Current through all regulations passed and filed through September 16, 2024
(A)
A provisional license issued pursuant to this rule is
nontransferable.
(B)
A certificate of operation shall be issued for the
specific testing laboratory and location identified on the application, and is
valid only for the owner, premises, and name designated on the certificate of
operation, and the location for which it is issued. A certificate of operation
may only be transferred or assigned if the department determines that the
proposed ownership or location change meets all the requirements of this
division and Chapter 3796. of the Revised Code and the following requirements
are met:
(1)
Upon any request for a change in ownership, the testing
laboratory shall:
(a)
Notify the department in writing of the proposed
ownership change;
(b)
Facilitate the submission of both an Ohio bureau of
criminal identification and investigation criminal records check and a federal
bureau of investigation criminal records check pursuant to division (B) of
section 3796.12 of the Revised
Code;
(c)
Demonstrate to the department that the person acquiring
the interest meets the requirements under rules
3796:4-1-02
and
3796:4-1-03
of the Administrative Code and that the testing laboratory will remain in
compliance with its application for a provisional license, Chapter 3796. of the
Revised Code, and the rules promulgated in accordance with Chapter 3796. of the
Revised Code, under the proposed ownership structure; and
(d)
Submit a new
application in accordance with rule
3796:4-1-02
of the Administrative Code if the transfer of ownership would result in a new
controlling shareholder or shareholders outside of the current ownership
structure approved by the department. For purposes of calculating a controlling
interest, the department will consider all transfers of ownership that occur in
a given calendar year and calculate such transfers in the
aggregate.
(2)
Upon a request for a change in location, a testing
laboratory shall:
(a)
Notify the department in writing of the proposed
location change;
(b)
Submit plans and specifications for the new facility in
accordance with rule
3796:4-1-02
of the Administrative Code; and
(c)
Demonstrate to
the department that the new location meets the applicable requirements of rule
3796:4-1-02
of the Administrative Code and that the testing laboratory will remain in
compliance with Chapter 3796. of the Revised Code and the rules promulgated in
accordance with Chapter 3796. of the Revised Code at the new
location.
(C)
A testing
laboratory requesting a change in ownership or location shall submit the
applicable fee under rule
3796:5-1-01 of the
Administrative Code. A proposed change in ownership or request for a change in
location shall not be effective until approved in writing by the
department.
(D)
A testing laboratory receiving approval from the
department for a change in location shall have ninety days from the date of
approval, unless an extension is granted at the discretion of the department,
to transfer samples and begin operations at the new location, subject to the
following restrictions:
(1)
The transition period shall not begin until the new
location is ready to begin testing and has passed an inspection by the
department under rule
3796:4-3-01
of the Administrative Code.
(2)
No medical
marijuana samples may be transferred to or tested at the new location prior to
the beginning date of the approved transition period.
(3)
Any medical
marijuana samples at the original location past the ninety-day transition
period shall be destroyed in accordance with rule
3796:4-2-06
of the Administrative Code.
(4)
The testing
laboratory shall notify the department in writing or by electronic transmission
once the transfer of medical marijuana sample inventory is complete and testing
has begun at the new location.
(E)
Upon inspection
and verification by the department that the new location is in compliance with
Chapter 3796. of the Revised Code and the rules promulgated in accordance with
Chapter 3796. of the Revised Code, the department shall issue a license
modification reflecting the new location. The modified license shall have the
same expiration date as the previously issued license.
