Operational status visit

(a) Initial operational status visit for Growers, Processors, and Dispensaries. Effective September 1, 2021, the Department shall begin scheduling on-site visits at licensed growers, processors, and dispensaries for the purposes of verifying whether the licensed grower, processor, or dispensary is actively operating or is working towards becoming operational. (1) Initial operational status visits shall be scheduled and shall occur within the first one hundred eighty (180) days after issuance of a medical marijuana grower, medical marijuana processor, or medical marijuana dispensary license. (2) Each operational status visit shall be performed on-site at the licensed premises on file with the Department. (3) If, at the time of the initial operational status visit, the grower, processor, or dispensary being inspected fails to provide proof to the Department that the licensee is actively operating or working towards operational status, the Department shall grant the grower, processor, or dispensary a grace period of one hundred eighty (180) additional days from the date of their initial operational status visit to become operational. (b) Follow-up operational status visits. Upon the expiration of an operational status visit grace period, the Department shall perform a follow-up inspection of the licensed grower, licensed processor, or licensed dispensary for the purposes of verifying whether the licensed grower, processor, or dispensary has begun actively operating or is continuing to work towards becoming operational. (1) Follow-up operational status visits shall be scheduled upon expiration of the grace period. (2) Each follow-up operational status visit shall be performed on-site at the licensed premises on file with the Department. (3) If, at the time of the follow-up operational status visit, the grower, processor, or dispensary fails to provide proof to the Department that the medical marijuana commercial licensee is actively operating or is continuing to work towards becoming operational, the Department may elect to grant an additional grace period of one hundred eighty (180) days to become operational. However, if granted, such grace period shall not extend beyond the one-year term of the license. (A) If the Department does not grant a grower, processor, or dispensary a secondary grace period, the Department shall seek revocation of the grower, processor, or dispensary license. (B) If, after conducting a follow-up visit, the Department grants 2021.11.23_OSDH681_OMMARulesChapterAsAmended 59 a secondary grace period, a grower, processor, or dispensary shall be afforded an additional term of one hundred eighty (180) days to become operational. Upon expiration of the secondary grace period, if a grower, processor, or dispensary has failed to provide proof to the Department that operations have commenced, the Department shall seek revocation of the grower, processor, or dispensary license. A third operational status visit of the licensed premises shall be at the discretion of the Department in making such a determination but shall not be required.