D.C. Mun. Regs. tit. 22, r. 22-C6001
Denial by the Board of an application or renewal application for any registration under this subtitle shall be deemed a final Board action.
An initial applicant for registration of a dispensary, or cultivation center or testing laboratory may seek review of the Board's Director's final decision in the D.C. Superior Court within thirty (30) days after receipt of the notice if the applicant:
The petition for review shall include a clear and concise statement of the legal and factual grounds for which the applicant is seeking review, including copies of relevant documents, citations to statutes, or regulations claimed to be violated.
Judicial review shall be an on the record review of the decision, and not a de novo review. Judicial review shall be conducted with deference to the agency's factual findings, and such findings shall be final and conclusive unless the decision is fraudulent, arbitrary, capricious, not supported by substantial evidence, or so grossly erroneous as to necessarily imply bad faith.
The Board record on judicial review shall include, where relevant:
A document or exhibit containing the confidential, proprietary, or privileged information of another applicant or a registered cultivation center or dispensary may be ordered under review by the Court, but shall be sealed and reviewable by the Court via in camera review, only. For purposes of this chapter, confidential, proprietary, or privileged information or documents shall include but not be limited to:
The scoring of an application's criteria or individual criterion without comments from all panel members is not by itself arbitrary or capricious, provided that the panel as a whole provides comments that address each major criteria category.
If the reviewing court rules in favor of the applicant, the case shall be remanded to the Board to rescore and rank the applicant's application according to the scoring process in §§5402 of this chapter.
In the event that after a rescoring and ranking of the applicant's application the applicant has become eligible for registration, but issuing the applicant a registration would result in surpassing the number of dispensaries or cultivation centers permitted to operate in a single election ward under D.C. Official Code §§ 7-1671.06 (2012 Repl.), the applicant shall be permitted to modify the location of the premises identified on the application within one hundred eighty (180) days of notice from the Board without negatively affecting the current status of the application or registration.
In the event that after the rescoring and ranking the applicant has become eligible for a registration, but issuing the registration would result in surpassing the number of dispensaries or cultivation centers permitted in the District under §§5200 of this chapter, the Board may, for the convenience of the District, revoke the registration of the dispensary or cultivation center that was awarded a registration in lieu of the applicant, pursuant to §§6002 of this chapter.
In the event that after the rescoring and ranking of its application an applicant is not eligible for a registration, the Board shall notify the applicant of the outcome of the rescoring process and that the applicant's application remains denied. Notification by the Board that an applicant is not eligible for a registration after the completion of a rescoring process shall be deemed a final decision and the applicant may seek review of the Board's decision in the District of Columbia Superior Court.
[Repealed].
[Repealed].
[Repealed].
The timely filing of a petition for review in the Superior Court of the District of Columbia or a petition for review to the District of Columbia Court of Appeals shall not stay the decision of the Board or prohibit the Board from issuing registrations to the selected applicants.
D.C. Mun. Regs. tit. 22, r. 22-C6001