Section 1290.40 Dispensing Organization Authorization Process

Section 1290.40  Dispensing Organization Authorization

Process

a)         The

Division shall review applications and issue authorizations according to the

requirements of the Act and this Part.

1)         An

applicant shall file an application with the Division for authorization to

register a dispensing organization.

2)         Applications

for authorizations shall be made on forms furnished by the Division. The

application shall be signed by all principal officers certifying under penalty

of perjury that all information contained in the application is true and

accurate.

3)         An

applicant is limited to one application for authorization per District.

4)         The

instructions on the application will reflect the total maximum number of points

available for each required criteria and bonus point category. The instructions

and application will also identify the minimum number of points necessary from

the required criteria to be eligible for consideration of the bonus point categories.

All applications will be reviewed and points awarded based upon the same point

system in a fair and unbiased manner.

5)         An

applicant may submit separate applications for authorization in up to five

Districts.

6)         Each

application requires one application fee (see Section 1290.80).  Applications

for authorization will be scored in five required categories.  Should the

applicant meet the minimum percentage in the five required categories, it may

be eligible to be scored in the bonus category. The required five

categories and the bonus category will be scored based on the following point

structure:

A)        The

suitability of the proposed dispensary category is 150 points.

B)        The

business and operation plan category is 200 points.

C)        The security

plan category is 200 points.

D)        The

recordkeeping and inventory plan category is 200 points.

E)        The

financial disclosure category is 150 points.

F)         The

bonus category is 100 points

llowing point

structure:

A)        The

suitability of the proposed dispensary category is 150 points.

B)        The

business and operation plan category is 200 points.

C)        The security

plan category is 200 points.

D)        The

recordkeeping and inventory plan category is 200 points.

E)        The

financial disclosure category is 150 points.

F)         The

bonus category is 100 points.

7)         If

submitting an application in more than one District, the applicant shall

identify the Districts it has applied in or Districts where it is registered.

8)         Each

applicant must submit to and qualify through a fingerprint-based criminal

history records check as set forth in Section 1290.230.

9)         The

Division shall review each application to determine whether it meets the

minimum criteria and shall determine qualified applicants.

10)        The

Division may consider the location of a proposed dispensary relevant to other

proposed or existing dispensaries, in the same or adjacent Districts, to ensure

that dispensaries are geographically dispersed.

11)        If

the Division determines that the number of qualified applicants exceeds the

number of authorizations available, the Division will select the most qualified

applicant in that District using the selection process established in Section

1290.60.

12)         Qualified

applicants chosen through the selection process will receive an authorization

issued by the Division.

13)        If

the Division determines that a District has no qualified applicants or fewer

qualified applicants than authorized registrations, the Division shall post a

notification on the Division's website detailing the dates of the next open

application period.

14)        No

person or entity shall have a financial interest in more than five registrations

or hold itself out as an owner of more than five registrations.  No person

shall be a principal officer in more than five registered dispensing organizations

rized registrations, the Division shall post a

notification on the Division's website detailing the dates of the next open

application period.

14)        No

person or entity shall have a financial interest in more than five registrations

or hold itself out as an owner of more than five registrations.  No person

shall be a principal officer in more than five registered dispensing organizations.

If a qualified applicant has been granted more than five authorizations or registrations

by the Division, the applicant shall promptly notify the Division.

15)        If

a dispensing organization's registration is void or invalid for any reason,

including but not limited to revocation, suspension or nonrenewal, the Division

will post a notification on the Division's website detailing the dates of the

next open application period.

b)         Upon

receipt of the authorization notice, the applicant may submit for registration

approval.