N.J. Admin. Code § 17:30-20.8

Current through Register Vol. 56, No. 17, September 3, 2024

Section 17:30-20.8 - Summary suspension of a license

(a) The Commission may order the summary suspension of a license for cause upon a finding that one or more violations pose an immediate threat to consumers or to the health, safety, or welfare of the public, including, but not limited to:

1. Failure to comply with or satisfy any provision of this chapter;

2. Failure to allow a monitoring visit by authorized representatives of the Commission;

3. Falsification of any material or information submitted to the Commission;

4. Diversion of cannabis, as determined by the Commission; or

5. Threatening or harming a consumer, personnel, or an employee or representative of the Commission.

(b) Upon a finding described at (a) above, the Commission, or the Commission's designee, shall serve written notice by certified mail to the cannabis business or testing laboratory or its license holder representative of the nature of the findings and violations and the proposed order of suspension.

1. Except in the case of a life-threatening emergency, the notice shall provide the license holder with 72 hours from receipt to correct the violations and provide proof to the Commission of such correction.

(c) A license holder may request an adjudicatory hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., to contest the Commission's notice of proposed suspension pursuant to (b) above within 48 hours of receipt of such notice.

(d) If the Commission determines the violations have not been corrected, and the cannabis business or testing laboratory has not requested an adjudicatory hearing pursuant to (c) above, then the license shall be deemed suspended, effective immediately.

1. Upon the effective date of the suspension, the license holder shall cease and desist operations.

(e) If the license holder requests an adjudicatory hearing pursuant to (c) above, the Commission shall arrange for an immediate hearing to be conducted by the Commission and a final agency decision shall be issued after the hearing by the Commission.

1. If the Commission affirms the proposed suspension of the license, the order of suspension shall become final.

2. The license holder may, pursuant to N.J.A.C. 17:30-20.10, apply for injunctive relief against the Commission's final order of suspension in the New Jersey Superior Court, Appellate Division.

3. The Commission may rescind the order for suspension upon a finding that the license holder has corrected the conditions that were the basis for the action within the time period specified for corrective action.

N.J. Admin. Code § 17:30-20.8

Recodified from 17:30-17.7 by 55 N.J.R. 402(a), effective 3/6/2023