Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 850 - MEDICAL CANNABIS DISPENSARIES
Subchapter 9 - LABORATORY CERTIFICATION, ANALYSIS, AND STANDARDS
Section 11-850-136 - Enforcement; suspension and revocation of laboratory certification
Current through February, 2024
(a) A certified laboratory or a laboratory seeking certification shall provide the department access to inspect the laboratory facility, interview laboratory personnel, or review, inspect, evaluate, and audit records and documents related to the analyses of dispensary licensee samples at any time to verify compliance with this subchapter.
(b) If the department finds that a certified laboratory is not in compliance with the requirements of this chapter, the department shall notify the certified laboratory in writing of the specific areas of non-compliance and the department may do one or more of the following:
(c) If a satisfactory corrective action plan is not submitted to the department within the required timeframe or the identified areas of non-compliance are not corrected to the satisfaction of the department within the required timeframe, the department may suspend or revoke a laboratory certification.
(d) The department may summarily suspend a laboratory certification if the department finds that a certified laboratory has engaged in a deliberate and willful violation of this subchapter or that a violation presents a substantial probability that physical harm will result.
(e) The department may suspend or revoke a laboratory certification for any of the following reasons:
(f) Except as allowed by subsection (d), the department shall send, by certified mail return receipt requested, written notification of suspension or revocation to the laboratory and include the specific reasons for the department's action and the process to request a reconsideration of the department's action pursuant to section 11-850-137.
(g) Upon suspension of its certification, the laboratory shall:
(h) Upon revocation of its certification, the laboratory shall:
(i) Notwithstanding a laboratory's failure to surrender a revoked certification to the department, the laboratory shall no longer be qualified to analyze cannabis or manufactured cannabis products.
(j) A laboratory aggrieved by a decision made pursuant to this section may request a reconsideration of the action in accordance with section 11-850-137.