Rule 351-8-.02 - Production License Inspections(1) A production licensee shall provide and deliver records upon request by the Commission or its employees.(2) A production licensee shall ensure that the Commission and its employees have immediate access to their premises. If the Commission or its employees are denied access to the premises for any reason, then the licensee shall be subject to citations and fines up to and including revocation.(3) No licensee shall interfere with, obstruct, or impede the Commission or its employees from exercising their duties as set forth in the Act and these rules. This includes, but is not limited to, the following: (a) Denying or delaying the Commission or its employees access to the premises, during business hours or times of operation, where the licensee's regulated cannabis is grown, stored, cultivated, manufactured, tested, or transferred;(b) Providing false or misleading statements, documents, data, or records;(c) Failing to timely produce documents, data, or records that are required to be maintained by the licensee;(d) Failing to timely respond to any other request for information made by the Commission or its employees in connection with an investigation of the qualifications, conduct, or compliance of a licensee; or(e) Threatening force or violence against the Commission or its employees, or otherwise endeavoring to intimidate, obstruct, or impede the Commission or its employees from exercising their duties. The term "threatening force" includes the threat of bodily harm to such individual or to a member of his or her family.(4) If an inspection report has findings of any non-compliance of the laws, rules, or regulations of the Commission, then the production licensee shall develop and submit a corrective action plan in writing to the Commission within seven (7) days after the licensee's receipt of the inspection report, unless a written extension is issued by the Commission. The Commission hereby delegates the authority and responsibility to determine whether an extension is made, and the duration to develop and submit such corrective action plan(s), if any, to the GMCC Executive Director. (a) The corrective action plan shall respond to the deficiencies and/or violations found in the inspection report and include specific steps the licensee has taken, or will take, to address such findings.(b) The production licensee shall perform and complete such steps identified in its corrective action plan within fourteen (14) days of the date of inspection. A production licensee is subject to additional inspections by the Commission or its employees to confirm the corrective action plan has been completed and that all deficiencies and violations have been resolved.(5) Nothing in this subsection shall be construed to prohibit an appropriate local, state, or federal administrative authority from conducting an inspection of the facilities or operations of a production licensee as provided by law, rule, or regulation of a local, state, or federal government.Ga. Comp. R. & Regs. R. 351-8-.02
O.C.G.A. §§ 16-12-203, 16-12-210, 16-12-213, 16-12-217.
Original Rule entitled "Production License Inspections" adopted. F. Mar. 16, 2023; eff. Apr. 5, 2023.