SECTION 310:681-5-6.1. Penalties

(a)   Failure to file timely reports. If a commercial licensee wholly fails to submit a 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 $500.00 and any other administrative action and penalty authorized by law.

(b)   Inaccurate reports. Within any two (2) year period of time, if 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:

(1)   First inaccurate 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.

(2)   Any additional inaccurate report(s): Revocation of license.

(c)   Unlawful purchase and sale.

(1)   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:

(A)   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.

(B)   Any additional unlawful purchase(s) or sale(s): Five thousand dollar ($5,000.00) fine.

(2)   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.

(d)   Noncompliance and criminal activity. Commercial licenses and transporter agent licensesshall 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.

(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 time after the action is filed against the commercial 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.

[Source: Added at 35 Ok Reg 659, eff 8-25-18 (emergency); Added at 35 Ok Reg 709, eff 8-25-18 (emergency); Added at 36 Ok Reg 1759, eff 9-13-19; Amended at 37 Ok Reg 13, eff 9-14-19 (emergency); Amended at 37 Ok Reg 168, eff 11-1-19 (emergency); Amended at 37 Ok Reg 1461, eff 9-11-20]