The following special procedures shall apply to all license applications that both (1) were subject to an administrative stay issued by the Commission on August 31, 2023, or the Temporary Restraining Order as referenced in orders issued by the Montgomery County Circuit Court dated August 21, 2023, August 30, 2023, and September 11, 2023; and (2) are, or become, subject to an award of license by the Commission on or after the effective date of this Rule.
Notwithstanding any other provision of the Commission's Rules:
1. Applicants whose applications were deemed submitted by the Commission but, because of file size limitations in the application portal, were either (i) unable to submit all or portions of exhibits associated with such application; or (ii) required to submit exhibits that were compressed, truncated or otherwise distorted, shall be permitted to submit, within ten (10) business days after the date on which any such applicant becomes subject to an award of license by the Commission, a full copy (PDF via USB flash drive) of such exhibits to the Commission along with the following sworn statement: STATE OF
COUNTY OF
CERTIFICATION
I hereby attest and certify that:
1. I am [insert name]. I am [insert position] of [insert applicant name] (hereafter the "Applicant") and am authorized to submit this certification on its behalf. I have knowledge of the facts set forth in this certification.2. The Applicant attempted in good faith to submit the exhibits listed below on or before the application deadline of December 30, 2022 but, because of file size limitations in the application portal, was either (i) previously not submitted; or (ii) compressed, truncated or otherwise distorted: [insert description of exhibits]
3. For each exhibit listed above, I have attached a true and correct copy of metadata confirming (a) the date and time of such exhibit's creation and modification, reflecting the existence of such exhibit as of the application deadline; and (b) that such exhibits have not been altered since such date. SIGNED this the _____day of _______________, 202_.
[insert name]
SWORN TO and subscribed before me on this the _____day of _______________, 202_.
_______________________________ NOTARY PUBLIC
My Commission Expires:
[SEAL]
2. After submission of full copies of any exhibits referenced in Paragraph 1 above, the Commission shall make available to the public copies of all application materials for each applicant. The application materials so disclosed shall be in unredacted form, except for (a) personally identifiable information and (b) trade secrets or competitively sensitive information. Information bearing on the financial ability of the applicant shall generally not be deemed competitively sensitive information for this purpose, however, nothing in this paragraph shall require disclosure of information obtained by the Commission from third parties and exempt from the Open Records Act under Ala. Code § 20-2A-55(c) and (d). Applicants which have previously submitted a public copy of their application with redactions not permitted under this paragraph shall submit a new redacted copy (PDF via USB flash drive) to assist the agency staff with publication requirement within ten (10) business days after the date on which any applicant becomes subject to an award of license by the Commission, and the agency staff reserves the right to make further revisions to the redactions as required to meet the requirements of this paragraph. The Commission shall follow the procedure set forth in Ala. Code § 20-2A-56(a) regarding this information and the submission and receipt of public comment and shall permit additional public comments to be filed within thirty (30) days after the date on which any applicant becomes subject to an award of license by the Commission.3. The Commission will provide notice to all applicants who are preliminarily determined to have failed one or more pass/fail items under Ala. Code § 20-2A-56(b) and Ala. Admin. Code § 538-x-3-.14, and any such applicant shall have ten (10) business days to show cause, through a written submission, as to why their application should not be rejected due to such pass/fail item(s).4. Each Applicant will be given an opportunity, but not the obligation, to address their application and to answer questions from the Commissioners or the Commission staff, subject to the following time limitations: License Category | Individual Time Limitation |
Integrated Facility | 45 Minutes |
Cultivator | 20 Minutes |
Secure Transporter | 20 Minutes |
State Testing Laboratory | 20 Minutes |
Processor | 20 Minutes |
Dispensary | 20 Minutes |
The presentations will be scheduled by the Commission, to be conducted not earlier than thirty (30) days after the date on which any applicant becomes subject to an award of license by the Commission. The presentations shall be open to the public. Those participating in the presentations on behalf of the applicant must be physically present at the meeting site designated by the Commission, however, members of the Commission may observe and ask questions in person or by virtual means. As part of such presentation, and without extending the time limitation provided herein, Applicants may present video evidence or a written brief, not exceeding 20 pages, regarding the applicant's existing or proposed facilities and other matters identified in their application. (Example: An applicant who is allowed 20 minutes for a presentation and who has submitted a 10-minute video will be permitted, at the presentation, to show the video and make a 10-minute live presentation.) Any such video evidence or written brief shall be submitted to the Commission at least five (5) business days in advance of the applicant's scheduled presentation. Applicants presenting a video must submit the video via USB flash drive. Applicants presenting a written brief must submit an original electronic version (PDF via USB flash drive) and twenty (20) hard copies. The presentation sessions shall be managed by the Commission's Chair or his or her designee, who may extend the time limitations as needed to accommodate questions from Commissioners. Each applicant making a presentation shall be responsible for the cost for the court reporter and preparation of a transcript of their presentation and question and answer session. Presentation sessions may be videotaped to be available for later review by Commissioners.
5. As soon as practicable after the presentations are completed for an individual license category, the Commission will conduct a meeting to deliberate and award licenses in such license category. In order to determine the order in which Applicants should be considered, each Commissioner will be given an opportunity to submit, in an open meeting, a written form providing an overall preliminary rank, in descending order, of each of the Applicants in the license category, giving due consideration to all statutory and regulatory criteria. Such forms shall be tabulated and averaged by the Commission staff and used solely to determine the order in which individual Applicants are subsequently considered. In those instances where two or more applicants receive identical average rankings, the order shall be determined by a drawing. The Chair will call for a motion to approve or deny each application in the order established above. Following such motion, duly seconded, the Chair will provide an opportunity for further deliberations and a vote.6. The Applicant has the sole responsibility to ensure proper and timely submission of any form, document, video, or other item submitted to the Commission pursuant to the provisions of this rule. Any form, document, video, or other item submitted to the Commission pursuant to the provisions of this rule shall be mailed or hand-delivered to the Commission at the address provided below. Alabama Medical Cannabis Commission
RSA Dexter Avenue Building
445 Dexter Avenue, Suite 8040
Montgomery, AL 36104
7. If any provision of this Rule, as amended, or the application of such provision or amendment to any person or circumstance is invalidated by a Court, the remainder of this Rule, as amended, and the application of the provisions of such to any person or circumstance shall not be affected thereby.Ala. Admin. Code r. 538-X-3-.20
Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 03, December 29, 2023, eff. 2/12/2024.Author: Mark D. Wilkerson
Statutory Authority:Code of Ala. 1975, §§ 20-2A-22, as amended.