N.J. Admin. Code § 17:30-18.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 17:30-18.2 - Testing laboratory application; approval; denial; issuance of license

(a) To apply for a testing laboratory license, an applicant for such license shall access an application form from the Commission's website at http://www.nj.gov/cannabis and shall submit the completed application online.

1. Application materials submitted to the Commission pursuant to N.J.S.A. 24:6I-18 and this section shall not be considered public records pursuant to N.J.S.A. 47:1A-1 et seq., or the common law concerning access to government records.

(b) The applicant shall include in the application, the following:

1. The legal name of the license applicant applying for a license, a copy of the entity's organizational documents and bylaws, evidence that the business entity is in good standing with the New Jersey Department of the Treasury, and a certificate, certified under the seal of the New Jersey State Treasurer, as to the legal status of the business entity;

2. Documentation of a valid Business Registration Certificate on file with the New Jersey Department of the Treasury, Division of Revenue and Enterprise Services;

3. The mailing and physical addresses of the proposed testing laboratory facility;

4. A list of the names, addresses, and dates of birth of the testing laboratory applicant's owners, principals, and employees, and disclosure of any affiliation with any ATC or cannabis business, or any previous ownership of or employment with any ATC or cannabis business by any of the individuals;

5. A list of all individuals or business entities having direct or indirect authority over the management or standard operating procedures of the testing laboratory applicant;

6. A sworn statement from each of the testing laboratory applicant's owners, principals, and employees attesting that none of them currently hold any ownership or any employment with any ATC or ATC applicant, or cannabis business or cannabis business applicant;

7. Written consent from each owner, principal, or employee of the testing laboratory applicant to being fingerprinted for the purposes of undergoing a criminal history record background check pursuant to N.J.A.C. 17:30-7.12.

i. A testing laboratory applicant with an owner, principal, or employee who refuses to consent to, or cooperate in, the securing of a criminal history record background check shall not be considered for a cannabis testing laboratory license, except that no criminal history record background check shall be required for an owner, principal, or employee of the testing laboratory applicant who completed a criminal history record background check as a condition of current and active professional licensure or certification, provided it was completed in the previous three calendar years;

8. Evidence of ISO 17025 certification from an accreditation body that requires conformance by the testing laboratory to the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) general requirements for the competence of testing and calibration laboratories (ISO/IEC 17025 standards), as they may be updated or revised, in order to ensure equipment is routinely inspected, calibrated, and maintained;

9. A list of all accreditations, registrations, and certifications held by the testing laboratory applicant, including, but not limited to, from governing bodies, such as the Commission, the New Jersey Department of Health, the New Jersey Department of Environmental Protection, the New Jersey Department of Agriculture, other similar agencies in other states, the U.S. Food and Drug Administration, or the U.S. Department of Agriculture;

10. Evidence of experience related to the testing activities associated with the license sought and ability to comply with the requirements of this chapter and the Act;

11. Certification from each of the testing laboratory applicant's owners, principals, and employees stating that they submit to the jurisdiction of the courts of the State of New Jersey and agree to comply with all the requirements of the laws of the State of New Jersey pertaining to the Commission;

12. An attestation signed by a bona fide labor organization stating that the testing laboratory applicant has entered into a labor peace agreement with such bona fide labor organization; and

13. Any other information the Commission deems relevant in determining whether to grant a license to the applicant.

(c) The applicant may include in the application a sworn statement from each owner, principal, or employee of the testing laboratory applicant attesting that the individual has not been convicted of any disqualifying conviction pursuant to N.J.A.C. 17:30-7.12.

(d) The Commission may verify information contained in each application and accompanying documentation by:

1. Contacting the applicant by telephone, mail, or electronic mail;

2. Conducting an on-site visit;

3. Requiring a face-to-face meeting and the production of additional identification materials if proof of identity is uncertain; and

4. Requiring additional information as the Commission deems reasonably necessary to determine whether a license should be granted.

(e) The Commission shall approve a testing laboratory licensing applicant that:

1. Submits a sufficient application pursuant to (b) above, that provides all requested information and presents only truthful information;

2. Is qualified for a testing laboratory license pursuant to N.J.A.C. 17:30-18.3; and

3. Submits a testing laboratory license application fee in accordance with N.J.A.C. 17:30-7.17.

(f) The Commission shall issue a written notice of its award decision to applicants.

(g) After the license applicant has completed any necessary construction or preparation of the testing laboratory, the license applicant shall request an onsite assessment.

(h) The Commission shall conduct an onsite assessment of the testing laboratory and determine whether its premises, operations, and procedures are consistent with its application, and compliant with the Act and this chapter.

(i) If the Commission determines compliance, it shall issue the testing laboratory license to the license applicant.

(j) A license application the Commission deems incomplete because of failure to address all applicable criteria and measures, to provide requested information, or to present truthful information in the application process shall be disqualified prior to a substantive review of the submission, and such disqualification shall be considered a final agency decision subject to judicial review pursuant to N.J.A.C. 17:30-20.10.

(k) The Commission shall grant a license applicant the opportunity to cure the deficiencies in a license application and resubmit it.

(l) The Commission shall provide notice to a denied license applicant in writing that:

1. Notice of the denial of the annual license and the specific reason for the denial;

2. The filing fee shall be nonrefundable; and

3. The opportunity to request an administrative hearing with the Commission.

(m) An administrative hearing pursuant to (l) above shall take place in the Office of Administrative Law in accordance with the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedures Rules, N.J.A.C. 1:1.

(n) The final denial of an application shall be considered a final agency decision, subject to judicial review by, and of which jurisdiction and venue for such review are vested in, the Appellate Division of the Superior Court pursuant to N.J.A.C. 17:30-20.10.

N.J. Admin. Code § 17:30-18.2

Recodified from 17:30-15.2 by 55 N.J.R. 402(a), effective 3/6/2023