Current through Register Vol. 23, December 6, 2024
Rule 42.39.617 - SUSPENSION OF TESTING LABORATORIES(1) The state laboratory may, after written notice to the testing laboratory, suspend the testing laboratory's license for a period of up to three months upon determining that a testing laboratory is providing inconsistent results in accordance with 16-12-202, MCA.(2) The state laboratory will determine whether a testing laboratory is providing inconsistent results through evaluation of the testing laboratory's raw data.(3) A suspension of licensure under this rule is subject to a contested case hearing before the Department of Public Health and Human Services' Office of Administrative Hearings and shall be conducted pursuant to the following administrative procedures: ARM 37.5.101, 37.5.117, 37.5.131, 37.5.301, 37.5.304, 37.5.307, 37.5.313, 37.5.322, 37.5.325, 37.5.328, 37.5.331, 37.5.334, and 37.5.337.(4) A testing laboratory may not conduct any testing or transporting of marijuana or marijuana products during a period of suspension. Operating during a period of suspension shall be considered a violation of the marijuana laws as defined in ARM 42.39.102 and could result in the Department of Revenue taking further disciplinary action.Mont. Admin. r. 42.39.617
NEW, 2022 MAR p. 58, Eff. 1/15/2022; TRANS, from 37.107.304, 2023 MAR p. 570, Eff. 7/2/2023AUTH: 16-12-202, MCA; IMP: 16-12-202, MCA