314-55-505 - Administrative violation notice
314-55-505. Administrative violation notice
(1) The board may issue an administrative violation notice without issuing a notice of correction if:
(a) The licensee is not in compliance with chapters 69.50 and 69.51A RCW, this chapter, or both, and the noncompliance poses a direct or immediate threat to public health and safety;
(b) The licensee has previously been subject to an enforcement action or written notice for a violation of the same statute or rule within the same penalty category, the notice of correction for the violation has already been issued, the licensee failed to timely comply with the notice, and such notice is not subject to a pending request to the board to extend the time to achieve compliance; or
(c) The licensee has failed to respond to prior administrative violation notices or has outstanding unpaid monetary penalties; and
(d) The board can prove by a preponderance of the evidence:
(i) Diversion of marijuana product out of the regulated market or sales across state lines;
(ii) Furnishing of marijuana product to persons under twenty-one years of age;
(iii) Diversion of revenue to criminal enterprises, gangs, cartels, or parties not qualified to hold a marijuana license based on criminal history requirements;
(iv) The commission of nonmarijuana-related crimes; or
(v) Knowingly making a misrepresentation of fact to the board, an officer of the board, or an employee of the board related to conduct or action that is, or is alleged to be, any of the violations identified in (d)(i) through (iv) of this subsection.
(2) The board will prepare an administrative violation notice and mail or deliver the notice to the licensee, licensee's agent, or employee.
(3) The administrative violation notice will include:
(a) A detailed description of the alleged violation(s);
(b) The date(s) of the violation(s);
(c) The text of the specific section or subsection of rule;
(d) An outline of the licensee's resolution options as outlined in WAC 314-55-5055; and
(e) The recommended penalty as described in this chapter, and including a description of known mitigating and aggravating circumstances considered in the penalty determination.(Amended by WSR 16-11-110, Filed 5/18/2016, effective 6/18/2016 Amended by WSR 20-03-177, Filed 1/22/2020, effective 2/22/2020)
Statutory Authority: RCW 69.50.325, 69.50.331, 69.50.342, 69.50.345. WSR 13-21-104, ? § 314-55-505, filed 10/21/13, effective 11/21/13. WSR 13-21-003, § 314-55-505, filed 10/3/2013, effective 11/3/2013
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