Penalties

(a) Unlawful transfer. Within any two (2) year period of time, if a waste disposal facility licensee has engaged in unlawful transfer 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 transfer(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 transfer(s): Five thousand dollar ($5,000.00) 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. The Department may revoke the license at any time regardless of the number of the offense upon a showing that the violation was willful or grossly negligent. (b) Noncompliance and criminal activity. Waste disposal facility licenses and permits shall be subject to nonrenewal, 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. (c) 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 time after the action is filed against the 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. (d) 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, 72 2021.09.11_OSDH681_OMMARulesChapterAsAmended and/or revocation of the license.