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.

History: 16-12-202, MCA; IMP, 16-12-202, MCA; NEW, 2022 MAR p. 58, Eff. 1/15/22; TRANS, from ARM 37.107.304, 2023 MAR p. 570, Eff. 7/2/23.