Section 453A.Sec. 91 - NEW1. The Department will deny an application for the issuance or renewal of a license for a marijuana establishment if: (a) The application or the marijuana establishment is not in compliance with any provision of this chapter or chapter 453D of NRS; or(b) An owner, officer or board member of the marijuana establishment: (1) Is an employee or contractor of the Department;(2) Has an ownership or financial investment interest in a marijuana testing facility and also is an owner, officer or board member of a marijuana cultivation facility, marijuana distributor, marijuana product manufacturing facility or retail marijuana store; or(3) Provides false or misleading information to the Department.2. The Department may revoke a license for a marijuana establishment if:(a) The marijuana establishment engages in a category I violation pursuant to section 120 of this regulation;(b) An owner, officer or board member of the marijuana establishment has been convicted of an excluded felony offense; or(c) The Department receives formal notice from the applicable locality that the marijuana establishment has had its authorization to operate terminated.3. The Department may deny an application for the issuance or renewal of a license for a marijuana establishment or may suspend or revoke any license issued under the provisions of this chapter and chapter 453D of NRS upon any of the following grounds:(a) Violation by the applicant or the marijuana establishment of any of the provisions of this chapter or chapter 453D of NRS.(b) The failure or refusal of an applicant or marijuana establishment to comply with any of the provisions of this chapter or chapter 453D of NRS.(c) The failure or refusal of a marijuana establishment to carry out the policies and procedures or comply with the statements provided to the Department in the application of the marijuana establishment.(d) Operating a marijuana establishment without a license.(e) The failure or refusal to return an adequate plan of correction to the Department within 10 days after receipt of a statement of deficiencies pursuant to section 90 of this regulation.(f) The failure or refusal to correct any deficiency specified by the Department within the period specified in a plan of correction developed pursuant to section 90 of this regulation.(g) The failure or refusal to cooperate fully with an investigation or inspection by the Department or its agent.(h) The failure to comply with the provisions of chapters 372A and 453D of NRS and chapter 372A of NAC governing the imposition of an excise tax on marijuana establishments.4. If the Department denies an application for issuance or renewal of a license for a marijuana establishment or revokes such a license, the Department will provide notice to the applicant or marijuana establishment that includes, without limitation, the specific reasons for the denial or revocation.5. Before denying an application for issuance or renewal of a license for a marijuana establishment or revoking such a license as a result of the actions of an owner, officer or board member of the marijuana establishment pursuant to paragraph (b) of subsection 1 or paragraph (b) of subsection 2, the Department may provide the marijuana establishment with an opportunity to correct the situation.6. The Department will not deny an application to renew a license for a marijuana establishment or revoke a license based on a change in ownership of the marijuana establishment if the marijuana establishment is in compliance with the provisions of this chapter and chapter 453D of NRS.Nev. Admin. Code § 453A.Sec. 91
Added to NAC by Div. of Pub. & Behavioral Health by R092-17AP, eff. 2/27/2018