1 Colo. Code Regs. § 212-3-9-9035

Current through Register Vol. 47, No. 20, October 25, 2024

Section 1 CCR 212-3-9-9035 - Suspension Process: Regular and Summary Suspensions

Basis and Purpose - 9035

The statutory authority for this rule includes but is not limited to sections 44-50-202(1)(b), 44-50-202(1)(c), 44-50-202(1)(e), 44-50-203(1)(a), 44-50-203(1)(b), 44-50-203(2)(l), 44-50-203(2)(n), and 44-50-203(2)(r), 24-4-104, 24-4-105, and 44-50-701, C.R.S. The State Licensing Authority recognizes that if Licensees are not able to care for their products during a period of active suspension, then their cultivated Regulated Natural Medicine could die, their products could deteriorate, and their on-hand inventory may not be properly maintained. Accordingly, this rule was written to clarify that Licensees whose licenses are summarily suspended may care for on-hand inventory, and manufactured products during the suspension (unless the State Licensing Authority does not allow such activity), provided the Licensed Premises and all Regulated Natural Medicine and Regulated Natural Medicine Product is adequately secured. In addition, the rule clarifies what activity is always prohibited during such suspension.

A.Signs Required During Suspension. Every Licensee whose license has been suspended, whether summarily or after an administrative hearing, shall post two notices in conspicuous places, one on the exterior and one on the interior of its Licensed Premises, for the duration of the suspension. The notices shall be at least 17 inches in length and 11 inches in width containing lettering not less than 1/2'' in height.

1. For suspension following issuance of a Final Agency Order, the sign shall be in the following form:

NOTICE OF SUSPENSION REGULATED NATURAL MEDICINE LICENSES ISSUED FOR THESE PREMISES HAVE BEEN SUSPENDED BY ORDER OF THE STATE LICENSING AUTHORITY FOR VIOLATION OF THE COLORADO NATURAL MEDICINE CODE.

2. For a summary suspension pending issuance of a Final Agency Order, the sign shall be in the following form:

NOTICE OF SUSPENSION REGULATED NATURAL MEDICINE LICENSES ISSUED FOR THESE PREMISES HAVE BEEN SUSPENDED BY ORDER OF THE STATE LICENSING AUTHORITY FOR ALLEGED VIOLATION OF THE COLORADO NATURAL MEDICINE CODE.

Any advertisement or posted signs that indicate that the premises have been closed or business suspended for any reason other than by the manner described in this Rule shall be deemed a violation of these Rules.

B.Prohibited Activity During Active Suspension.

1. Unless otherwise ordered by the State Licensing Authority, during any period of active license suspension the Licensee shall not permit the serving, giving away, distribution, manufacture, acquisition, purchase, testing, transfer, or transport of Regulated Natural Medicine or Regulated Natural Medicine Product at the Licensed Premises, nor allow Participants to enter the Licensed Premises.

2. Unless otherwise ordered by the State Licensing Authority, during any period of suspension the Licensee may continue to possess, maintain, cultivate, or harvest Regulated Natural Medicine and Regulated Natural Medicine Product on the Licensed Premises. The Licensee must fully account for all such Regulated Natural Medicine and Regulated Natural Medicine Product during any period of suspension. The Licensee must safeguard any Regulated Natural Medicine or Regulated Natural Medicine Product in its possession or control. The Licensee must possess and maintain the Licensed Premises in reasonable condition according to health, safety, and sanitary standards, and must fully comply with all security requirements including but not limited to surveillance, lock and alarm requirements set forth in the Natural Medicine Code and these Rules.

C.Removal and Destruction of Regulated Natural Medicine and Regulated Natural Medicine Product. Regulated Natural Medicine and Regulated Natural Medicine Product shall not be removed from the Licensed Premises or destroyed unless:

1. The State Licensing Authority orders forfeiture and destruction;

2. The Licensee has voluntarily surrendered the Regulated Natural Medicine or Regulated Natural Medicine Product in accordance with Rule 9005 - Voluntary Surrender; or

3. The State Licensing Authority has seized the Regulated Natural Medicine or Regulated Natural Medicine Product pursuant to an Administrative Warrant. See Rule 9020 - Administrative Warrant.

D.Renewal. The issuance of an Order to Show Cause or an Order of Summary Suspension does not relieve the Licensee of the obligation to timely comply with all license renewal requirements. The Division's approval of any renewal application filed by a Licensee while subject to an Order to Show Cause or an Order of Summary Suspension shall not constitute a Final Agency Order or an agreement to a settlement of the administrative action. The Licensee shall continue to comply with the requirements of this Rule pending a Final Agency Order resolving the Order of Summary Suspension and any related Order to Show Cause.

1 CCR 212-3-9-9035

47 CR 17, September 10, 2024, effective 10/1/2024