Ariz. Admin. Code § 9-18-415

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

Section R9-18-415 - Denial, Suspension, or Revocation of a Marijuana Testing Facility License

A. The Department shall deny an application for or renewal of a marijuana testing facility license if:

1. An owner:

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

b. Is under 21 years of age; or

2. The application or the marijuana testing facility does not comply with the requirements in A.R.S. Title 36, Chapter 28.2 and this Chapter.

B. The Department may deny an application for or renewal of a marijuana testing facility license if an owner of the marijuana testing facility 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 R9-18-403 or R9-18-411, 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 may suspend or revoke a marijuana testing facility license if:

1. The marijuana testing facility:

a. Provides false or misleading information to the Department;

b. Begins testing marijuana to satisfy requirements in R9-18-311 before obtaining approval for testing from the Department;

c. Diverts marijuana to an individual who or entity that is not allowed to possess marijuana, pursuant to A.R.S. Title 36, Chapter 28.1 or 28.2; or

d. Acquires marijuana from an individual who or entity that is not allowed to possess marijuana, pursuant to A.R.S. Title 36, Chapter 28.1 or 28.2;

2. An owner:

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

b. Provides false or misleading information to the Department; or

3. The marijuana testing facility does not:

a. Comply with:

i. The requirements in A.R.S. Title 36, Chapter 28.2, and this Chapter; or

ii. The provisions in a corrective action plan submitted according to R9-18-406(F)(6)(b); or

b. Implement the policies and procedures or comply with the statements provided to the Department with the marijuana testing facility's application.

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

F. If the Department denies a marijuana testing facility license 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.

G. If the Department suspends or revokes a marijuana testing facility license, the Department shall provide notice to the marijuana testing facility that includes:

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

2. The process for requesting a review of the Department's decision pursuant to A.R.S. Title 41, Chapter 6, Article 10.

Ariz. Admin. Code § R9-18-415

Adopted by exempt rulemaking at 27 A.A.R. 697, effective 5/1/2021. Amended by exempt rulemaking at 29 A.A.R. 2453, effective 10/1/2023.