006.02.20 Ark. Code R. § 008 - Medical Marijuana Rule- Abandonment of License

FINAL RULE

SECTION 25. ABANDONMENT OF LICENSE

25.1 Notice of Intent to Commence Operations

a. If a licensed cultivator, licensed processor, licensed dispensary, or licensed transporter within 365 days of its initial license being issued or within 365 days of its renewal, if the initial license was issued prior to January 1, 2020, fails to notify the Division of its intent to commence operations pursuant to rule 4.2, the license shall be considered abandoned and shall be immediately surrendered to the Director.

b. A licensed cultivator, licensed processor, licensed dispensary, orlicensed transporter prior to the abandonment of the license may submit a written petition to Director for a one-time 60 day extension which will be granted upon a finding that the delay was not due to inattention on the part of the licensee and there is a good faith basis to grant the extension.

25.2 Petition for Return

Within thirty (30) days of the date the license is abandoned, the licensee may petition the Board to have the license returned by submitting evidence of the following information:

a. That all taxes and fees owing the state have been paid;

b. The reason for the delay; and c. The date the licensee intends to commence operations.

25.3 Return of License

The Board may return the license if the Board finds that:

a. Business circumstances exist to justify the delay;

b. The delay to commence operations was not due to mere deferral or inattention on the part of the licensee; and c. The license should be returned

25.4 License Revocation

If the licensee does not petition for the return of the license, or if the Board rejects the petition, the license shall be considered revoked.

Notes

006.02.20 Ark. Code R. § 008

Adopted by Arkansas Register Volume MMXX Number 13, Effective 7/16/2020