Ala. Admin. Code r. 538-X-3-.14

Current through Register Vol. 42, No. 11, August 30, 2024

Section 538-X-3-.14 - Ineligibility For License

In addition to the provisions of § 20-2A-56 {b), Code of Ala. 1975, (as amended), setting forth the conditions under which an applicant shall be ineligible for license, the Commission also shall deem an applicant ineligible to receive a license for the following reasons:

(1) An owner, director, board member, or individual with a controlling interest in the Applicant has pled guilty to, been convicted of, or released from incarceration either in Alabama or in any other jurisdiction for, a felony, or other crime that would constitute a felony under the laws of Alabama within the past 10 years, or has in any jurisdiction pled guilty to or been convicted of a controlled substance-related misdemeanor (or other crime that would constitute a controlled substance-related misdemeanor under the laws of Alabama) within the past 10 years; provided, however, the Commission shall not consider any conviction overturned on appeal or any charge that has been expunged pursuant to Chapter 27 of Title 15 of the Code of Ala. 1975, (as amended).

(2) The Applicant has knowingly filed an application for a license under the Act and this Chapter that contains false information.

(3) An owner, director, board member, employee, agent, or other individual with an economic interest in the Applicant is a member of the Commission.

(4) The Applicant fails to demonstrate the ability to maintain adequate minimum levels of liability and casualty insurance or other financial guarantees for its proposed facility.

(5) The Applicant cannot provide records as described in § 20-2A-55(a)(10), Code of Ala. 1975, (as amended), indicating that a majority of the ownership of any Applicant is attributable to an individual or individuals with proof of residence in this state for a continuous period of no less than 15 years preceding the application date.

(6) For an Applicant seeking an integrated facility license or cultivator license, the Applicant cannot provide records described in § 20-2A-55(a)(11), Code of Ala. 1975, (as amended), indicating that a majority of ownership is attributable to an individual or individuals, or an entity or entities, with cumulative business experience in the field of commercial horticulture or agronomic production for a period of at least 15 years.

(7) The Applicant has failed to follow the instructions of the Commission in respect to filing its application or otherwise relating to the Act and this Chapter.

Ala. Admin. Code r. 538-X-3-.14

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 11, August 31, 2022, eff. 10/15/2022.

Author: William H. Webster

Statutory Authority:Code of Ala. 1975, §§ 20-2A-22, as amended.