Conn. Agencies Regs. § 21a-408-20 - Producer selection
(a) The department
shall publish on its Internet web site, and in such other places as the
department deems appropriate, a notice of open applications for producer
licenses. Such notice shall include, but not be limited to:
(1) The maximum number of producer licenses
to be awarded; and
(2) The criteria
that shall be considered in awarding the producer license .
(b) Following the deadline for receipt of
applications, the department shall evaluate each complete and timely submitted
application and award producer licenses on a competitive basis based on the
criteria set out in the notice for applications. In the event the commissioner
determines that there are an insufficient number of qualified applicants to
award all of the producer licenses that the commissioner has determined are
desirable, the department may republish, in accordance with this section, a
notice of open applications for producer licenses.
(c) The department shall consider, but is not
limited to, the following criteria in evaluating producer license applications:
(1) The location for the proposed production
facility to be owned or leased and operated by the producer including, but not
limited to:
(A) Whether the proximity of the
proposed production facility will have a detrimental effect upon any place used
primarily for religious worship, public or private school, convent, charitable
institution, whether supported by private or public funds, hospital or
veterans' home or any camp or military establishment;
(B) Whether the number of production
facilities in the locality is such that the granting of an additional license
is detrimental to the public interest. In reaching a conclusion in this
respect, the commissioner may consider the population of, the number of like
licenses and number of all licenses existent in, the particular town and the
immediate neighborhood concerned and the effect that a new license may have on
such town or neighborhood or on like licenses existent in such town or
neighborhood; and
(C) If the
production facility is leased, whether the lease agreement limits access to the
facility by the owner of the facility, or a representative or agent of the
owner, except on conditions permitted by the Act and section
21a-408-55 of the Regulations of
Connecticut State Agencies;
(2) The character and fitness of the
producer, producer backers, and any other person who may have control or
influence over the producer or production facility;
(3) Detailed information regarding the
applicant's financial position, indicating all assets, liabilities, income and
net worth, to demonstrate the financial capacity of the applicant to build and
operate a production facility;
(4)
The applicant's ability to maintain adequate control against the diversion,
theft and loss of marijuana produced or manufactured at the production
facility;
(5) The applicant's
ability to produce pharmaceutical grade marijuana for palliative use in a
secure, indoor facility;
(6) The
applicant's expertise in agriculture and other production techniques required
to produce pharmaceutical grade marijuana or to manufacture marijuana
products;
(7) Proof acceptable to
the commissioner that the applicant can establish and maintain an escrow
account in a financial institution in Connecticut, a letter of credit drawn
from a financial institution in Connecticut or a surety bond issued by a surety
company licensed by the state of Connecticut Department of Insurance and of a
capacity and rating acceptable to the commissioner , in the secured amount of
two million dollars. Any escrow account agreement, letter of credit or surety
bond shall adhere to the terms and conditions set forth by the commissioner in
the request for applications. The establishment of such escrow account, letter
of credit or surety bond shall be required prior to issuance of a producer
license;
(8) The extent to which
the applicant or any of the applicant's producer backers have a financial
interest in another licensee, registrant or applicant under the Act or sections
21a-408-1 to 21a-408-72 of the
Regulations of Connecticut State Agencies; and
(9) Any other factors provided by Connecticut
state or federal statute or Connecticut or federal regulation that are not
inconsistent with the Act or sections
21a-408-1 to 21a-408-72,
inclusive, of the Regulations of Connecticut State Agencies and that warrant
consideration.
(d) The
commissioner shall have the right to amend the notice of open applications
prior to the deadline for submitting an application. The commissioner shall
publish such amended notice in the same manner as the original notice of open
applications.
(e) The commissioner
shall have the right to cancel a notice of open applications prior to the award
of a producer license.
(f) The
commissioner may disqualify any applicant who:
(1) Submits an incomplete, false, inaccurate
or misleading application;
(2)
Fails to submit an application by the published deadline; or
(3) Fails to pay all applicable
fees.
(g) The decision of
the commissioner not to award a producer license to an applicant shall be
final.
(h) If an applicant has been
awarded a producer license and has not commenced operation of a production
facility within 180 days of being notified of the producer license award, the
commissioner may, in the commissioner 's discretion, rescind such producer
license unless such delay was caused by force majeure. A
producer shall be deemed to have commenced operation if the production facility
is fully constructed and capable of operating in accordance with the producer's
approved application. In the event a producer license is rescinded pursuant to
this subsection, the commissioner may award a producer license by selecting
among the qualified applicants who applied for the producer license subject to
rescission.
Notes
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