N.J. Admin. Code § 17:30A-13.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:30A-13.3 - Onsite assessment

(a) An ATC is subject to onsite assessment by the Commission at any time.

(b) The Commission may enter an ATC without notice to carry out an onsite assessment in accordance with the Act and this chapter.

1. All ATCs shall provide the Commission or the Commission's designee immediate access to any material and information.

(c) Submission of an application for an ATC permit constitutes permission for entry and onsite assessment of an ATC.

(d) Failure to cooperate with an onsite assessment and or to provide the Commission access to the premises or information may be grounds to revoke the permit of the ATC and to refer the matter to State law enforcement agencies.

(e) An onsite assessment may include, but not be limited to:

1. The review of all ATC documents and records and conferences with qualifying patients and primary caregivers and other persons with information, and the making and retaining of copies and/or extracts;

2. The use of any computer system at the ATC to examine electronic data;

3. The reproduction and retention of any document and/or electronic data in the form of a printout or other output;

4. The examination and collection of samples of any marijuana found at the ATC; and

5. The seizure and detention of any marijuana or thing believed to contain marijuana found at the ATC.

i. If the Commission makes a seizure, it shall take such measures as are reasonable in the circumstances to give to the owner or other person in charge of the place where the seizure occurs notice of the seizure.

ii. If the Commission determines that the detention of the substance or thing seized is no longer necessary to ensure compliance with applicable law and the ATC permit, the Commission shall notify in writing the ATC permit holder of that determination and shall return the substance or thing to the permit holder, upon the permit holder issuing a receipt to the Commission for the return of the substance or thing.

iii. The Commission shall maintain documentation of the chain of custody of seized substances or things, in accordance with N.J.A.C. 17:30A-13.4.

(f) During an onsite assessment, if the Commission identifies violations of the Act or this chapter, the Commission shall provide written notice of the nature of the violations to the ATC.

1. The ATC shall notify the Commission in writing, with a postmark date that is within 20 business days of the date of the notice of violations, of the corrective actions the ATC has taken to correct the violations, and the date of implementation of the corrective action.

N.J. Admin. Code § 17:30A-13.3