Washington Administrative Code
Title 314 - Liquor and Cannabis Board
Chapter 314-55 - Cannabis licenses, application process, requirements, and reporting
Section 314-55-505 - Administrative violation notice
Universal Citation: WA Admin Code 314-55-505
Current through Register Vol. 24-24, December 15, 2024
(1) The board may issue an administrative violation notice without issuing a notice of correction if:
(a) The licensee is not in
compliance with chapters 69.50 and 69.51A RCW, this chapter, or both, and the
noncompliance poses a direct or immediate threat to public health and
safety;
(b) The licensee has
previously been subject to an enforcement action or written notice for a
violation of the same statute or rule within the same penalty category, the
notice of correction for the violation has already been issued, the licensee
failed to timely comply with the notice, and such notice is not subject to a
pending request to the board to extend the time to achieve compliance;
or
(c) The licensee has failed to
respond to prior administrative violation notices or has outstanding unpaid
monetary penalties; and
(d) 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
enterprises, gangs, cartels, or parties not qualified to hold a cannabis
license based on criminal history requirements;
(iv) The commission of noncannabisrelated
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 conduct or action that is, or is alleged to be, any of
the violations identified in (d)(i) through (iv) of this subsection.
(2) The board will prepare an administrative violation notice and mail or deliver the notice to the licensee, licensee's agent, or employee.
(3) The administrative violation notice will include:
(a) A detailed description of the
alleged violation(s);
(b) The
date(s) of the violation(s);
(c)
The text of the specific section or subsection of rule;
(d) An outline of the licensee's resolution
options as outlined in WAC 314-55-5055; and
(e) The recommended penalty as described in
this chapter, and including a description of known mitigating and aggravating
circumstances considered in the penalty determination.
Statutory Authority: RCW 69.50.325, 69.50.331, 69.50.342, 69.50.345. WSR 13-21-104, § 314-55-505, filed 10/21/13, effective 11/21/13. WSR 13-21-003, § 314-55-505, filed 10/3/2013, effective 11/3/2013
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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