Section R9-17-309. Inspections

A.      Submission of an application for a dispensary registration cer- tificate constitutes permission for entry to and inspection of the dispensary and, if applicable, the dispensary’s cultivation site.

B.       Except as provided in subsection (D), an onsite inspection of a dispensary or the dispensary’s cultivation site shall occur at a date and time agreed to by the dispensary and the Department that is no later than five working days after the date the Department submits a written request to the dispensary to schedule the certification or compliance inspection, unless the Department agrees to a later date and time.

C.      The Department shall not accept allegations of a dispensary’s noncompliance with A.R.S. Title 36, Chapter 28.1 or this Chapter from an anonymous source.

D.      If the Department receives an allegation of a dispensary’s or a dispensary’s cultivation site’s noncompliance with A.R.S. Title 36, Chapter 28.1 or this Chapter, the Department may conduct an unannounced inspection of the dispensary or the dispensary’s cultivation site.

E.       If the Department identifies a violation of A.R.S. Title 36, Chapter 28.1 or this Chapter during an inspection of a dispen- sary or the dispensary’s cultivation site:

1.        The Department shall provide the dispensary with a writ- ten notice that includes the specific rule or statute that was violated; and

2.        The dispensary shall notify the Department in writing, with a postmark date within 20 working days after the date of the notice of violations, identifying the corrective actions taken and the date of the correction.

Historical Note

New Section made by exempt rulemaking at 17 A.A.R. 734, effective April 14, 2011 (Supp. 11-2). Amended by final rulemaking at 18 A.A.R. 3354, with an immediate effective date of December 5, 2012 (Supp. 12-4).