N.D. Admin Code 33-44-01-06 - Compassion center application process

1. The department shall announce the open application period for the submission of compassion center applications. The announcement may be made using the department's website, electronic mail, press release, or any other means determined by the department. The announcement must include:

a. Instructions;

b. Forms;

c. Deadline for submission;

d. Criteria and score sheet to be used to review applications;

e. Number, and category, of compassion centers eligible for registration; and

f. Department contact information.

2. The department shall announce a change to the application requirements in the same manner used to announce the open application period.

3. The department may use a separate open application period for each category of compassion center.

4. Each proposed compassion center must be a separate legal entity and must submit a complete application.

5. The department shall establish a panel to evaluate all complete compassion center applications received before the deadline. The panel must be comprised of at least three, but no more than five, members. Panel members shall execute a conflict of interest form developed by the department. An individual with a conflict of interest, as determined by the department, may not participate as a panel member.

6. The panel shall evaluate all complete compassion center applications using an impartial and numerical scoring system. The panel must include the criteria in subsection 2 of North Dakota Century Code section 19-24.1-14 when reviewing compassion center applications. The department may include additional criteria in the review as long as the criteria is included in the open application period announcement.

7. Each panel member shall review and score every complete application.

8. The cumulative total of all the scores assigned to an application by each panel member is the final score. The final score will determine which applicants are eligible for registration.

9. The department shall notify, in writing, the highest scoring applicants for each category of compassion center of their eligibility for registration. Upon approval of the criteria in subsection 1 of North Dakota Century Code section 19-24.1-15 the department shall issue a compassion center registration certificate to the eligible compassion centers in each category. A separate legal entity may possess only one compassion center registration certificate. The department shall notify, in writing, compassion center applicants who are not selected for registration.

10. The department shall determine the amount and acceptable evidence of the financial assurance or security bond required in subsection 1 of North Dakota Century Code section 19-24.1-15. The amount may not exceed one hundred thousand dollars for a dispensary and may not exceed one million dollars for a manufacturing facility.

11. If a compassion center applicant eligible for registration does not meet the criteria in subsection 1 of North Dakota Century Code section 19-24.1-15, the department may select the next highest scoring compassion center applicant in the category for registration, or establish a new open application period.

Notes

N.D. Admin Code 33-44-01-06

Adopted by Administrative Rules Supplement 368, April 2018, effective 4/1/2018. Amended by Administrative Rules Supplement 2022-386, October 2022, effective 10/1/2022.

General Authority: NDCC 19-24.1-12

Law Implemented: NDCC 19-24.1-12