N.H. Code Admin. R. He-C 402.05 - Registration of ATCs

Current through Register Vol. 41, No. 52, December 30, 2021

(a) Only an ATC that is currently registered by the department and has been issued a registration certificate may cultivate and dispense cannabis or CIP to qualifying patients and designated caregivers who have been issued a registry identification card from the department. However, an entity that has been issued a conditional registration certificate in accordance with (i) below may perform all operations described in He-C 402 appropriate for that location, in anticipation that the entity will become fully operational.
(b) Each ATC selected as part of the RFA process shall provide to the department the fee of $20,000 in accordance with He-C 402.04(g) (2) within 10 days of the department's notice that the entity has been selected. Failure to provide the fee within the required timeframe shall result in forfeiture of the selection and shall prevent the entity from submitting an application in (c) below.
(c) Each ATC selected as part of the RFA process shall submit the following to the department within 90 days of the department's notice that the entity has been selected:
(1) A completed application:
a. Signed by the applicant or 2 of the corporate officers affirming the following:

"I affirm that I have read and understand the requirements of RSA 126-X and the rules adopted thereunder and that the premises are in compliance with that statute and rule. I understand that providing false or misleading information shall be grounds for denial, suspension, or revocation of the registration and the imposition of a fine."; and

b. Containing the following information:
1. The name of the ATC;
2. The physical address of the ATC and, if applicable, the physical address of a second location for cultivation and processing operated by the ATC;
3. The mailing address of the ATC if different from the physical address;
4. The telephone number of the ATC;
5. The name of the ATC's administrator; and
6. The email address for the ATC's administrator, and for the ATC if different;
(2) A "Certificate of Good Standing" issued by the NH secretary of state authorizing the ATC to do business as a not-for-profit corporation in the state of New Hampshire;
(3) Proof of registration with the NH attorney general's office as a charitable trust under RSA 7:19 et seq for the benefit of qualifying patients;
(4) A copy of the ATC's articles of agreement;
(5) A copy of the ATC's bylaws;
(6) A statement detailing any instances in which a prospective board member, corporate officer, or executive employee who previously ran a business or managed or sat on the board of directors of a corporation was convicted, fined, censured, or had a registration, certification, or license suspended or revoked in any administrative or judicial proceeding, or any instances in which the business or corporation itself was subject to such an action, if this information was not included in the RFA application;
(7) A floor plan of the prospective ATC, to include a complete description and layout of the indoor, enclosed, locked facility, in which all limited access areas are clearly indicated in the diagram of the registered premises, reflecting walls, partitions, counters, and all areas of entry and exit. Said diagram shall also show all propagation, vegetation, flowering, processing, production, storage, disposal, and retail sales areas;
(8) An organization chart indicating ATC board members, executive employees, and corporate officers. The chart shall contain, or be accompanied by a list of, the names of the individuals occupying these positions;
(9) Resumes for the ATC board members, executive employees, and corporate officers;
(10) The name, address, and date of birth of each executive employee, corporate officer, and member of the board of directors of the ATC, if the resumes in (9) above do not contain this information;
(11) Written local approvals as follows:
a. For an existing building, the following written local approvals shall be obtained no more than 90 days prior to submission of the application, from the following local officials or if there is no such official(s) , from the board of selectmen or mayor:
1. The health officer verifying that the applicant complies with all applicable local health requirements, drinking water and wastewater requirements;
2. The building official verifying that the applicant complies with all applicable state building codes and local building ordinances;
3. The zoning official verifying that the applicant complies with all applicable local zoning ordinances; and
4. The fire chief verifying that the applicant complies with Saf-C 6000, the state fire code, including, but not limited to, the applicable chapter of National Fire Protection Association (NFPA) 101, as adopted by the commissioner of the department of safety under RSA 153, and as amended pursuant to RSA 153:5, I, by the state fire marshal with the board of fire control, and local fire ordinances applicable for an agricultural processing and retail sales facility; or
b. For a building under construction or undergoing renovation:
1. The local approvals of the construction or renovation plans; and
2. The final local approvals required by a. above shall be submitted upon completion of the construction or renovation project;
(12) The results of a federal and NH state criminal records check conducted by the NH department of safety for every corporate officer, board member, and executive employee pursuant to RSA 126-:8, IV(a) X, and RSA 126-:4, II-aX;
(13) If the ATC uses a private water supply, documentation that the water supply has been tested in accordance with and meets the requirements of RSA 485 and Env-Dw 700, or if a public water supply is used, a copy of a water bill;
(14) The distance, in feet, from any pre-existing designated drug-free school zone located within 1320 feet of the registered premises;
(15) A list of all persons or entities not included in the RFA and having direct or indirect authority over the management or policies of the ATC, including the members of the not-for-profit corporation, and a list of all persons or entities contributing $5000 or more of the initial capital to operate an ATC, including capital that is in the form of land or buildings. Identify any conditions on such funds or property; and
(16) Documentation of liability insurance coverage in the amount of 2 million dollars.
(d) The applicant shall mail or hand-deliver the documents in (c) above to:

Department of Health and Human Services

Health Facilities Administration

Therapeutic Cannabis Program

129 Pleasant Street

Concord, NH 03301

(e) An application for an initial registration shall be complete when the department determines that all items required by (c) above have been received.
(f) If an application does not contain all of the items required by (c) above, the department shall notify the applicant in writing of the items required before the application can be processed.
(g) The department shall deny a registration certificate request in accordance with RSA 126-:8,VX, after reviewing the information in (c) (12) above if it determines that a corporate officer, a board member, or executive employee has been convicted of a felony in this or any other state.
(h) Following an inspection, a notice of registration approval shall be issued if the department determines that an applicant requesting an initial registration is in full compliance with RSA 126-X and He-C 402, including payment of all applicable fees.
(i) Notwithstanding (h) above, if an entity intends to have a cultivation location separate from its dispensing location, and if it completes construction of either location before it completes construction of the other location, the department shall issue a conditional registration certificate authorizing the entity to perform all operations described in He-C 402 applicable to that location, provided that:
(1) The entity has submitted an application for a registration certificate;
(2) The entity has paid all non-refundable fees required under He-C 402.04;
(3) The entity has received local approvals for the location required under He-C 402.05(c) (11) ; and
(4) The location has been inspected by the department and found to be in full compliance with RSA 126-X and these rules.
(j) If a conditional registration certificate is issued under (i) above, the entity shall not open its other location and until such time as the department has inspected the other location, found it to be in full compliance with RSA 126-X and these rules, and informed the entity in writing that it may open its other location.
(k) In the event that a conditional registration certificate is issued under (i) above and the entity does not subsequently open its dispensing location pursuant to RSA 126-:7, VIIIX, any cannabis cultivated or CIP produced shall either be transferred or sold to another NH ATC or, if such sale or transfer is not possible, shall be considered waste and shall be destroyed and discarded as waste in accordance with He-C 402.22 under the supervision of the department.


N.H. Code Admin. R. He-C 402.05
Adopted byVolume XXXIV Number 50, Filed December 11, 2014, Proposed by #10731, Effective 11/25/2014. Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10961, Effective 10/23/2015, Expires 10/23/2025. Amended by Volume XXXVII Number 2, Filed January 12, 2017, Proposed by #12076, Effective 1/1/2017, Expires 1/1/2027. Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12653, Effective 11/1/2018, Expires 11/1/2028.

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