Dear MED Stakeholders:
The MED is issuing this notice to inform stakeholders of its ongoing efforts to enhance the accessibility of information open to public disclosure. Beginning Monday, August 8, 2022, the MED will begin publishing all Marijuana Business Final Agency Actions on its website. Since 2012, the MED has published on its website annual reports on administrative actions involving fines, revocations, or suspensions. This latest initiative is intended to enhance ease of access to open records and streamline processing of requests pursuant to the Colorado Open Records Act (CORA).
What is a Final Agency Action?
If an MED investigation identifies evidence of non-compliant activity, the Division may pursue administrative action in accordance with the Colorado Administrative Procedure Act. The resolution of that process results in a Final Agency Action issued by the State Licensing Authority (SLA). Final Agency Actions include:
- Final Agency Order (FAO): a decision by the SLA following the issuance of an Order to Show Cause (and in some cases, following an administrative hearing before the Department of Revenue’s Hearings Division).
- Stipulation, Agreement, and Order (SAO): an order issued by the SLA reflecting resolution of the matter via terms of agreement between the Division and the applicant/licensee. SAO terms are informed by mitigating and aggravating factors and consider opportunities to improve future ongoing compliance.
Why is the MED adding these records to its website?
All government agencies are subject to CORA, and the Colorado Revised Statute section 24-72-201, C.R.S., provides that “it is the public policy of this state that all public records shall be open for inspection by any person at reasonable times…” Administrative actions that have resulted in a final agency action are generally deemed public records that are available via CORA.
This initiative will streamline the process for making open records accessible to interested parties without having to initiate a CORA request and will reduce the use of limited resources on these types of inquiries for public information under CORA. Records published on the MED’s website will be redacted to protect confidential and other protected information consistent with records furnished pursuant to a CORA request. Additionally, the records published will be updated on a rolling basis as new final orders are issued.
Where can I find these records?
Once the records are published, you will find them on the MED State Licensing Authority Final Agency Actions webpage that will be linked on the MED homepage.
Please note that final agency actions that will be published on the MED’s website only include those issued by the State Licensing Authority and don’t include actions taken by local licensing or local law enforcement agencies.
Publishing final agency actions to the MED’s website represents one of many initiatives the Department of Revenue is engaging in to enhance transparency and ease of customer access. Most recently, the Division launched its new data dashboard, which is an interactive tool that increases the array of data collected and analyzed by the Division and more easily allows for visitors to navigate the data themselves.
Sincerely,
The Marijuana Enforcement Division
