Ariz. Admin. Code § 9-17-410

Current through Register Vol. 30, No. 45, November 8, 2024

Section R9-17-410 - Denial or Revocation of a Laboratory Registration Certificate

A. The Department shall deny an application for a laboratory registration certificate if:

1. The physical address of the laboratory is within 500 feet of a private school or a public school that existed before the date the laboratory submitted the initial laboratory registration certificate application;

2. An owner:

a. Has been convicted of an excluded felony offense, or

b. Is under 21 years of age;

3. The application or the laboratory does not comply with the requirements in A.R.S. Title 36, Chapter 28.1 and this Chapter;

4. The laboratory acquires marijuana or marijuana products from an individual who or entity that is not allowed to possess marijuana pursuant to A.R.S. Title 36, Chapter 28.1;

5. The laboratory diverts marijuana or marijuana products to an individual who or entity that is not allowed to possess marijuana pursuant to A.R.S. Title 36, Chapter 28.1;

6. An owner has any direct or indirect familial or financial relationship with or interest in a dispensary or related medical marijuana business entity or management company, or any direct or indirect familial or financial relationship with a designated caregiver for whom the laboratory is testing marijuana and marijuana products for medical use in this state; or

7. The laboratory fails to maintain accreditation.

B. The Department may deny an application for a laboratory registration certificate if an owner of the laboratory provides false or misleading information to the Department.

C. The Department may deny an application for approval of a parameter for testing, submitted according to R9-17-402.01 or R9-17-404.07, if the applicant does not demonstrate compliance with the requirements of this Article related to the parameter or testing of an analyte.

D. The Department shall revoke a laboratory's registration certificate if:

1. The laboratory acquires marijuana or marijuana products from an individual who or entity that is not allowed to possess marijuana pursuant to A.R.S. Title 36, Chapter 28.1;

2. The laboratory diverts marijuana or marijuana products to an individual who or entity that is not allowed to possess marijuana pursuant to A.R.S. Title 36, Chapter 28.1;

3. An owner has been convicted of an excluded felony offense;

4. An owner has any direct or indirect familial or financial relationship with or interest in a dispensary or related medical marijuana business entity or management company, or any direct or indirect familial or financial relationship with a designated caregiver for whom the laboratory is testing marijuana and marijuana products for medical use in this state; or

5. The laboratory fails to maintain accreditation.

E. The Department may deny an application for a laboratory registration certificate or revoke a laboratory registration certificate if the laboratory does not:

1. Comply with:

a. The requirements in A.R.S. Title 36, Chapter 28.1 and this Chapter; or

b. The provisions in a corrective action plan submitted according to R9-17-404.01(F)(2)(b) or R9-17-404.02(C)(6)(a), as applicable; or

2. Implement the policies and procedures or comply with the statements provided to the Department with the laboratory's application.

F.The Department may revoke a laboratory's approval of a parameter for testing if the laboratory does not continue to demonstrate compliance with the requirements of this Article related to the parameter or testing of an analyte.

G. If the Department denies a laboratory registration certificate application, the Department shall provide notice to the applicant that includes:

1. The specific reason or reasons for the denial, and

2. All other information required by A.R.S. § 41-1076.

H. If the Department revokes a laboratory registration certificate, the Department shall provide notice to the laboratory that includes:

1. The specific reason or reasons for the revocation; and

2. The process for requesting a judicial review of the Department's decision pursuant to A.R.S. Title 12, Chapter 7, Article 6.

Ariz. Admin. Code § R9-17-410

Adopted by final exempt rulemaking at 25 A.A.R. 2421, effective 8/27/2019. Amended by final exempt rulemaking at 26 A.A.R. 734, effective 4/2/2020. Amended by final rulemaking at 29 A.A.R. 2396, effective 10/1/2023.