Section 22235 - Noncompliance Procedures for Certifying Agents and Manufacturers(a) Notice of Noncompliance. (1) When the department issues written notification of noncompliance, the certifying agent or manufacturer must demonstrate that each noncompliance has been resolved within an agreed upon timeframe.(2) The department may send a written notification of noncompliance resolution, if applicable.(b) Suspension, revocation, or denial. When correction of the noncompliance is not completed by the certifying agent or manufacturer, the department may proceed with the suspension, revocation, or denial process.(c) Willful noncompliance. Regardless of paragraph (a) of this section, if the department has reason to believe that the certifying agent or manufacturer has willfully violated regulations in this Subchapter, the department will send a written notification of suspension, proposed suspension, or revocation of registration.(d) Suspension or revocation. When the certifying agent or manufacturer fails to file an appeal of the proposed suspension or revocation of registration pursuant to this article, the department will send a written notice of suspension or revocation of registration.(e) Cessation of activities: (1) The registered certifying must: (A) Cease all OCal certification activities of OCal cannabis manufacturers, and(B) At the request of the department, transfer to the department and make available to department officials all records concerning its certification activities that were suspended or revoked.(2) The manufacturer must:(A) Cease all labeling and advertising of cannabis products sold as OCal, and(B) At the request of the department, transfer to the department and make available to department officials all records concerning its manufacturing activities that were suspended or revoked.(f) Eligibility for reinstatement. A certifying agent or manufacturer whose registration has been suspended under this Subchapter may:
(1) Submit a request to the department for reinstatement of its registration by submitting a new application and paying the registration fee. If approved by the department, the reinstatement will take effect after the expiration date of the suspension.(2) The application must be accompanied by evidence demonstrating correction of each noncompliance and corrective actions taken to comply and remain in compliance with this Subchapter.(3) All fines or penalties or both must be paid prior to consideration for reinstatement.(4) A certifying agent whose registration is revoked by the department will be ineligible to be registered as a certifying agent under this Subchapter for a period of not less than three years following the date of such revocation.(5) A manufacturer whose registration is revoked by the department will be ineligible to be registered by the department as a manufacturer under this Subchapter for a period of not less than three years following the date of such revocation.Cal. Code Regs. Tit. 17, § 22235
1. New article 10 (sections 22235-22245) and section filed 7-1-2021 pursuant to Government Code section 11343.8; operative 7-1-2021. Submitted to OAL for filing and printing only pursuant to Business and Professions Code section 26062(a)(2) (Register 2021, No. 27). Note: Authority cited: Sections 100275, 110065, 110835 and 113115, Health and Safety Code; and Section 26062(a)(2), Business and Professions Code. Reference: Section 26062.5, Business and Professions Code.
1. New article 10 (sections 22235-22245) and section filed 7-1-2021 pursuant to Government Code section 11343.8; operative 7/1/2021. Submitted to OAL for filing and printing only pursuant to Business and Professions Code section 26062(a)(2) (Register 2021, No. 27).