N.J. Admin. Code § 17:30-20.9

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

Section 17:30-20.9 - Revocation of a license

(a) The Commission may revoke a cannabis business or testing laboratory license for cause in the following circumstances:

1. The cannabis business or testing laboratory has failed to comply with administrative requirements related to its license, posing an immediate and serious risk of harm or actual harm to the health, safety, or welfare of consumers, the public, or personnel, and the cannabis business or testing laboratory has not corrected such violations in accordance with an approved plan of corrective action or subsequent to imposition of other enforcement actions issued pursuant to this chapter;

2. The cannabis business or testing laboratory has exhibited a pattern and practice of violating the requirements of this chapter, posing a serious risk of harm to the health, safety, or welfare of consumers, the public, or personnel.

i. A pattern and practice may be demonstrated by the repeated violation of identical, or substantially related, license standards during three onsite assessments or the issuance of civil monetary penalties pursuant to the Act or other enforcement actions for unrelated violations on three or more onsite assessments; or

3. Failure of a cannabis business or testing laboratory to correct identified violations that led to the issuance of an order for summary suspension of a license.

(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 revocation.

(c) The license holder has a right to 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 revocation pursuant to (b) above within 48 hours of receipt of such notice.

(d) 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 revocation of the license, the order of revocation 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 revocation in the New Jersey Superior Court, Appellate Division.

3. The Commission may rescind the order for revocation 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 § 17:30-20.9

Recodified from 17:30-17.8 by 55 N.J.R. 402(a), effective 3/6/2023