Current through Register Vol. 46, No. 12, March 20, 2024
(a) The Commissioner may decline to grant an
application for a license, may decline to renew or may revoke, suspend and/or
impose conditions thereon, if he or she finds, after due notice and an
opportunity to be heard, that the applicant or licensee:
(i) is not qualified to properly conduct the
business of growing hemp; or
(ii)
has committed any acts injurious to the public health or welfare that are
related to an issued grower license; or
(iii) is found to be growing cannabis
exceeding the acceptable hemp THC level with a culpable mental state greater
than negligence; or
(iv) has been
found to have been negligently violating the provisions of this Part three
times within a five-year period; or
(v) does not have adequate facilities,
equipment, or security to cultivate or handle hemp; or
(vi) has failed to prepare or keep required
records, after notice and failure to cure; or
(vii) has failed to submit all reports
required to be submitted by a licensee, after notice and failure to cure;
or
(viii) has made a material
misstatement in the application for license or in any statement or record made
or furnished to the Department; or
(ix) the applicant or any of an applicant's
key participants have been convicted of a felony under State or federal law
relating to a controlled substance, and the denial of such license is
permissible under the State law, or if the applicant or any of the applicant's
key participants have been convicted under State or federal law relating to a
controlled substance within the past ten years, except for those persons
lawfully growing hemp under the 2014 Farm Bill research program before December
20, 2018, and whose conviction occurred before December 20, 2018; or
(x) if a corporation, limited liability
company, or partnership, has a person therein, who is a key participant who was
responsible, in whole or in part, for any act for which a license may be
denied, not renewed, or revoked; or
(xi) is not capable of complying, or has
failed to comply, with the requirements set forth in this Part or is otherwise
incapable, or has failed to comply, with other legal requirements related,
directly or indirectly, to the growing of hemp; or
(xii) has grown or handled hemp outside the
authorization granted by its license or has engaged in processing other than
processing in connection with the growth and cultivation of hemp, retail sale
or other hemp related activity without a required license; or
(xiii) is seeking authorization for a person
whose license has been suspended, revoked, or who is otherwise ineligible to be
licensed as a grower; or
(xiv) is
seeking authorization to grow hemp on land that is currently an authorized
growing location for another licensee.
(b) An applicant receiving an adverse
determination with respect to a licensing decision may, within 30 days of the
date of the transmission of the determination, request a review of the decision
by submitting a written request for reconsideration, providing the basis for
the person's belief that the determination was in error. The Department shall
respond to the request for a review within 15 days of its receipt of the
request for a review.
