Ariz. Admin. Code § 9-18-406

Current through Register Vol. 30, No. 50, December 13, 2024

Section R9-18-406 - Compliance Monitoring

A. Submission of an application for a marijuana testing facility license constitutes permission for:

1. The Department's entry to and inspection of the marijuana testing facility, and

2. The Department to conduct proficiency testing according to R9-18-407.

B. The Department shall conduct:

1. Except for a marijuana testing facility licensed pursuant to R9-18-402(B), an initial marijuana testing facility inspection; and

2. A follow-up marijuana testing facility inspection, at least annually.

C. The Department shall comply with A.R.S. § 41-1009 in conducting a marijuana testing facility inspection or investigation.

D. The Department shall not accept allegations of a marijuana testing facility's noncompliance with A.R.S. Title 36, Chapter 28.2 or this Chapter from an anonymous source.

E. If the Department receives an allegation of a marijuana testing facility's noncompliance with A.R.S. Title 36, Chapter 28.2 or this Chapter, the Department may conduct an unannounced inspection of the marijuana testing facility.

F. If the Department determines that a marijuana testing facility is not in compliance with the requirements of A.R.S. Title 36, Chapter 28.2, or this Chapter, the Department:

1. Shall provide the owner, according to R9-18-401(A), and technical laboratory director with a written notice that includes the specific rule or statute that was violated; and

2. May:

a. Take an enforcement action as described in R9-18-415; or

b. Require that the technical laboratory director submit to the Department, within 30 calendar days after written notice from the Department, a corrective action plan to address issues of compliance that do not directly affect the health or safety of a consumer or marijuana facility agent that:

i. Describes how each identified instance of noncompliance will be corrected and reoccurrence prevented, and

ii. Includes a date for correcting each instance of noncompliance that is appropriate to the actions necessary to correct the instance of noncompliance.

G. Under A.R.S. § 41-1009(G) and (I), the Department's decision regarding whether a technical laboratory director may submit a corrective action plan on behalf of a marijuana testing facility or whether a deficiency has been corrected or has been corrected within a reasonable period of time is not an appealable agency action as defined by A.R.S. § 41-1092.

Ariz. Admin. Code § R9-18-406

Adopted by exempt rulemaking at 27 A.A.R. 696, effective 5/1/2021.