OAR 333-008-1060
Medical Marijuana Dispensaries: Denial of Dispensary Application
(1)
The Authority must deny an application if:(a)
An application, supporting documentation provided by the applicant, or other information obtained by the Authority shows that the qualifications for a dispensary in ORS 475B.858 (Medical marijuana dispensary registration system) or these rules have not been met; or(b)
An individual named in an application has been:(A)
Convicted for the manufacture or delivery of a controlled substance in Schedule I or Schedule II within two years from the date the application was received by the Authority; or(B)
Convicted more than once for the manufacture or delivery of a controlled substance in Schedule I or Schedule II; or(c)
The city or county in which the facility is located has prohibited dispensaries in accordance with sections 133 chapter 614, Oregon Laws 2015, or ORS 475B.968 (Adoption of ordinances), unless the dispensary meets the criteria in sections 133(6), chapter 614, Oregon Laws 2015 or ORS 475B.968 (Adoption of ordinances)(6).(2)
The Authority may deny an applicant if it determines that the applicant, the owner of the dispensary, a PRD, or an employee of the medical marijuana dispensary:(a)
Submitted intentionally false or misleading information to the Authority; or(b)
Violated at any time a provision of ORS 475B.785 (Findings) to 475B.949 (Authority to adopt rules for ORS 475B.785 to 475B.949), 475B.555 (Testing standards and processes), 475B.605 (Labeling requirements), 475B.615 (Packaging requirements), OAR chapter 333, division 7, these rules or an ordinance adopted pursuant to ORS 475B.928 (Local time, place and manner regulations).(3)
If an individual named in an application is not qualified based on age or the criminal background check, the Authority will permit a change form to be submitted in accordance with OAR 333-008-1078 (Medical Marijuana Dispensaries: Removal, Addition, Change, Designation or Assignment of PRD) or 333-008-2030 (General Requirements for Medical Marijuana Processing Sites and Dispensaries: Notification of Changes), along with the applicable criminal background check fee. If the individual named in the change form is not qualified the Authority must deny the application in accordance with section (1) of this rule.(4)
If the Authority intends to deny an application for registration it must issue a Notice of Proposed Denial in accordance with ORS 183.411 (Delegation of final order authority) through 183.470 (Orders in contested cases).
Source:
Rule 333-008-1060 — Medical Marijuana Dispensaries: Denial of Dispensary Application, https://secure.sos.state.or.us/oard/view.action?ruleNumber=333-008-1060
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