California Code of Regulations
Title 3 - Food and Agriculture
Division 8 - Cannabis Cultivation
Chapter 3 - Ocal Program
Article 6 - Certification of Operations
Section 10505 - Denial of Certification

Universal Citation: 3 CA Code of Regs 10505

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) When the registered certifying agent has reason to believe, based on a review of the information specified in section 10502 or 10504 of this chapter, that the applicant for certification is not able to comply or is not in compliance with the requirements of this chapter, the registered certifying agent shall provide a written notification of non-compliance to the applicant. When correction of a notice of non-compliance is not possible, a notification of non-compliance and a notification of denial of certification may be combined in one notification. The notification of non-compliance shall provide:

(1) A description of each non-compliance;

(2) The facts upon which the notification of non-compliance is based; and

(3) The date by which the applicant shall rebut or correct each non-compliance and submit supporting documentation of each such correction when correction is possible.

(b) Upon receipt of such notification of non-compliance, the applicant may:

(1) Correct non-compliances and submit a description of the corrective actions taken, with supporting documentation, to the registered certifying agent;

(2) Correct non-compliances and submit a new application to another registered certifying agent and include, with the completed application, the notification of non-compliance received from the first registered certifying agent and a description of the corrective actions taken along with supporting documentation; or

(3) Submit written information to the issuing registered certifying agent to rebut the non-compliance described in the notification of non-compliance.

(c) After issuance of a notification of non-compliance, the registered certifying agent shall:

(1) Evaluate the applicant's corrective actions taken and supporting documentation submitted or the written rebuttal, conduct an on-site inspection if necessary, and
(A) When the corrective action or rebuttal is sufficient for the applicant to qualify for certification, issue the applicant an approval of certification pursuant to section 10504 of this chapter, or

(B) When the corrective action or rebuttal is not sufficient for the applicant to qualify for certification, issue the applicant a written notice of denial of certification.

(2) Issue a written notice of denial of certification to the applicant who fails to respond to the notification of non-compliance.

(3) Provide notice of approval or denial to the department.

(d) A notice of denial of certification shall state the reason(s) for denial and the applicant's right to:

(1) Reapply for certification pursuant to sections 10501 and 10505(e) of this chapter;

(2) Request mediation pursuant to section 10704 of this chapter;

(3) File an appeal of the denial of certification pursuant to section 10706 of this chapter.

(e) The applicant for certification who has received a written notification of non-compliance or a written notice of denial of certification may apply for certification again at any time with any registered certifying agent pursuant to section 10501 of this chapter. When such applicant submits a new application to the registered certifying agent other than the agent who issued the notification of non-compliance or notice of denial of certification, the applicant for certification shall include a copy of the notification of non-compliance or notice of denial of certification and a description of the actions taken, with supporting documentation, to correct the non-compliances noted in the notification of non-compliance.

(f) The registered certifying agent that receives a new application for certification, which includes a notification of non-compliance or a notice of denial of certification, shall treat the application as a new application and begin a new application process pursuant to section 10501 of this chapter.

(g) Notwithstanding paragraph (a) of this section, if the registered certifying agent has reason to believe that the applicant for certification has willfully made a false statement or otherwise purposefully misrepresented the applicant's operation or its compliance with the certification requirements pursuant to this chapter, the registered certifying agent may deny certification pursuant to paragraph (c)(1)(B) of this section without first issuing a notification of non-compliance.

1. New section filed 7-14-2021; operative 7-14-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 29).

Note: Authority cited: Sections 26012 and 26013, Business and Professions Code. Reference: Sections 26013, 26062 and 26062.5, Business and Professions Code.

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