Current through 2024-36, September 4, 2024
Section 691-5-10 - Denial, Suspension, Limitation or Revocation of Certification by the CDCSection 10.1 - Denial, Suspension or Revocation of Provisional Certification A. The CDC may suspend a provisional certification if the provisional licensee fails to obtain ISO/IEC 17025:2017 or most recent version accreditation within the period of the original provisional certification.B. The CDC shall revoke a provisional certification if the provisional licensee is denied ISO/IEC 17025:2017 or most recent version accreditation.Section 10.2 - Denial, Suspension or Revocation of Certification A. The CDC may deny, revoke, suspend, or not renew the certification of any cannabis testing facility for engaging in conduct that includes, but is not limited to, the following:(1) Failure to observe any term of certification;(2) Failure to observe any order, request or other directive made under the statutory authority vested in OCP or the CDC;(3) Engaging in, aiding, abetting, causing or permitting any action prohibited under 22 MRS, chapter 558-C or 28-B MRS, chapter 1;(4) Failure to comply with any regulatory requirement of these rules and any other applicable state regulation or statute;(5) Making false or deceptive representation on any application for certification or renewal thereof;(6) Failure to maintain professional, competent and ethical standards of practice;(7) Making false or deceptive representation of any testing results and reports thereof;(8) Failure to provide timely and accurate data reporting;(9) Engaging in false or deceptive advertising; or(10) Providing services associated with product labeling for a licensed establishment, registered dispensary, or an exempt or registered caregiver; a principal officer, board member of a registered dispensary; or an employee or assistant of a registered dispensary or an exempt or registered caregiver who has a financial or other interest in the cannabis testing facility.B. The CDC may deny, revoke or suspend the certification of any cannabis testing facility if the municipality wherein the cannabis testing facility is located has informed OCP that it has revoked, suspended or not renewed local authorization of the cannabis testing facility.C. The CDC shall communicate any denial, suspension or revocation in writing, along with a notice of the licensee's right to appeal, consistent with the Maine Administrative Procedure Act, 5 MRS, chapter 375.18-691 C.M.R. ch. 5, § 10