Or. Admin. R. 333-008-1040 - Medical Marijuana Dispensaries: Dispensary Application Review

Current through Register Vol. 61, No. 4, April 1, 2022

(1) Applications will be reviewed in the order they are received by the Authority. An application is considered received as of the date and time that payment of application and registration fees is authorized by the entity that issued the credit or debit card used to pay the fees.
(2) Once the Authority has determined that an application is complete it will review an application to the extent necessary to determine compliance with ORS 475B.858 and these rules.
(3) The Authority may, in its discretion, prior to acting on an application:
(a) Contact any individual listed on the application and request additional documentation or information;
(b) Inspect the premises of the proposed dispensary; or
(c) Verify any information submitted by the applicant.
(4) Prior to making a decision whether to approve or deny an application the Authority must:
(a) Review the criminal background check results for each individual named on the application;
(b) Determine whether the proposed location of the dispensary is the same location as a registered grow site under OAR 333-008-0025;
(c) Review documentation submitted by the applicant to determine, based on the information provided by the applicant, whether the proposed location of the dispensary is located within 1,000 feet of:
(A) The real property comprising a public or private elementary or secondary school, except as provided in ORS 475B.864; or
(B) Another registered dispensary;
(d) Verify that the applicant is registered as a business with the Office of the Secretary of State; and
(e) Verify that the proposed location of the dispensary is not:
(A) Located in an area that is zoned for residential use; or
(B) In a city or county that has adopted an ordinance under ORS 475B.968 or section 133 chapter 614, Oregon Laws 2015, prohibiting dispensaries.
(5) If during the review process the Authority determines that the application or supporting documentation contains intentionally false or misleading information the Authority may declare the application incomplete or issue a notice of denial under OAR 333-008-1060.
(6) The Authority will notify the applicant in writing that the applicant has 60 calendar days from the date of the written notice to submit a Readiness Form, prescribed by the Authority, indicating that the applicant is prepared for an inspection and is in compliance with these rules if:
(a) There is no basis for denial under OAR 333-008-1060;
(b) The proposed dispensary is in compliance with ORS 475B.858(3)(a) through (e);
(c) Each individual named in the application passes the criminal background check; and
(d) Each individual named as a PRD in the application meets age requirements.
(7) If the Authority does not receive the Readiness Form in accordance with section (6) of this rule the applicant's application will be declared incomplete, unless an extension has been granted under section (8) of this rule.
(8) An applicant may request one extension of the 60-day deadline in section (6) of this rule if the applicant can demonstrate to the Authority that the deadline cannot be met for reasons outside of the applicant's control, such as but not limited to the applicant's inability to obtain local government building permits.
(a) A request for an extension must be in writing, must be received within 60 calendar days of the notice described in section (6) of this rule and must explain and provide documentation that shows the applicant cannot, for reasons outside of the applicant's control, meet the 60-day deadline, and must specify when the applicant believes it can submit the Readiness Form.
(b) A request for an extension tolls the 60-day deadline.
(c) The Authority will review the request and provide, in writing to the applicant, its decision and the reason for the decision.
(d) If an extension is granted the Authority must inform the applicant of the new deadline for submission of the Readiness Form, but in any case an extension may not exceed 60 calendar days.

Notes

Or. Admin. R. 333-008-1040
PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14; PH 20-2014, f. & cert. ef. 7-11-14; PH 4-2015, f. & cert. ef. 1/28/2015; PH 9-2016, f. 2-26-16, cert. ef. 3/1/2016; PH 21-2016, f. 6-24-16, cert. ef. 6/28/2016; PH 29-2017, amend filed 12/22/2017, effective 1/1/2018; PH 145-2018, minor correction filed 04/30/2018, effective 4/30/2018

Statutory/Other Authority: ORS 475B.858 & 475B.949

Statutes/Other Implemented: ORS 475B.858

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