Washington Administrative Code
Title 314 - Liquor and Cannabis Board
Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting
Section 314-55-013 - Voluntary cannabis licensee consultation and education program
Universal Citation: WA Admin Code 314-55-013
Current through Register Vol. 24-18, September 15, 2024
(1) Purpose and scope. The purpose of this section is to:
(a) Establish a
program for cannabis licensee consultation and education visits consistent with
the requirements of
RCW
69.50.342(3) and
69.50.561;
(b) Establish criteria for the provision of
advice, consultation, and education visits including, but not limited to,
recommendations on abating violations of this chapter;
(c) Ensure that advice, consultation and
education visits are distinguished from inspections, technical visits, or
investigations, and are limited to interpretation and applicability of
standards in this chapter including, but not limited to, the conditions,
structures, machines, equipment, apparatus, devices, materials, methods, means
and practices in the licensee's licensed premise; and
(d) Advice, consultation, and educational
visits provided under this program do not include business advice concerning
issues that may include, but are not limited to, individual business
operations, marketing, distribution, financing, profitability, or
viability.
(2) Definitions.
(a) For purposes of
this chapter, "a direct or immediate relationship to public health and safety"
or "a direct or immediate risk to public health and safety" means, where the
board can prove by a preponderance of the evidence:
(i) Diversion of cannabis product out of the
regulated market or sales across state lines;
(ii) Furnishing of cannabis product to
persons under 21 years of age;
(iii) Diversion of revenue to criminal
enterprise, gangs, cartels, or parties not qualified to hold a cannabis license
based on criminal history requirements;
(iv) The commission of noncannabis-related
crimes; or
(v) Knowingly making a
misrepresentation of fact to the board, an officer of the board, or an employee
of the board related to the conduct or action that is, or is alleged to be, any
of the violations identified in (a)(i) through (iv) of this
subsection.
(vi) Violations
outlined in WAC 314-55-509(1)(a), (b), and (c), and more fully described in WAC
314-55-520,
314-55-521, and 314-55-522.
(b) The definitions contained in chapters
314-55 WAC and 69.50 RCW also apply to this section.
(3) Request for consultation.
(a) A cannabis licensee or their designee may
make one request for advice and consultation per year by completing and
submitting an application to request consultation through the board's website.
Additional requests may be considered at the board's discretion.
(b) A board representative will schedule and
complete advice and consultation visits within 45 calendar days of receipt of
the request for consultation.
(i) If the
cannabis licensee or designee, or the board representative requires more than
45 calendar days to schedule and complete the consultation visit, the board
representative may extend the completion deadline.
(ii) If the deadline is extended, at the
licensee's request, more than 60 days after the board's receipt of the request
for consultation, the cannabis licensee must resubmit a request for
consultation consistent with this section.
(4) Advice and consultation services.
(a) Advice and consultation
services offered in connection with a request for consultation do not preclude
informal requests, or usual and customary interactions between licensees, the
board, or any board staff.
(b)
Regulatory issues described in this chapter observed during the course of an
advice, consultation, and education visit are not subject to disciplinary
action unless the identified issue has a direct or immediate relationship to
public health and safety.
(c)
Advice, consultation, education, and any written report or documentation
provided under this section is limited to the matters specified in the request
for consultation. At the request of the licensee, a consultation may include:
(i) An initial meeting to explain the
licensee's rights and obligations;
(ii) A walk-through visit to evaluate the
compliance concerns specified in the request for consultation;
(iii) A closing meeting to discuss conditions
noted during the initial visit to make recommendations;
(iv) A written report of conditions found in
the cannabis licensee's place of business and any recommendations or agreements
made; or
(v) A follow-up visit, if
appropriate, to ensure that the conditions specified in the request for
consultation have been satisfactorily abated.
(d) If an identified condition is not a
direct or immediate risk to public health and safety, the condition will be
documented in the appropriate database as part of the consultation visit, and
will include the following:
(i) A detailed
description of the condition that is not in compliance;
(ii) The full text of the specific section or
subsection of the statute or rule applicable to the condition that is not in
compliance;
(iii) A statement and
complete description of the actions and steps the licensee or their designee
must take to achieve compliance;
(iv) The date, method of service, name, and
signature of the licensee, their designee, or both participating in the visit;
and
(v) The date that the licensee
or their designee must achieve compliance. This date may be mutually agreed
upon by the board representative and the licensee or their designee, and may be
based on a variety of factors including, but not limited to, the cost and
severity of the conditions to be abated.
(e) A consultation report or notice to
correct made by a board representative under this section is not a formal
enforcement action.
(f) The board
representative will provide the licensee or their designee with instructions
regarding how to request an extension of time consistent with subsection (5) of
this section.
(g) The board
representative may perform a follow-up visit within 60 days of the mutually
agreed upon compliance date based on the severity of the conditions described
in this section.
(5) Licensee responsibilities.
(a) A
cannabis licensee or their designee agrees to work with the board
representative to schedule a consultation visit at a mutually agreed upon date
and time.
(b) A cannabis licensee
or their designee agrees to make reasonable efforts to correct or abate all
conditions identified in the statement of conditions within the mutually agreed
upon date and time.
(c) If a
cannabis licensee or their designee is unable to correct or abate all of the
conditions identified in the statement of conditions, the licensee or their
designee may request an extension of time by submitting a written request. The
written request must describe:
(i) The need
for the extension;
(ii)
Confirmation of the steps taken to abate the conditions described in the
statement of conditions; and
(iii)
A proposed abatement date.
Disclaimer: These regulations may not be the most recent version. Washington may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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