Current through Register Vol. 47, No. 17, September 10, 2024
Basis and Purpose - 2135
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)(b),
44-50-203(1)(d),
44-50-203(1)(e),
44-50-203(1)(n),
44-50-203(2)(a),
and 44-50-203(2)(l),
C.R.S. The purpose of this rule is to provide clarity on disqualifying factors
that may result in the denial of an Applicant's Natural Medicine Handler or
Owner License application.
A. A
License provided by this article shall not be issued to or held by:
1. A person until the fee therefore has been
paid;
2. An individual whose
criminal history, as described in subparagraph B of this Rule, indicates that
he, she, or they should not hold a license;
3. An entity other than an individual if the
criminal history of any of its Owners, as described in subparagraph B of this
Rule, indicates that an Owner should not hold a license;
4. A person under 21 years of age;
5. A person licensed pursuant to the Natural
Medicine Code who, during a period of licensure, or who, at the time of
application, has failed to:
a. Timely file any
tax return with a taxing agency related to a Natural Medicine
Business;
b. Timely pay any taxes,
interest, or penalties due as determined by final agency action related to a
Natural Medicine Business; or
c.
Timely cure any tax deficiencies related to a Natural Medicine
Business.
6. A person who
fails to meet qualifications for licensure that directly and demonstrably
relate to the operation of a Natural Medicine Business;
7. A publicly traded company;
8. A person the State Licensing Authority has
determined the Applicant willfully disregarded regulatory warnings or actions
related to unlawful marketing, manufacturing, or sale of Natural Medicine or
has been ordered by a Court to discontinue unlawful marketing, manufacturing,
or sale of Natural Medicine;
9. A
person against whom there is evidence of commercial sale or advertising the
commercial sale of Natural Medicine or Natural Medicine Product; or
10. A person who previously held a license
from either the Department of Revenue or the Division of Professions and
Occupations that has been denied or revoked in the previous three
years.
B.
Criminal History. A License may not be issued to or
held by an individual who has been convicted of a felony in the preceding 3
years, or is subject to a sentence for a felony conviction, or is subject to a
deferred judgment or sentence for a felony conviction, for any of the following
charges:
1. A criminal sexual act;
2. Criminal fraud or embezzlement;
3. Aggravated assault;
4. Aggravated abuse, neglect, or endangerment
of a child or an at-risk person;
5.
Aggravated robbery;
6.
Arson;
7. Manslaughter, homicide,
or murder;
8. A violation of the
Racketeer Influenced and Corrupt Organizations Act (RICO) or Colorado Organized
Crime Control Act (COCCA); or
9. A
conviction for the unlawful manufacturing with an inherently dangerous
substance or commercial sale of any Natural Medicine related conduct after
2023.
