42.39.502    DEFICIENCY REPORTS

(1) The department may issue a deficiency report to a licensee whenever a department inspection or compliance audit reveals a licensee is in violation of the marijuana laws. The purpose of the deficiency report is to afford licensees with an opportunity to cure deficiencies and avoid administrative proceedings before the department's Office of Dispute Resolution. 

(2) A deficiency report shall, at a minimum:

(a) identify the date of the inspection;

(b) identify the name of the inspector;

(c) identify the deficiencies discovered during the inspection; and

(d) cite the specific statute, rule, or local ordinance that the deficiency violates.

(3) A licensee shall have ten days from the date of the deficiency report to cure any deficiencies.

(a)  If a licensee can show proof of having cured the deficiencies through photographs, document submissions, or through other correspondence, the licensee shall submit the proof to the department. 

(b) If an inspection is required to determine whether a licensee has cured deficiencies, the licensee shall contact the department to schedule a follow-up inspection within ten days from the date of the deficiency report. 

(4) If a licensee cures the identified deficiencies, the department will send the licensee a deficiency resolution letter which informs the licensee that the department will close out the deficiency and take no further action on the deficiency report. 

(5) If a licensee fails to respond to a deficiency report within ten days, the department may issue a notice of proposed department action. Failing to respond to a deficiency report within ten days may be cited as a separate violation subject to the imposition of a civil penalty.

(6) Nothing in this rule prevents the department from proceeding immediately to administrative proceedings without issuing a deficiency report. 

History: 16-12-112, MCA; IMP, 16-12-101, 16-12-210, MCA; NEW, 2021 MAR p. 1964, Eff. 1/1/22; AMD, 2022 MAR p. 1712, Eff. 8/27/22.