N.Y. Comp. Codes R. & Regs. tit. 9 § 113.27

Current through Register Vol. 46, No. 36, September 4, 2024

Section 113.27 - Registered Organizations; Inspections and Audits

(a) Licensed, registered or permitted premises, regardless of the type of premises, and all records including but not limited to financial statements and corporate documents, shall be subject to inspection by the Office, by the duly authorized representatives of the Office, by any peace officer acting pursuant to his or her special duties, or by a law enforcement officer.

(b) A registered organization must make themselves, or an agent thereof, available and present for any inspection required by the Office. Such inspection may include, but is not limited to, ensuring compliance by the registered organization with all requirements of the regulations pursuant thereto, and other applicable state and local building codes, fire, health, safety, and other applicable regulations.

(c) Any deficiencies identified by the inspection shall be documented in a statement of findings by the Office and require that the registered organization submit a written plan of correction in a format acceptable to the Office within fifteen (15) calendar days of the issue date of the statement of findings. A plan of correction shall address all deficiencies or areas of noncompliance cited in the statement of findings and shall:

(1) contain an assessment and analysis of the events and/or circumstances that led to the noncompliance;

(2) contain a procedure addressing how the licensee intends to correct each area of noncompliance;

(3) contain an explanation of how proposed corrective actions will be implemented and maintained to ensure noncompliance does not recur;

(4) contain the proposed date by which each area of noncompliance shall be corrected;

(d) Any inspection finding which the Office determines jeopardizes the immediate health, safety, or well-being of the public shall be deemed a critical deficiency and shall require immediate corrective action to remove the immediate risk. The registered organization shall submit a preliminary corrective action plan to the Office within twenty-four (24) hours of notification by the Office of the critical deficiency.

(e) If the Office determines that the corrective action plan needs modification, the registered organization shall modify the plan until it is in its final form, as accepted by the Office;

(f) Upon written approval of the Office, the registered organization shall implement the plan of correction.

(g) Failure by the registered organization to comply with these requirements may result in suspension, revocation, and or a civil penalty in accordance with all appliable rules and regulations of the Office and pursuant to Section 133 of the Cannabis Law.

(h) Nothing herein shall limit the application of any other remedies or sanctions that are available through local, state, and federal laws, and these rules.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 113.27

Adopted New York State Register February 22, 2023/Volume XLV, Issue 08, eff. 2/22/2023