Rule 351-8-.01 - Authority to Investigate, Inspect, and Levy Fines(1) The Commission and its employees shall have the authority to: (a) Investigate violations, or suspected violations, of the Act and any rules promulgated pursuant to it;(b) Refer complaints to the Georgia Bureau of Investigation, the Georgia Drugs and Narcotics Agency, local law enforcement, and other appropriate government authorities, and to cooperate with such entities in their respective investigations and processes;(c) Serve all orders, summonses, administrative citations, notices, or other processes relating to the enforcement of the Act and the rules of the Commission;(d) Conduct on-demand and scheduled inspections and investigations of the premises of licensees and registrants; and(e) Exercise any other power or duty authorized by law.(2) Prior notice of an inspection, investigation, review, or audit is not required.(3) During an inspection or investigation, the Commission and its employees shall have the authority to: (a) Have full and immediate access to enter and inspect the entire premises of the licensee or registrant, and all locations, vehicles, and equipment associated with the operations, storage, and records of a licensee or registrant;(b) Question any individual on the premises;(c) Obtain and test any regulated cannabis possessed by, in the control of, or used by a licensee or registrant and its employees;(d) Access, review, request, and receive copies of any physical or electronic data, materials, books, or records of any licensee or registrant and its employees; and(e) Provide a written notice of specific violations found during the inspection or investigation.(4) Nothing in this rule prohibits the Commission or its employees from investigating or inspecting the premises of a licensee or registrant at any time, or from referring potential criminal activity to law enforcement.(5) Pursuant to, and consistent with, Code Section 16-12-203(17), the Commission hereby delegates the authority and responsibility to determine and levy fines to the GMCC Executive Director. (a) Fines levied may be progressively structured up to the maximum amount as set forth in Code Section 16-12-203(17) and as may be identified on the inspection report or a Commission order.(b) A fine schedule may be established and published on the Commission's website.Ga. Comp. R. & Regs. R. 351-8-.01
O.C.G.A. §§ 16-12-203, 16-12-210, 16-12-213, 16-12-216, 16-12-217.
Original Rule entitled "Authority to Investigate, Inspect, and Levy Fines" adopted. F. Mar. 16, 2023; eff. Apr. 5, 2023.