrative action and penalty authorized by law. (b) Fraudulent reports. Within any two (2) year period of time, if the a licensee has submitted one (1) or more reports containing gross errors that cannot reasonably be attributed to normal human error, the following penalties shall be imposed:licensee shall 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. (1) First fraudulent report(s): One thousand dollar ($1,000.00) fine. If said fine is not paid to the Department within thirty (30) calendar days of licensee receiving notice of the fine, the license shall be revoked. (2) Any additional fraudulent report(s): Five thousand dollar ($5,000.00) fine. If said fine is not paid to the Department within thirty (30) calendar days of licensee receiving notice of the fine, the license shall be revoked. (c) Unlawful purchase and sale. Within any two (2) year period of time, if the licensee has made an unlawful purchase or sale of medical marijuana, the following penalties shall be imposed:licensee shall 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. (1) First unlawful purchase(s) or sale(s): One thousand dollar ($1,000.00) fine. If said fine is not paid to the Department within thirty (30) calendar days after licensee receives notice of the fine, the license shall be revoked. (2) Any additional unlawful purchase(s) or sale(s): Five thousand dollar ($5,000.00) fine. If said fine is not paid to the Department within thirty (30) calendar days of licensee receiving notice of the fine, the license shall be revoked. (d) Noncompliance and criminal activity. A research facility or education facility licenses shall be subject to revocation, suspension, monetary penalties, and any other penalty authorized by law upon a determination by the Department that the licensee has not complied with applicable Oklahoma law or this Chapter, or upon official notification to the Department that the licensee has engaged in criminal activity in violation of Oklahoma law. (e) Administrative penalties. Procedures for administrative penalties against a licensee are stated in the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq. These procedures provide for the licensee to receive notice and to have the opportunity to be present at a hearing and to present evidence in his or her defense. The Commissioner of Health or his or her designee may promulgate an administrative order revoking or suspending the license, dismissing the matter, or providing for other relief as allowed by law. At any 28 2021.09.11_OSDH681_OMMARulesChapterAsAmended time after the action is filed against the research facility or education facility licensee, the Department and the licensee may dispose of the matter by consent order or stipulation. Orders are appealable in accordance with the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq. (f) Fines. Monetary penalties shall be assessed in the amounts set forth in Appendix C. Failure to pay any fine within thirty (30) days of assessment of the fine shall result in nonrenewal, suspension, and/or revocation of the license. SUBCHAPTER 5. MEDICAL MARIJUANA BUSINESSES