Or. Admin. R. 333-008-2190 - General Requirements for Medical Marijuana Processing Sites and Dispensaries Enforcement

Current through Register Vol. 61, No. 4, April 1, 2022

(1)
(a) Informal Enforcement. If, during an inspection the Authority documents violations of ORS 475B.840 to 475B.852, 475B.858 to 475B.867, 475B.555, 475B.605, 475B.615, any of these rules or OAR chapter 333, division 7, the Authority may issue a written Notice of Violation to a registrant that cites the laws alleged to have been violated and the facts supporting the allegations.
(b) A registrant must submit to the Authority a signed plan of correction within 10 business days from the date the Notice of Violation was mailed by the Authority. A signed plan of correction will not be used by the Authority as an admission of the violations alleged in the Notice.
(c) The Authority must determine if a written plan of correction is acceptable. If the plan of correction is not acceptable to the Authority it must notify the registrant in writing and request that the plan of correction be modified and resubmitted no later than 10 business days from the date the letter of non-acceptance was mailed.
(d) If the written plan of correction is acceptable, the Authority must notify the registrant in writing and specify a date by which the registrant must come into compliance.
(e) If the registrant does not come into compliance by the date specified by the Authority the Authority may propose to suspend or revoke the registrant's registration or impose civil penalties.
(f) The Authority may conduct an inspection at any time to determine whether a registrant has corrected the deficiencies in a Notice of Violation.
(2) Formal Enforcement. If, during an inspection or based on other information the Authority determines that a registrant is in violation of ORS 475B.840 to 475B.852, 475B.858 to 475B.867, 475B.555, 475B.605, 475B.615, any of these rules or OAR chapter 333, division 7 the Authority may issue:
(a) A Notice of Proposed Suspension or Revocation in accordance with ORS 183.411 through 183.470.
(b) A Notice of Imposition of Civil Penalties in accordance with OAR 333-008-2200.
(c) An Order of Emergency Suspension pursuant to ORS 183.430.
(3) The Authority must determine whether to use the informal or formal enforcement process based on the nature of the alleged violations, whether there are mitigating or aggravating factors, and whether the registrant has a history of violations.
(4) The Authority must issue a Notice of Proposed Revocation if the registrant no longer meets the criteria in ORS 475B.858(3)(a) to (d) or ORS 475B.840(3)(a) or (b).
(5) The Authority may issue civil penalties or maintain a civil action against an establishment providing the services of a processing site or dispensary but is not registered in accordance with ORS 475B.858, ORS 475B.840 and these rules.
(6) The Authority may revoke the registration of a registrant for failure to comply with an ordinance adopted by a city or county pursuant to ORS 475B.928, if the city or county:
(a) Has provided the registrant with due process substantially similar to the due process provided to a registration holder under the Administrative Procedures Act, ORS 183.413 to 183.470; and
(b) Provides the Authority with a final order that is substantially similar to the requirements for a final order under ORS 183.470 that establishes the registrant is in violation of the local ordinance.
(7) The Authority must post a final order revoking the registration of a registrant on the Authority's website.
(8) To the extent permitted by law, if the Authority discovers violations that may constitute criminal conduct or conduct that is in violation of laws within the jurisdiction of other state or local governmental entities, the Authority may refer the matter to the applicable agency.
(9) If the registration of a registrant is revoked the owner or an authorized representative of the owner must:
(a) Make arrangements to return the marijuana items still possessed at the location to the person who transferred the marijuana item, document the return, and provide this information in writing within one business day of the transfer, to the Authority; or
(b) Dispose of the marijuana items in a manner specified by the Authority.
(10) The Authority is not required to accept the surrender of a registration and may proceed with an enforcement action even if a registrant has surrendered the registration.
(11) Notwithstanding OAR 333-008-3000 if the Authority suspends or revokes a registration or otherwise takes disciplinary action against the registrant the Authority must provide that information to a law enforcement agency.
(12) The Authority may possess, seize or dispose of marijuana, usable marijuana, medical cannabinoid products, cannabinoid concentrates and cannabinoid extracts as is necessary for the Authority to ensure compliance with and enforce the provisions of ORS 475B.840 to 475B.852, 475B.858 to 475B.867, 475B.555, 475B.605, 475B.615, any of these rules or OAR chapter 333, division 7.

Notes

Or. Admin. R. 333-008-2190
PH 9-2016, f. 2-26-16, cert. ef. 3/1/2016; PH 21-2016, f. 6-24-16, cert. ef. 6/28/2016; PH 33-2016, f. & cert. ef. 11/28/2016; PH 203-2018, minor correction filed 04/30/2018, effective 4/30/2018

Statutory/Other Authority: ORS 431A.010, 475B.840, 475B.858& 475B.949

Statutes/Other Implemented: ORS 475B.840 & 475B.858

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