SECTION 310:681-9-5. Inspections

(a)   Submission of an application for a medical marijuana waste disposal facility license or permit constitutes permission for entry to and inspection of any licensed premises and any vehicles on the licensed premises used for the transportation of medical marijuana and medical marijuana products during hours of operation and other reasonable times. Refusal to permit or impeding such entry or inspection shall constitute grounds for the nonrenewal, suspension, or revocation of a license.

(b)   The Department may perform one annual unannounced on-site inspection of each licensed and/or permitted premises to determine, assess, and monitor compliance of applicable Oklahoma law and these Rules.

(c)   The Department shall conduct one on-site inspection of a waste disposal facility license or permit applicant prior to approving the application to determine if the proposed site and facility are physically and technically suitable, and that all application information and documentation is true and correct. The inspection shall also ensure the applicant meets all requirements in OAC 310:681-9-6.

(d)   The Department may conduct additional inspections to ensure correction of or investigate violations of applicable Oklahoma law and these Rules.

(e)   The Department shall refer all complaints alleging criminal activity or other violations of Oklahoma law that are made against a waste disposal facility to appropriate Oklahoma state or local law enforcement or regulatory authorities.

(f)   If the Department discovers what it reasonably believes to be criminal activity or other violations of Oklahoma law during an inspection, the Department may refer the matter to appropriate Oklahoma state or local law enforcement or regulatory authorities for further investigation.

(g)   The Department may review any and all records of a waste disposal facility and may require and conduct interviews with such persons or entities and persons affiliated with the facility, for the purpose of determining compliance with Department rules and applicable laws. Failure to make documents or other requested information available to the Department and/or refusal to appear or cooperate with an interview shall constitute grounds for nonrenewal, suspension, or revocation of a license, or any other remedy or relief available under law. All records shall be kept on-site and readily accessible.

(h)   If the Department identifies a violation of 63 O.S. § 420 et seq., the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq., and these Rules, during an inspection of the waste disposal facility, the Department shall take administrative action in accordance with Oklahoma law, including the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq.

(i)   Except as otherwise provided in Oklahoma law or these Rules, a correctable violation identified during an inspection shall be corrected within thirty (30) days of receipt of a written notice of the violation.

(j)   If a waste disposal facility fails to correct violations within thirty (30) days, the entity will be subject to a fine of $500.00 for each deficiency and any other administrative action and penalty authorized by law.

(k)   A waste disposal facility permit that has been revoked shall be reinstated upon correction of each deficiency and remittance of a reinstatement fee of five hundred dollars ($500.00).

[Source: Added at 37 Ok Reg 168, eff 11-1-19 (emergency); Added at 37 Ok Reg 1461, eff 9-11-20]