Section 1000.130 Permit Renewal

Section

1000.130  Permit Renewal

a)         Every cultivation

center permit, agent and agent-in-charge identification card issued by the

Department under the Act and this Part shall expire annually on the date it was

issued.

b)         Every renewal

application for a permit, agent or agent-in-charge identification card issued

pursuant to this Part and accompanied by the proper fees (see Section 1000.140)

shall be filed annually with the Department at least 45 calendar days prior to

the date the existing permit

or registration

expires.

c)         The Department shall

send written notification of expiration to each permitted cultivation center at

least 90 days prior to expiration.  However, failure to receive a renewal form

from the Department shall not excuse the cultivation center from paying the

renewal fee or renewing the permit prior to its expiration.  Except as allowed

by subsection (e), production, sales and delivery of medical cannabis on an

expired permit is not permitted and is grounds for imposition of discipline.

d)

The Department

shall grant a renewal application within 45 days

after

its submission if

the following conditions are satisfied:

1)

the registered

cultivation center submits a renewal application and the required renewal fee;

and

2)

the Department

of Agriculture has not suspended the registration of the cultivation center or

suspended or revoked the registration for violation of the Act or

this Part

.

(Section 90 of the Act)

e)         Failure to renew

prior to the expiration date of the applicable permit or agent or

agent-in-charge identification card shall result in the permit or

identification card being suspended for a maximum of 30 days, after which the

permit, if not renewed, will be deemed expired. During the suspension, the

cultivation center shall not sell or deliver any cannabis or cannabis-infused

product

Failure to renew

prior to the expiration date of the applicable permit or agent or

agent-in-charge identification card shall result in the permit or

identification card being suspended for a maximum of 30 days, after which the

permit, if not renewed, will be deemed expired. During the suspension, the

cultivation center shall not sell or deliver any cannabis or cannabis-infused

product.

f)         If a renewal

application and all applicable fees are not submitted to the Department at

least 30 calendar days after the expiration of the permit

or identification card, the permit

or identification card shall not be eligible for

renewal, and the applicant shall cease and desist from all production, sale and

delivery activities.

1)         If a permit renewal

application and all applicable fees are not submitted to the Department at

least 30 calendar days after the expiration of the permit, the Department shall

accept applications for cultivation center permits in the applicable State

Police District in accordance with Sections 1000.100 and 1000.110.

2)         The cultivation

center shall dispose of all medical cannabis in its possession in accordance

with Section 1000.460.

g)         Upon request for

renewal, the Department shall consider the permittee's history of compliance

with requirements of the Act and this Part, the number and severity of any

violations and the correction of those violations, as well as penalties or

fines imposed or any other enforcement actions.

h)         The Department may

deny a renewal after consideration of the permittee's history of compliance.