Current through Register Vol. 56, No. 18, September 16, 2024
(a) The
Commission may revoke a cannabis business or testing laboratory license for
cause in the following circumstances:
1. The
cannabis business or testing laboratory has failed to comply with
administrative requirements related to its license, posing an immediate and
serious risk of harm or actual harm to the health, safety, or welfare of
consumers, the public, or personnel, and the cannabis business or testing
laboratory has not corrected such violations in accordance with an approved
plan of corrective action or subsequent to imposition of other enforcement
actions issued pursuant to this chapter;
2. The cannabis business or testing
laboratory has exhibited a pattern and practice of violating the requirements
of this chapter, posing a serious risk of harm to the health, safety, or
welfare of consumers, the public, or personnel.
i. A pattern and practice may be demonstrated
by the repeated violation of identical, or substantially related, license
standards during three onsite assessments or the issuance of civil monetary
penalties pursuant to the Act or other enforcement actions for unrelated
violations on three or more onsite assessments; or
3. Failure of a cannabis business or testing
laboratory to correct identified violations that led to the issuance of an
order for summary suspension of a license.
(b) Upon a finding described at (a) above,
the Commission, or the Commission's designee, shall serve written notice by
certified mail to the cannabis business or testing laboratory or its license
holder representative of the nature of the findings and violations and the
proposed order of revocation.
(c)
The license holder has a right to request an adjudicatory hearing pursuant to
the Administrative Procedure Act,
N.J.S.A.
52:14B-1 et seq., and 52:14F-1 et seq., to
contest the Commission's notice of proposed revocation pursuant to (b) above
within 48 hours of receipt of such notice.
(d) If the license holder requests an
adjudicatory hearing pursuant to (c) above, the Commission shall arrange for an
immediate hearing to be conducted by the Commission and a final agency decision
shall be issued after the hearing by the Commission.
1. If the Commission affirms the proposed
revocation of the license, the order of revocation shall become
final.
2. The license holder may,
pursuant to
N.J.A.C.
17:30-20.10, apply for injunctive relief
against the Commission's final order of revocation in the New Jersey Superior
Court, Appellate Division.
3. The
Commission may rescind the order for revocation upon a finding that the license
holder has corrected the conditions that were the basis for the action within
the time period specified for corrective action.
