Section 3.306.805. Report or notice of violation.

	(a)  The director, an enforcement agent, an employee of the board, or a peace officer acting in an official capacity, may issue an inspection report, an advisory report, or a notice of violation before taking action to suspend or revoke a marijuana establishment license.  
	(b)  An inspection report documents an investigator's inspection of licensed premises. An inspection report must be prepared on a form the board prescribes and include information prescribed under AS 17.38  or this chapter or that the board requires.  
	(c)  The director, an enforcement agent, an employee of the board, or a peace officer acting in an official capacity may issue an advisory notice when an incident occurs or a defect is noted that could result in a violation of a statute, regulation, or municipal ordinance. An advisory notice may result from an inspection report, but is not a basis for administrative action unless the incident or defect continues or is not corrected.  
	(d)  The director, an enforcement agent, an employee of the board, or a peace officer acting in an official capacity may issue a notice of violation if an inspection report or other credible information shows a marijuana establishment is in violation of AS 17.38,  this chapter, or other law relating to marijuana. The notice of violation must be delivered to the marijuana establishment at its licensed premises, and to the board. The notice must describe any violation, and cite the applicable statute, regulation, or order of the board. A marijuana establishment that receives a notice of violation may respond to the notice orally or in writing, and may, not later than 10 days after receiving the notice, request an opportunity to appear before the board. A notice of violation may be the basis of a proceeding to suspend or revoke a marijuana establishment's license as provided under 3 AAC 306.810.  

Authorities

17.38.010;17.38.070;17.38.121;17.38.131;17.38.150;17.38.190;17.38.200;17.38.900

Notes

Reference

3 AAC 306.800

Authority

AS 17.38.010 AS 17.38.070 AS 17.38.121 AS 17.38.131 AS 17.38.150 AS 17.38.190 AS 17.38.200 AS 17.38.900

History

Eff. 2/21/2016, Register 217