New Jersey Administrative Code
Title 17 - TREASURY - GENERAL
Chapter 30 - PERSONAL USE CANNABIS RULES
Subchapter 18 - LICENSING OF TESTING LABORATORIES
Section 17:30-18.3 - Testing laboratory license qualification
Universal Citation: NJ Admin Code 17:30-18.3
Current through Register Vol. 56, No. 18, September 16, 2024
(a) A license applicant shall provide the Commission with a complete disclosure that includes all true parties of interest.
1. The license applicant or license
holder shall not attempt to conceal or disguise ownership or other control over
its operations in its submissions.
(b) The Commission shall determine that a license applicant or license holder is qualified to hold a testing laboratory license where:
1. Each owner, principal,
employee, or volunteer of a testing laboratory license applicant or license
holder has submitted a criminal history background check pursuant to N.J.A.C.
17:30-7.12 or is excused from doing so pursuant to
N.J.A.C.
17:30-18.2(b)7 i;
2. No owner, principal, employee, or
volunteer of a testing laboratory license applicant or license holder has a
disqualifying conviction pursuant to
N.J.A.C.
17:30-7.12(d) without
evidence of rehabilitation pursuant to
N.J.A.C.
17:30-7.12(e);
3. Each owner and principal of the testing
laboratory license applicant or license holder is eligible to be an owner or
principal, respectively, of the license applicant or license holder in
accordance with
N.J.A.C.
17:30-6.8;
4. For each person requesting a determination
of qualification as part of a license applicant or license holder, the license
applicant or license holder has paid a background investigation fee pursuant to
N.J.A.C.
17:30-7.17; and
5. The license applicant and its owners and
principals do not:
i. Create a danger to the
public health, safety, and general welfare of the State;
ii. Distribute marijuana to minors;
iii. Share revenue with a gang or
cartel;
iv. Divert marijuana from
personal use or cannabis states to other states;
v. Engage in trafficking of controlled
substances or other illegal activity; or
vi. Engage in violence or the use of firearms
as part of testing laboratory operations.
(c) The Commission shall determine that a license applicant or license holder is not qualified to hold a license where the license applicant or license holder:
1.
Does not meet the requirements at (b) above;
2. Fails to provide information,
documentation, and assurances as required at
P.L.
2021, c.
16(N.J.S.A. 24:6I-31 et
seq.), or this subchapter or as requested by the Commission, including failure
to provide a required criminal history record background check or to cooperate
with the Commission in its investigation;
3. Fails to reveal any material fact
pertaining to qualification; or
4.
Supplies information that is untrue or misleading as to a material fact
pertaining to the qualification criteria for a testing license.
(d) If a person is determined to be disqualified, such disqualification shall be considered a final agency action subject to judicial review pursuant to N.J.A.C. 17:30-20.10, and the Commission shall provide the determination to the person in writing, which shall include:
1. Notice of the determination of
disqualification, including when disqualification is due to a disqualifying
conviction pursuant to
N.J.A.C.
17:30-7.12 d) or the determination of the
absence of sufficient evidence of rehabilitation pursuant to
N.J.A.C.
17:30-7.12(e);
2. The specific reason for the
disqualification, including any conviction that constitutes the basis for the
disqualification pursuant to
N.J.A.C.
17:30-7.12(d) and
3. Information about appeal rights pursuant
to N.J.A.C. 17:30-20.10.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
