1 Colo. Code Regs. § 212-3-2-2130

Current through Register Vol. 47, No. 20, October 25, 2024

Section 1 CCR 212-3-2-2130 - License Renewal Application Requirements

Basis and Purpose - 2130

The statutory authority for this rule includes but is not limited to sections 44-50-104(2), 44-50-202(1)(b), 44-50-203(1)(a), 44-50-203(1)(b), 44-50-203(1)(c), 44-50-203(1)(d), 44-50-203(2)(a), and 44-50-302(1) -(2), C.R.S. The purpose of this rule is to establish license renewal application requirements for a Licensee to renew their license with the Division and State Licensing Authority, including the circumstances under which an expired license may be reinstated.

A.License Periods.

1. All Natural Medicine Business Licenses are valid for one year from the date of issuance.

2. All Owner Licenses are valid for one year from the date of issuance.

3. All Natural Medicine Handler Licenses are valid for one year from the date of issuance.

B.Division Notice Prior to Expiration.

1. The Division will send a notice of License renewal 90 days prior to the expiration of an existing License to the electronic mail address on file, unless the Licensee requests first class mail to the physical address of record.

2. Failure to receive the Division notification does not relieve the Licensee of the obligation to timely renew a license.

C.Renewal Deadline.

1. A Licensee must apply for the renewal of an existing License prior to the License's expiration date.

2. A renewal application submitted to the Division prior to the License's expiration date shall be deemed timely pursuant to section 24-4-104(7), C.R.S., and the Licensee may continue to operate until Final Agency Order on the renewal application.

D.If License Not Renewed Before Expiration. A License is immediately invalid upon expiration if the Licensee has not filed a renewal application and remitted all of the required application and license fees prior to the license expiration date. Natural Medicine Handler Licensees and Owner Licensees whose License expires must reapply for a new License. A Natural Medicine Business that fails to file a renewal application and remit all required application and license fees prior to the License expiration date must not operate until the State Licensing Authority issues a new License pursuant to Rule 2115.

1.Reinstatement of Expired Natural Medicine Business License. A Natural Medicine Business that fails to file a renewal application and remit all required application and license fees prior to the License expiration date may request that the State Licensing Authority reinstate an expired License only in accordance with the following:

a. The Natural Medicine Business License expired within the previous 30 days;

b. The Natural Medicine Business License has submitted an initial application pursuant to Rule 2110. The initial application must be submitted prior to, or concurrently with, the request for reinstatement; and

c. The Natural Medicine Business has paid the reinstatement fee in Rule 2005.

2.Reinstatement Not Available. The Division will not accept a request for reinstatement for:

a. A Natural Medicine Business License that was surrendered or revoked;

b. An Owner License, regardless of whether expired, surrendered, or revoked; or

c. A Natural Medicine Handler License, regardless of whether expired, surrendered, or revoked.

3.Denial of Request for Reinstatement or Administrative Action. If the Licensee requesting reinstatement of a Natural Medicine Business License operated during a period that the License was expired, the request may be subject to denial and the Licensee may be subject to administrative action as authorized by the Natural Medicine Code or these Rules.

4.Approval of Request for Reinstatement. Upon approval of any request for reinstatement of an expired Natural Medicine Business License, the Licensee may resume operations until the agency action on the Licensee's initial application for a Natural Medicine Business License.

a. Approval of a request for reinstatement of an expired Natural Medicine Business License does not guarantee approval of the Natural Medicine Business Licensee's initial application; and

b. Approval of a request for reinstatement of an expired License does not waive the State Licensing Authority's authority to pursue administrative action on the expired License or initial application for a Natural Medicine Business License.

5.Final Agency Order on Initial Application for Natural Medicine Business License.

a. If the initial application for a Natural Medicine Business License submitted pursuant to this Rule is approved, the new Natural Medicine Business License will replace the reinstated License.

b. If the initial application for a Natural Medicine Business License submitted pursuant to this Rule is denied, the Licensee must immediately cease all operations including but not limited, transfer of Regulated Natural Medicine and Regulated Natural Medicine Product.

E.Voluntarily Surrendered or Revoked Licenses Not Eligible for Renewal. Any License that was voluntarily surrendered or that was revoked by a Final Agency Order is not eligible for renewal. Any Licensee who voluntarily surrendered its License or has had its License revoked by a Final Agency Order may submit an initial application for a new License in accordance with these Rules and any terms of the Final Agency Order. The State Licensing Authority will consider the voluntary surrender or the Final Agency Order and all related facts and circumstances in determining approval of any subsequent initial application.

F.Licenses Subject to Ongoing Administrative Action. Licenses subject to an administrative action are subject to the requirements of this Rule. Licenses that are not timely renewed expire and cannot be renewed.

G.Natural Medicine Handler License & Owner License Renewal Process.

1. Upon submission of a Natural Medicine Handler License renewal application or an Owner License renewal application, the Applicant must demonstrate:

a. The Applicant has not failed to comply with a court or administrative order for current child support, child support debt, retroactive child support, or child support arrearages. If the Division receives notice of the Applicant's noncompliance pursuant to sections 24-35-116 and 26-13-126, C.R.S., the application may be denied or delayed until the Applicant has established compliance with the order to the satisfaction of the state child support enforcement agency.

b. The Applicant is qualified to hold a License in accordance with Rule 2140.

2. An Owner Licensee must also demonstrate they he, she, or they have timely filed tax returns, timely paid all taxes, and timely cures any tax deficiencies related to a Natural Medicine Business

H.Natural Medicine Business - Documents Required at Renewal. A Natural Medicine Business must provide the following documents with every renewal application:

1. Any document required by Rules 2125 and 2140 that has changed since the document was last submitted to the Division;

2. A copy of complete and accurate floor plans, if they changed since initial submission required in Rules 5005, 6005, 7005, and 8005.

3. Confirmation that the Applicant is complying with all Local Jurisdiction requirements;

4. A list of any sanctions, penalties, assessments, or cease and desist orders imposed by any regulatory agency or Local Jurisdiction;

5. Any document required by Rule 5005 or 5015 regarding a Natural Medicine Cultivation Facility's cultivation tier.

6. A Healing Center Licensee must submit Administration Session logs required in Rule 8035(C) at each renewal.

7. A Natural Medicine Business operating under a single entity name with more than one License may submit the following documents only once each calendar year on the first License renewal in lieu of submission with every License renewal in the same calendar year:

a. Tax documents and financial statements required by Rule 2125;

b. Documentation of all financial interests that are required to be disclosed by Rule 2140.

8. A Natural Medicine Business shall, as a component of a renewal application, submit a status update to their ESG criteria, documenting any ESG accomplishments, initiatives, or metrics. In addition, licensees should detail any changes in their plans and strategic, measurable, achievable, realistic and time bound (SMART) goals concerning the Licensee's ESG criteria for the forthcoming renewal period. Failure to submit a status update to an ESG criteria could result in license recission or renewal denial.

1 CCR 212-3-2-2130

47 CR 17, September 10, 2024, effective 10/1/2024