D.C. Mun. Regs. tit. 22, r. 22-C5402

Current through Register 71, No. 45, November 7, 2024

Rule 22-C5402 - SELECTION PROCESS

5402.1

For cultivation center and dispensary registration applicants, a six (6) member panel shall be convened consisting of one (1) representative from the District Department of the Environment (DDOE), Office of the Attorney General (OAG), Department of General Services Protective Services Division (PSD), the Department of Buildings (DOB), Department of Health (DOH), and a representative of ABCA to evaluate and score each application.

5402.2

For testing laboratory applicants, a seven (7) member panel shall be convened consisting of one (1) representative from the DDOE, OAG, PSD, DOB, Department of Forensic Sciences (DFS), DOH, and a representative of ABCA to evaluate and score each application.

5402.3

For cultivation center and dispensary registration applicants, each panel member shall score each application on a two hundred and fifty (250) point base scale. An applicant's overall score is based upon the quality of the applicant's submission, and the ANC comments submitted in accordance with §§5109 of this subtitle, by discarding the highest and lowest panel member scores, adding up the four (4) remaining scores, and dividing that total by four (4).

5402.4

For testing laboratory applicants, each panel member shall score each application on a two hundred and fifty (250) point base scale. An applicant's overall score is based upon the quality of the applicant's submission, and the ANC comments, by discarding the highest and lowest panel member scores, adding up the five (5) remaining scores, and dividing that total by five (5).

5402.5

The maximum points for each criterion are indicated in §§5403 of this subtitle. To be considered eligible for further review, an application must have at least one hundred and fifty (150) points prior to the ANC review. The panel shall set forth through consensus comments the basis of the scoring decision for each criterion.

5402.6

Prior to seeking ANC review, the panel shall calculate a provisional score based upon the then available points. Each applicant's provisional score shall be calculated by discarding the highest and lowest panel member scores, adding up the remaining scores, and dividing that total by the number of scores that remain. The provisional scores shall be ranked from highest to lowest and the Panel shall provisionally select not more than the fifteen (15) highest ranking cultivation center applicants, not more than the fifteen (15) highest ranking dispensary applicants, and not more than fifteen (15) highest ranking testing laboratories for ANC review. The provisional selection decision shall be made in writing to the successful applicants. Notice shall also be provided by the Board to applicants that are not selected. The Notice shall advise the applicants of the following:

(a) The applicant's total score;

(b) Whether or not the applicant achieved the requisite one hundred and fifty (150) points needed to move forward in the selection process;

(c) The summary of the panel's consensus comments that formed the basis for the applicant's score;

(d) Whether the panel's consensus comments were adopted by the Board and are the findings of fact which are the basis of and support the Board's rationale for the decision. If the application was denied, the Notice shall also address whether the consensus comments were adopted by the Board and are the findings of fact which are the basis of and support the Board's rationale for the decision to deny the applicant's registration application, or whether the denial was based upon other reasoning. If based upon another reason, that reason shall be clearly articulated in the notice letter; and

(e) The applicant's right to judicial review in the District of Columbia Superior Court.

5402.7

The applications provisionally selected by the panel shall be placarded by the Board with notice given to each ANC in the affected Ward and shall state that the ANCs must submit their comments to the Board not later than thirty (30) days after receiving the notice.

5402.8

The ANC comments received during the comment period shall then be forwarded to the panel, which shall have thirty (30) days to evaluate and score the ANC comments. Only the official comments of the ANC that were voted upon and approved by the ANC as a whole shall be accepted by the panel for scoring. All affected ANCs that do not timely submit comments shall be scored by the panel as if the ANCs submitted neutral comments. The ANC comments shall be worth up to thirty (30) points of the total scoring for each provisionally selected applicant.

