A. For the purposes of this Chapter, in
addition to the individual or individuals identified in the dispensary's
by-laws or other organizational governing documents as principal officers of
the dispensary, if applicable, the following individuals are considered
principal officers:
1. If an individual is applying
for a dispensary registration certificate, the individual;
2.
1. If a corporation is applying for a
dispensary registration certificate, two individuals who are officers of the
corporation, including, but not limited to, the president or chief executive
officer and those individuals serving in the positions of secretary and
treasurer;
3.
2. If a partnership is applying for a dispensary
registration certificate, all individuals who are general partners and the
principal officers of any entity general partner;
4.
3. If a limited
liability company is applying for a dispensary registration certificate, all
managers of a manager-managed limited liability company, all members of a
member-managed limited liability company, and the principal officers of an
entity manager or member;
5.
4. If an association or
cooperative is applying for a dispensary registration certificate, the chief
executive officer, executive director, or other comparable leader of the
association or cooperative;
6. If a joint venture is applying
for a dispensary registration certificate, two of the individuals who signed
the joint venture agreement; and
7.
5. If a business
organization type other than those described in subsections (A)(1) through (4)
is applying for a dispensary registration certificate, two individuals who
occupy the top leadership positions of the business organization.
B. For purposes of this Chapter,
in addition to the individual or individuals identified in the dispensary's
by-laws or other organizational governing documents as board members of the
dispensary, if applicable, the following individuals are considered board
members:
1. If a corporation is applying for
a dispensary registration certificate, the members of the board of directors of
the corporation;
2. If a
partnership is applying for a dispensary registration certificate, the partners
who are not limited partners;
3. If
a limited liability company is applying for a dispensary registration
certificate, the principal officers of the limited liability company;
4. If an association or cooperative is
applying for a dispensary registration certificate, the principal officers of
the association or cooperative;
5. If a joint venture is applying
for a dispensary registration certificate, the individuals who signed the joint
venture agreement; and
6.
5. If a business
organization type other than the types of business organizations in subsections
(B)(1) through (4), the principal officers of the business organization.
C. When a dispensary is required by this Chapter to provide
information, sign documents, or ensure actions are taken, the individual or
individuals in subsections (A) and (B) shall comply with the requirement on
behalf of the dispensary.
Notes
Ariz. Admin.
Code §
R9-17-301
New Section made by
exempt rulemaking at 17 A.A.R. 734, effective April 14, 2011 (Supp. 11-2).
Amended by final exempt rulemaking at
27
A.A.R. 111, effective 1/15/2021. Amended by exempt rulemaking at
27
A.A.R. 747, effective 5/3/2021.