Arkansas Administrative Code
Agency 006 - Department of Finance and Administration
Division 02 - Alcoholic Beverage Control Division
Rule 006.02.20-008 - Medical Marijuana Rule- Abandonment of License
Universal Citation: AR Admin Rules 006.02.20-008
Current through Register Vol. 49, No. 9, September, 2024
FINAL RULE
SECTION 25. ABANDONMENT OF LICENSE
25.1
Notice of Intent to Commence Operations
a. If a licensed cultivator, licensed
processor, licensed dispensary, or licensed transporter within 365 days of its
initial license being issued or within 365 days of its renewal, if the initial
license was issued prior to January 1, 2020, fails to notify the Division of
its intent to commence operations pursuant to rule 4.2, the license shall be
considered abandoned and shall be immediately surrendered to the
Director.
b. A licensed cultivator,
licensed processor, licensed dispensary, orlicensed transporter prior to the
abandonment of the license may submit a written petition to Director for a
one-time 60 day extension which will be granted upon a finding that the delay
was not due to inattention on the part of the licensee and there is a good
faith basis to grant the extension.
25.2
Petition for
Return
Within thirty (30) days of the date the license is abandoned, the licensee may petition the Board to have the license returned by submitting evidence of the following information:
a. That all taxes and fees owing the state
have been paid;
b. The reason for
the delay; and c. The date the licensee intends to commence
operations.
25.3
Return of License
The Board may return the license if the Board finds that:
a. Business circumstances exist
to justify the delay;
b. The delay
to commence operations was not due to mere deferral or inattention on the part
of the licensee; and c. The license should be returned
25.4
License
Revocation
If the licensee does not petition for the return of the license, or if the Board rejects the petition, the license shall be considered revoked.
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