3796:6-4-06 Suspension of a dispensary provisional license or certificate of operation without a hearing.

Pursuant to division (B)(3) of section 3796.14 of the Revised Code, if the state board of pharmacy determines that there is clear and convincing evidence that the method used by a dispensary to possess or dispense medical marijuana presents a danger of immediate and serious harm to others, the board may suspend the dispensary's license without a hearing. Upon the suspension of a dispensary certificate of operation, all medical marijuana shall be placed under seal in accordance with division (C) of section 3796.15 of the Revised Code. The board shall follow the procedure for suspension without a prior hearing in section 119.07 of the Revised Code. The suspension shall remain in effect, unless removed by the board until the board's final adjudication order becomes effective, except that if the board does not issue its final judgment order within ninety days after the hearing, the suspension shall be void on the ninety-first day after the hearing.

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.04 , 3796.14, 3796.15