Current through Register Vol. 56, No. 18, September 16, 2024
(a) To apply for a
testing laboratory license, an applicant for such license shall access an
application form from the Commission's website at
http://www.nj.gov/cannabis and
shall submit the completed application online.
1. Application materials submitted to the
Commission pursuant to
N.J.S.A.
24:6I-18 and this section shall not be
considered public records pursuant to
N.J.S.A.
47:1A-1 et seq., or the common law concerning
access to government records.
(b) The applicant shall include in the
application, the following:
1. The legal name
of the license applicant applying for a license, a copy of the entity's
organizational documents and bylaws, evidence that the business entity is in
good standing with the New Jersey Department of the Treasury, and a
certificate, certified under the seal of the New Jersey State Treasurer, as to
the legal status of the business entity;
2. Documentation of a valid Business
Registration Certificate on file with the New Jersey Department of the
Treasury, Division of Revenue and Enterprise Services;
3. The mailing and physical addresses of the
proposed testing laboratory facility;
4. A list of the names, addresses, and dates
of birth of the testing laboratory applicant's owners, principals, and
employees, and disclosure of any affiliation with any ATC or cannabis business,
or any previous ownership of or employment with any ATC or cannabis business by
any of the individuals;
5. A list
of all individuals or business entities having direct or indirect authority
over the management or standard operating procedures of the testing laboratory
applicant;
6. A sworn statement
from each of the testing laboratory applicant's owners, principals, and
employees attesting that none of them currently hold any ownership or any
employment with any ATC or ATC applicant, or cannabis business or cannabis
business applicant;
7. Written
consent from each owner, principal, or employee of the testing laboratory
applicant to being fingerprinted for the purposes of undergoing a criminal
history record background check pursuant to
N.J.A.C.
17:30-7.12.
i. A testing laboratory applicant with an
owner, principal, or employee who refuses to consent to, or cooperate in, the
securing of a criminal history record background check shall not be considered
for a cannabis testing laboratory license, except that no criminal history
record background check shall be required for an owner, principal, or employee
of the testing laboratory applicant who completed a criminal history record
background check as a condition of current and active professional licensure or
certification, provided it was completed in the previous three calendar
years;
8. Evidence of ISO
17025 certification from an accreditation body that requires conformance by the
testing laboratory to the International Organization for Standardization (ISO)
and the International Electrotechnical Commission (IEC) general requirements
for the competence of testing and calibration laboratories (ISO/IEC 17025
standards), as they may be updated or revised, in order to ensure equipment is
routinely inspected, calibrated, and maintained;
9. A list of all accreditations,
registrations, and certifications held by the testing laboratory applicant,
including, but not limited to, from governing bodies, such as the Commission,
the New Jersey Department of Health, the New Jersey Department of Environmental
Protection, the New Jersey Department of Agriculture, other similar agencies in
other states, the U.S. Food and Drug Administration, or the U.S. Department of
Agriculture;
10. Evidence of
experience related to the testing activities associated with the license sought
and ability to comply with the requirements of this chapter and the
Act;
11. Certification from each of
the testing laboratory applicant's owners, principals, and employees stating
that they submit to the jurisdiction of the courts of the State of New Jersey
and agree to comply with all the requirements of the laws of the State of New
Jersey pertaining to the Commission;
12. An attestation signed by a bona fide
labor organization stating that the testing laboratory applicant has entered
into a labor peace agreement with such bona fide labor organization;
and
13. Any other information the
Commission deems relevant in determining whether to grant a license to the
applicant.
(c) The
applicant may include in the application a sworn statement from each owner,
principal, or employee of the testing laboratory applicant attesting that the
individual has not been convicted of any disqualifying conviction pursuant to
N.J.A.C.
17:30-7.12.
(d) The Commission may verify information
contained in each application and accompanying documentation by:
1. Contacting the applicant by telephone,
mail, or electronic mail;
2.
Conducting an on-site visit;
3.
Requiring a face-to-face meeting and the production of additional
identification materials if proof of identity is uncertain; and
4. Requiring additional information as the
Commission deems reasonably necessary to determine whether a license should be
granted.
(e) The
Commission shall approve a testing laboratory licensing applicant that:
1. Submits a sufficient application pursuant
to (b) above, that provides all requested information and presents only
truthful information;
2. Is
qualified for a testing laboratory license pursuant to
N.J.A.C.
17:30-18.3; and
3. Submits a testing laboratory license
application fee in accordance with
N.J.A.C.
17:30-7.17.
(f) The Commission shall issue a written
notice of its award decision to applicants.
(g) After the license applicant has completed
any necessary construction or preparation of the testing laboratory, the
license applicant shall request an onsite assessment.
(h) The Commission shall conduct an onsite
assessment of the testing laboratory and determine whether its premises,
operations, and procedures are consistent with its application, and compliant
with the Act and this chapter.
(i)
If the Commission determines compliance, it shall issue the testing laboratory
license to the license applicant.
(j) A license application the Commission
deems incomplete because of failure to address all applicable criteria and
measures, to provide requested information, or to present truthful information
in the application process shall be disqualified prior to a substantive review
of the submission, and such disqualification shall be considered a final agency
decision subject to judicial review pursuant to
N.J.A.C.
17:30-20.10.
(k) The Commission shall grant a license
applicant the opportunity to cure the deficiencies in a license application and
resubmit it.
(l) The Commission
shall provide notice to a denied license applicant in writing that:
1. Notice of the denial of the annual license
and the specific reason for the denial;
2. The filing fee shall be nonrefundable;
and
3. The opportunity to request
an administrative hearing with the Commission.
(m) An administrative hearing pursuant to (l)
above shall take place in the Office of Administrative Law in accordance with
the Administrative Procedure Act,
N.J.S.A.
52:14B-1 et seq., and 52:14F-1 et seq., and
the Uniform Administrative Procedures Rules, N.J.A.C. 1:1.
(n) The final denial of an application shall
be considered a final agency decision, subject to judicial review by, and of
which jurisdiction and venue for such review are vested in, the Appellate
Division of the Superior Court pursuant to
N.J.A.C.
17:30-20.10.