5402.9

The panel shall prepare a report of the final proposed selections based upon the applicant scores, and then submit it to the Board. The report shall assign a numerical rank for each applicant based on the application's final score, include a narrative of the basis for each of the panel's final proposed selections that includes the consensus comments that formed the basis of the scoring decision for each criterion, and shall include not more than the ten (10) highest scoring cultivation center applicants, not more than the ten (10) highest scoring dispensary applicants, and not more than the ten (10) highest scoring testing laboratory applicants.

5402.10

In the event that two (2) or more applicants for a cultivation center registration receive the same total score, the panel shall give priority in rank to the applicant that received the highest score in the security plan category. In the event that the same two (2) applicants receive the same score in the security plan category, the panel shall give priority in rank to the applicant that received the highest score in the cultivation plan category.

5402.11

In the event that two (2) or more applicants for a dispensary registration receive the same total score, the panel shall give priority in rank to the applicant that received the highest score in the security plan category. In the event that the same two (2) applicants receive the same score in the security plan category, the panel shall give priority in rank to the applicant that received the highest score in the product safety and labeling plan category.

5402.12

In the event that two (2) or more applicants for a testing laboratory registration receive the same total score, the panel shall give priority in rank to the applicant that received the highest score in the laboratory testing plan category. In the event that the same two (2) applicants receive the same score in the laboratory testing plan, the panel shall give priority rank to the applicant that received the highest score in the security plan category.

5402.13

Except as provided by §§6000 of this subtitle, the Board shall adopt the panel's report and findings and select the highest scoring applicant for a cultivation center, dispensary, or testing laboratory registration. The selection decision shall be made in writing to the successful applicants. Notice shall also be provided by the Board to applicants that are not selected. The Notice shall advise the applicants of the following:

(a) The applicant's total score;

(b) Whether or not the applicant was selected and deemed eligible for registration;

(c) Whether the applicant(s) that was selected and deemed eligible for registration was the highest scoring applicant(s) or otherwise set forth the ranking of the selected applicant(s);

(d) The summary consensus comments that formed the basis for the applicant's score;

(e) Whether the panel's consensus comments were adopted by the Board and are the findings of fact which are the basis of and support the Board's rationale for the decision. If the application was denied, the Notice shall also address whether the consensus comments and final ranking were adopted by the Board and are the findings of fact which are the basis of and support the Board's rationale for the decision to deny the applicant's registration application, or whether the denial was based upon other reasoning. If based upon another reason, that reason shall be clearly articulated in the notice letter; and

(f) The applicant's right to judicial review in the District of Columbia Superior Court.

5402.14

In the event that a selected cultivation center, dispensary, or testing laboratory application is subsequently denied by the Board pursuant to §§6000.2 of this subtitle, the applicant who received the next highest score from the panel who was not initially accepted shall be selected.

5402.15

An applicant submitting a cultivation center or dispensary registration application shall be required to submit a nonrefundable application fee of one thousand dollars ($1,000) at the time the cultivation center or dispensary application is filed with the Board. The remaining amount of the total application fee of eight thousand dollars ($8,000) shall be submitted within thirty (30) days of being selected by the Board for a cultivation or a dispensary registration.

5402.16

An applicant submitting a testing laboratory registration application shall be required to submit a nonrefundable application fee of one thousand dollars ($1,000) at the time the testing laboratory application is filed with the Board. The remaining amount of the total application fee of three thousand five hundred dollars ($3,500) shall be submitted within thirty (30) days of being selected by the Board for the testing laboratory registration.

D.C. Mun. Regs. tit. 22, r. 22-C5402

Source: Notice of Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Notice of Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 10128, 10177 (December 2, 2011); amended by Final Rulemaking published at 64 DCR 13490 (12/29/2017); amended by Final Rulemaking published at 66 DCR 10217 (8/9/2019); Amended by Final Rulemaking published at 71 DCR 2388 (3/8/2024)

Authority: The Mayor, pursuant to section 14 of the Legalization of Marijuana for Medical Treatment Initiative of 1999 (Act), effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code §§ 7-1671.01, et. seq. (2011 Supp.)).