Current through Register Vol. 47, No. 17, September 10, 2024
Basis and Purpose - 2130
The statutory authority for this rule includes but is not
limited to sections
44-50-104(2),
44-50-202(1)(b),
44-50-203(1)(a),
44-50-203(1)(b),
44-50-203(1)(c),
44-50-203(1)(d),
44-50-203(2)(a),
and 44-50-302(1)
-(2), C.R.S. The purpose of this rule is to establish license renewal
application requirements for a Licensee to renew their license with the
Division and State Licensing Authority, including the circumstances under which
an expired license may be reinstated.
A.
License Periods.
1. All Natural Medicine Business Licenses are
valid for one year from the date of issuance.
2. All Owner Licenses are valid for one year
from the date of issuance.
3. All
Natural Medicine Handler Licenses are valid for one year from the date of
issuance.
B.
Division Notice Prior to Expiration.
1. The Division will send a notice of License
renewal 90 days prior to the expiration of an existing License to the
electronic mail address on file, unless the Licensee requests first class mail
to the physical address of record.
2. Failure to receive the Division
notification does not relieve the Licensee of the obligation to timely renew a
license.
C.
Renewal Deadline.
1.
A Licensee must apply for the renewal of an existing License prior to the
License's expiration date.
2. A
renewal application submitted to the Division prior to the License's expiration
date shall be deemed timely pursuant to section
24-4-104(7),
C.R.S., and the Licensee may continue to operate until Final Agency Order on
the renewal application.
D.
If License Not Renewed Before
Expiration. A License is immediately invalid upon expiration if
the Licensee has not filed a renewal application and remitted all of the
required application and license fees prior to the license expiration date.
Natural Medicine Handler Licensees and Owner Licensees whose License expires
must reapply for a new License. A Natural Medicine Business that fails to file
a renewal application and remit all required application and license fees prior
to the License expiration date must not operate until the State Licensing
Authority issues a new License pursuant to Rule 2115.
1.
Reinstatement of Expired
Natural Medicine Business License. A Natural Medicine Business
that fails to file a renewal application and remit all required application and
license fees prior to the License expiration date may request that the State
Licensing Authority reinstate an expired License only in accordance with the
following:
a. The Natural Medicine Business
License expired within the previous 30 days;
b. The Natural Medicine Business License has
submitted an initial application pursuant to Rule 2110. The initial application
must be submitted prior to, or concurrently with, the request for
reinstatement; and
c. The Natural
Medicine Business has paid the reinstatement fee in Rule
2005.
2.
Reinstatement Not Available. The Division will not
accept a request for reinstatement for:
a. A
Natural Medicine Business License that was surrendered or revoked;
b. An Owner License, regardless of whether
expired, surrendered, or revoked; or
c. A Natural Medicine Handler License,
regardless of whether expired, surrendered, or revoked.
3.
Denial of Request for
Reinstatement or Administrative Action. If the Licensee requesting
reinstatement of a Natural Medicine Business License operated during a period
that the License was expired, the request may be subject to denial and the
Licensee may be subject to administrative action as authorized by the Natural
Medicine Code or these Rules.
4.
Approval of Request for Reinstatement. Upon approval
of any request for reinstatement of an expired Natural Medicine Business
License, the Licensee may resume operations until the agency action on the
Licensee's initial application for a Natural Medicine Business License.
a. Approval of a request for reinstatement of
an expired Natural Medicine Business License does not guarantee approval of the
Natural Medicine Business Licensee's initial application; and
b. Approval of a request for reinstatement of
an expired License does not waive the State Licensing Authority's authority to
pursue administrative action on the expired License or initial application for
a Natural Medicine Business License.
5.
Final Agency Order on Initial
Application for Natural Medicine Business License.
a. If the initial application for a Natural
Medicine Business License submitted pursuant to this Rule is approved, the new
Natural Medicine Business License will replace the reinstated
License.
b. If the initial
application for a Natural Medicine Business License submitted pursuant to this
Rule is denied, the Licensee must immediately cease all operations including
but not limited, transfer of Regulated Natural Medicine and Regulated Natural
Medicine Product.
E.
Voluntarily Surrendered or
Revoked Licenses Not Eligible for Renewal. Any License that was
voluntarily surrendered or that was revoked by a Final Agency Order is not
eligible for renewal. Any Licensee who voluntarily surrendered its License or
has had its License revoked by a Final Agency Order may submit an initial
application for a new License in accordance with these Rules and any terms of
the Final Agency Order. The State Licensing Authority will consider the
voluntary surrender or the Final Agency Order and all related facts and
circumstances in determining approval of any subsequent initial
application.
F.
Licenses Subject to Ongoing Administrative Action.
Licenses subject to an administrative action are subject to the requirements of
this Rule. Licenses that are not timely renewed expire and cannot be
renewed.
G.
Natural
Medicine Handler License & Owner License Renewal Process.
1. Upon submission of a Natural Medicine
Handler License renewal application or an Owner License renewal application,
the Applicant must demonstrate:
a. The
Applicant has not failed to comply with a court or administrative order for
current child support, child support debt, retroactive child support, or child
support arrearages. If the Division receives notice of the Applicant's
noncompliance pursuant to sections
24-35-116 and
26-13-126, C.R.S., the application
may be denied or delayed until the Applicant has established compliance with
the order to the satisfaction of the state child support enforcement
agency.
b. The Applicant is
qualified to hold a License in accordance with Rule 2140.
2. An Owner Licensee must also demonstrate
they he, she, or they have timely filed tax returns, timely paid all taxes, and
timely cures any tax deficiencies related to a Natural Medicine
Business
H.
Natural Medicine Business - Documents Required at
Renewal. A Natural Medicine Business must provide the following
documents with every renewal application:
1.
Any document required by Rules 2125 and 2140 that has changed since the
document was last submitted to the Division;
2. A copy of complete and accurate floor
plans, if they changed since initial submission required in Rules 5005, 6005,
7005, and 8005.
3. Confirmation
that the Applicant is complying with all Local Jurisdiction
requirements;
4. A list of any
sanctions, penalties, assessments, or cease and desist orders imposed by any
regulatory agency or Local Jurisdiction;
5. Any document required by Rule 5005 or 5015
regarding a Natural Medicine Cultivation Facility's cultivation tier.
6. A Healing Center Licensee must submit
Administration Session logs required in Rule 8035(C) at each renewal.
7. A Natural Medicine Business operating
under a single entity name with more than one License may submit the following
documents only once each calendar year on the first License renewal in lieu of
submission with every License renewal in the same calendar year:
a. Tax documents and financial statements
required by Rule 2125;
b.
Documentation of all financial interests that are required to be disclosed by
Rule 2140.
8. A Natural
Medicine Business shall, as a component of a renewal application, submit a
status update to their ESG criteria, documenting any ESG accomplishments,
initiatives, or metrics. In addition, licensees should detail any changes in
their plans and strategic, measurable, achievable, realistic and time bound
(SMART) goals concerning the Licensee's ESG criteria for the forthcoming
renewal period. Failure to submit a status update to an ESG criteria could
result in license recission or renewal denial.
