Rule 16. Inspection; investigation.

(1) The department shall do all of the following with respect to inspections and investigations of applicants, licensees, proposed marihuana facilities, and marihuana facility operations:

(a) Oversee and conduct inspections through its investigators, agents, auditors, or the state police of proposed marihuana facilities and marihuana facilities as provided in section 303 of the act to ensure compliance with the act and these rules.

(b) Investigate individuals employed by marihuana facilities.

(c) Inspect and examine marihuana facilities and proposed marihuana facilities.

(d) Inspect, examine, and audit records of the licensee.

(2) The department may at any time, through its investigators, agents, auditors, or the state police, without a warrant and without notice to the licensee, enter the proposed marihuana facility or  marihuana facility, offices, or other places of business of a licensee, if evidence of compliance or noncompliance is likely to be found in accordance with the act and these rules.

(3) To ensure the safety, security, and integrity of marihuana facility operations, the department, through its investigators, agents, auditors, or the state police may place an administrative hold on marihuana product and order that no sales or transfers occur during an investigation for an alleged violation or violation of the act or these rules.

(4) The department, through its investigators, agents, auditors, or the state police may inspect, examine, and audit relevant records of the licensee. If a licensee fails to cooperate with an investigation, the department through its investigators, agents, auditors, or the state police may impound, seize, assume physical control of, or summarily remove records from a proposed marihuana facility or marihuana facility.

(5) The department through its investigators, agents, auditors or the state police may eject, or exclude or authorize the ejection or exclusion of, an individual from a proposed marihuana facility or marihuana facility if that individual violates the act, a final order, or these rules.

(6) The department through its investigators, agents, auditors, or the state police may take any reasonable or appropriate action to enforce the act and rules.

(7) This rule does not limit the application of any other remedies or sanctions that are available through local, state, and federal laws, the act, and these rules.

(8) For purposes of this rule, the term “record” means books, ledgers, documents, writings, photocopies, correspondence, electronic records, videotapes, surveillance footage, electronic storage mediums, electronically stored records, money receptacles, equipment in which records are stored, including data or information in the statewide monitoring system, or any other document that is used for recording information.


Index EF Rules 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51