Cal. Code Regs. tit. 3 § 4902

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 4902 - Criminal History Report for Industrial Hemp Registration

(a) Registration requirements.

(1) A criminal history report for each key participant listed pursuant to Section 4901 shall be submitted along with the application in accordance with the registration procedures outlined in Section 4901(a) for registration, registration amendment, or renewal to the commissioner. A registration application will not be considered complete without all required criminal history reports.

(2) Any changes to key participants must be reported along with criminal history reports for any additional key participants to the commissioner as an amendment to the registration within 15 calendar days of the change.

(3) All criminal history reports must be dated within 60 calendar days of submission of the application for registration, registration amendment, or renewal.

(4) Registrants shall notify the commissioner in writing within 48 hours of the registrant or a key participant receiving a disqualifying conviction.

(5) If an applicant, registrant, or key participant is found to have a disqualifying conviction, the applicant or key participant shall be ineligible to participate in the hemp program for ten (10) years from the date of the conviction.

(6) Any falsification of criminal history reports shall be considered as materially falsifying information in an application or registration and shall result in revocation or refusal of registration and ineligibility to participate in the industrial hemp program.

(7) The commissioner may require additional criminal history reports during the registration period as deemed necessary to ensure all registered key participants do not have a disqualifying conviction.

Cal. Code Regs. Tit. 3, § 4902

1. New section filed 3-17-2020 as an emergency; operative 3-17-2020 (Register 2020, No. 12). A Certificate of Compliance must be transmitted to OAL by 9-14-2020 or emergency language will be repealed by operation of law on the following day.
2. Emergency filed 3-17-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-12-2021 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 1-7-2021 as an emergency; operative 1-13-2021. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). (Register 2021, No. 2). A Certificate of Compliance must be transmitted to OAL by 8-13-2021 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-7-2021 order, including amendment of section and NOTE, transmitted to OAL 8-9-2021 and filed 9-21-2021; amendments effective 9-21-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 39).
5. Repealer of subsections (a)-(a)(3)(B), subsection relettering, and amendment of subsections (a)(1), (a)(5) and (a)(7) filed 7-11-2022 as an emergency; operative 7-11-2022 (Register 2022, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-9-2023 or emergency language will be repealed by operation of law on the following day.
6. Repealer of subsections (a)-(a)(3)(B), subsection relettering, and amendment of subsections (a)(1), (a)(5) and (a)(7) refiled 1-3-2023 as an emergency; operative 1-3-2023 (Register 2023, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-3-2023 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-3-2023 order transmitted to OAL 3-29-2023 and filed 5-11-2023 (Register 2023, No. 19).

Note: Authority cited: Sections 407, 81003, 81004, 81004.5 and 81013, Food and Agricultural Code. Reference: Sections 81003, 81004, 81004.5, 81013 and 81014, Food and Agricultural Code.

1. New section filed 3-17-2020 as an emergency; operative 3/17/2020 (Register 2020, No. 12). A Certificate of Compliance must be transmitted to OAL by 9-14-2020 or emergency language will be repealed by operation of law on the following day.
2. Emergency filed 3-17-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 48). A Certificate of Compliance must be transmitted to OAL by 1-12-2021 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 1-7-2021 as an emergency; operative 1/13/2021. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20). (Register 2021, No. 2). A Certificate of Compliance must be transmitted to OAL by 8-13-2021 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-7-2021 order, including amendment of section and Note, transmitted to OAL 8-9-2021 and filed 9-21-2021; amendments effective 9-21-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 39).
5. Repealer of subsections (a)-(a)(3)(B), subsection relettering, and amendment of subsections (a)(1), (a)(5) and (a)(7) filed 7-11-2022 as an emergency; operative 7/11/2022 (Register 2022, No. 28). A Certificate of Compliance must be transmitted to OAL by 1-9-2023 or emergency language will be repealed by operation of law on the following day.
6. Repealer of subsections (a)-(a)(3)(B), subsection relettering, and amendment of subsections (a)(1), (a)(5) and (a)(7) refiled 1-3-2023 as an emergency; operative 1/3/2023 (Register 2023, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-3-2023 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 1-3-2023 order transmitted to OAL 3-29-2023 and filed 5/11/2023 (Register 2023, No. 19).