Current through Register Vol. 61, No. 4, April 1, 2022
must deny an application if:
application, supporting documentation provided by the applicant, or other
information obtained by the Authority shows that the qualifications for a
dispensary in ORS 475B.858 or these rules have not been met; or
An individual named in an application has
(A) Convicted for the manufacture or
delivery of a controlled substance in Schedule I or Schedule II within two
years from the date the application was received by the Authority; or
(B) Convicted more than once for the
manufacture or delivery of a controlled substance in Schedule I or Schedule II;
(c) The city or county
in which the facility is located has prohibited dispensaries in accordance with
sections 133 chapter 614, Oregon Laws 2015, or ORS 475B.968, unless the
dispensary meets the criteria in sections 133(6), chapter 614, Oregon Laws 2015
or ORS 475B.968(6).
The Authority may deny an applicant if it determines that the applicant, the
owner of the dispensary, a PRD, or an employee of the medical marijuana
(a) Submitted intentionally false
or misleading information to the Authority; or
(b) Violated at any time a provision of ORS
475B.785 to 475B.949,
475B.615, OAR chapter 333,
division 7, these rules or an ordinance adopted pursuant to ORS
individual named in an application is not qualified based on age or the
criminal background check, the Authority will permit a change form to be
submitted in accordance with OAR 333-008-1078
, along with the
applicable criminal background check fee. If the individual named in the change
form is not qualified the Authority must deny the application in accordance
with section (1) of this rule.
If the Authority intends to deny an application for registration it must issue
a Notice of Proposed Denial in accordance with ORS
Or. Admin. R.
PH 2-2014(Temp), f.
1-14-14, cert. ef. 1-15-14 thru 7-13-14; PH 20-2014, f. & cert. ef.
4-2015, f. & cert. ef.
1/28/2015; PH 16-2015(Temp), f. & cert. ef.
9-22-15 thru 3-19-16;
9-2016, f. 2-26-16, cert. ef.
21-2016, f. 6-24-16, cert. ef.
147-2018, minor correction filed 04/30/2018, effective
Statutory/Other Authority: ORS 475B.858 & 475B.949
Statutes/Other Implemented: ORS