Section 16410 - Cultivation Licensee Authorization to Release Data to Financial Institutions(a) A cultivation licensee may authorize the Department to provide information to a financial institution for purposes of facilitating the provision of financial services. The authorization shall be made in writing, through a form prescribed by the Department, which shall include the following information: (1) The name of the licensed business for which the licensee is authorizing the release of information;(2) The business's license number(s);(3) The financial institution authorized to receive information;(4) The name, phone number, email address, and signature of the owner submitting the authorization;(5) The categories of information specified in subsection (b) that are authorized for release; and(6) An acknowledgement that the authorization to release information includes information that is otherwise protected from disclosure, that the licensee is waiving privilege and confidentiality, and that the scope of the release is strictly limited for the purposes of disclosure to the financial institution.(b) After receipt of the authorization from a cultivation licensee, the Department shall release the following information, when requested by an authorized financial institution pursuant to section 16411 of this division: (1) The license application(s), including renewal applications, excluding information required to be kept confidential pursuant to Penal Code section 11105 and confidential personal information of individual owners of the licensed business;(2) Information captured in the track and trace system established pursuant to Business and Professions Code section 26067, including, but not limited to, aggregated sales or transfer information, as applicable;(3) Documents issued to the licensee pursuant to disciplinary or enforcement proceedings;(c) A cultivation licensee may withdraw the authorization to provide information to a financial institution at any time. The withdrawal shall be made in writing, through a form prescribed by the Department, and shall include the following information: (1) The name of the licensed business for which the licensee is withdrawing the authorization of the release of information;(2) The business's license number(s);(3) The financial institution from which authorization to receive information is withdrawn;(4) The name, phone number, email address, and signature of the owner submitting the withdrawal.Cal. Code Regs. Tit. 4, § 16410
1. New article 3 (sections 16410-16411) and section filed 9-27-2021 as an emergency; operative 9-27-2021 (Register 2021, No. 40). This filing is a deemed emergency pursuant to Business and Professions Code sections 26013(b)(3) and 26153.1(k). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency language will be repealed by operation of law on the following day. Note: Authority cited: Section 26013, Business and Professions Code. Reference: Section 26260, Business and Professions Code.
1. New article 3 (sections 16410-16411) and section filed 9-27-2021 as an emergency; operative 9/27/2021 (Register 2021, No. 40). This filing is a deemed emergency pursuant to Business and Professions Code sections 26013(b)(3) and 26153.1(k). A Certificate of Compliance must be transmitted to OAL by 3-28-2022 or emergency language will be repealed by operation of law on the following day.