Section R66-32-13 - Violation CategoriesPursuant to Title 4, Chapter 2, Administration, the department may issue the following violations:
(1) Public Safety Violations: $3,000 - $5,000 per violation. This category is for violations that present a direct threat to public health or safety including:(a) refusal to allow inspection;(b) refusal to participate in proficiency testing;(c) failure to comply with testing requirements;(d) failure to report testing results;(e) unauthorized personnel on the premises;(f) permitting criminal conduct on the premises;(g) engaging in or permitting a violation of Title 4, Chapter 41, Hemp and Cannabinoid Act, that amounts to a public safety violation as described in this subsection.(2) Regulatory Violations: $1,000 - $5,000 per violation. This category is for violations involving this rule and other applicable state rules including:(a) failure to maintain DEA registration;(c) failure to keep and maintain records;(d) failure to follow the waste and disposal requirements; or(e) engaging in or permitting a violation of Title 4, Chapter 411, Hemp and Cannabinoid Act, or this rule that amounts to a regulatory violation as described in this subsection.(3) Permitting Violations: $500- $5,000 per violation. This category is for violations involving industrial hemp testing laboratory permitting requirements including:(a) an unauthorized change to the operating plan;(b) failure to notify the department of changes to the operating plan;(c) failure to follow the operating plan as approved by the department;(d) engaging in or permitting a violation of this rule or Title 4, Chapter 4, Hemp and Cannabinoid Act that amounts to a licensing violation as described in this subsection; or(e) failure to respond to violations.(4) The department shall calculate penalties based on the level of violation, and the adverse effect or potential adverse effect at the time of the incidents giving rise to the violation.Utah Admin. Code R66-32-13
Adopted by Utah State Bulletin Number 2024-10, effective 5/13/2024