935 CMR, § 501.031

Current through Register 1536, December 6, 2024

Section 501.031 - Denial of a Registration Card or Hardship Cultivation Registration

Each of the following, in and of itself, constitutes full and adequate grounds for denial of a temporary or an annual Registration Card for a Registered Qualifying Patient or Personal Caregiver, or a Registration Card for an MTC agent, including Laboratory Agents, or a Hardship Cultivation Registration:

(1) Failure to provide the information required in 935 CMR 501.027, 935 CMR 501.029 or 935 CMR 501.030 for an Agent Registration Card or Hardship Cultivation Registration;

(2) Provision of information on the application that is deceptive, misleading, false, or fraudulent, or that tends to deceive or create a misleading impression, whether directly, or by omission or ambiguity, including lack of disclosure or insufficient disclosure;

(3) Failure to meet the requirements set forth in 935 CMR 501.027, 935 CMR 501.029 or 501.030 for an Agent Registration Card or Hardship Cultivation Registration;

(4) Revocation or suspension of an Agent Registration Card or Hardship Cultivation Registration in the previous six months;

(5) Failure by the MTC to pay all applicable fees; or

(6) Other grounds, as the Commission may determine in the exercise of its discretion, that are directly related to the applicant's ability to serve as an MTC agent, or that make the applicant unsuitable for registration; however, the Commission will provide notice to the applicant of the grounds prior to the denial of the Agent Registration Card and a reasonable opportunity to correct these grounds.

(a) The Commission may delegate Registrants' suitability determinations to the Executive Director, who may appoint a Suitability Review Committee, in accordance with 935 CMR 501.800. Suitability determinations shall be based on credible and reliable information.

(b) The Executive Director may institute a suitability review based on a recommendation from Enforcement staff that background check information would result in or could support an adverse suitability determination. All suitability determinations will be made in accordance with the procedures set forth in 935 CMR 501.800.