Current through Register Vol. 63, No. 9, September 1, 2024
(1) Once the
Commission has determined that an application is complete it must review the
application to determine compliance with ORS Chapter 475C and these
rules.
(2) The Commission:
(a) Must receive a land use compatibility
statement from the city or county that authorizes land use in the city or
county in which the applicant's proposed premises is located prior to acting on
an application for a new license, a change to a larger producer canopy
designation, a change to producer cultivation method designation or change in
processor endorsement type.
(b)
May, in its discretion, prior to acting on an application:
(A) Contact any applicant or individual with
a financial interest and request additional documentation or information;
and
(B) Verify any information
submitted by the applicant.
(3) The requirements of section (2)(a) of
this rule do not apply to applicants for a producer license if the applicant
demonstrates in a form and manner specified by the Commission that:
(a) The applicant is applying for a license
at an address where a marijuana grow site registered under ORS
475C.792 is located;
(b) The address is outside of city
limits;
(c) At least one person
responsible for a marijuana grow site located at the address first registered
with the Authority under ORS
475C.792 before January 1, 2015,
and was registered with the Authority under ORS
475C.792 on the date on which
the applicant submitted the application for a producer license;
(d) Each person responsible for a marijuana
grow site located at the address first registered with the Authority under ORS
475C.792 before February 1, 2016
and was registered with the Authority under ORS
475C.792 on the date on which
the applicant submitted the application for a producer license; and
(e) The applicant is applying for a mature
marijuana plant grow canopy of:
(A) 5,000
square feet or less, if the marijuana is produced outdoors; or
(B) 1,250 square feet or less, if the
marijuana is produced indoors.
(4) For purposes of section (3) of this rule
an applicant for a license under ORS
475C.065 is not required to
demonstrate that:
(a) At least one person
responsible for a marijuana grow site located at the address for which the
applicant is applying for a license was continuously registered with the
Authority under ORS 475C.792 between January 1,
2015, and the date on which the applicant applies for a producer license;
or
(b) Each person responsible for
a marijuana grow site located at the address for which the applicant is
applying for a license has been continuously registered with the Authority
under ORS 475C.792 between February 1,
2016, and the date on which the applicant applies for a producer
license.
(5) The
Commission may require an inspection of the proposed premises prior to issuing
a license.
(6) If during an
inspection as described in (5) of this rule, the Commission determines the
applicant is not in compliance with these rules, the applicant will be provided
with a notice of the failed inspection and the requirements that have not been
met."
(a) An applicant that fails an
inspection will have 30 calendar days from the date the notice was sent to
submit a written response that demonstrates the deficiencies have been
corrected.
(b) An applicant may
request in writing one extension of the 30-day time limit in subsection (a) of
this section, not to exceed 45 days.
(7) If an applicant does not submit a timely
plan of correction or if the plan of correction does not correct the
deficiencies in a manner that would bring the applicant into compliance, the
Commission may deny the application.
(8) If the plan of correction appears, on its
face, to correct the deficiencies, the Commission will schedule another
inspection.
(9) If an applicant
fails a second inspection, the Commission may deny the application unless the
applicant shows good cause for the Commission to perform additional
inspections.
Statutory/Other Authority: ORS
475C.017 &
475C.033
Statutes/Other Implemented: ORS
475C.037,
475C.049,
475C.053 &
475C.069
