N.J. Admin. Code § 17:30-7.2

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

Section 17:30-7.2 - Conditional cannabis business license application submission and approval or denial

(a) The Commission shall provide notice in the New Jersey Register of the application requirements for conditional license applications in accordance with N.J.A.C. 17:30-6.1 and 17:30-7.3.

1. Such notice shall be compliant with this subchapter, and shall include:

i. Measures by which the license applicant will be scored;

ii. Maximum scores for each individual measure; and

iii. The total score required for a license applicant to be approved for a license.

(b) Within 14 days of receipt of a complete conditional license application, the Commission shall forward a copy of an application to the municipality in which the applicant desires to operate a proposed cannabis business.

(c) Not more than 30 days after the receipt of a complete conditional license application, the Commission shall make a determination on the application.

1. Such determination may include a determination that the Commission requires more time to adequately review the application.

(d) Applications shall be reviewed for completeness and then scored in accordance with the criteria included in the notice pursuant to N.J.A.C. 17:30-6.1 and 7.3.

(e) The Commission may verify the information contained in the application by:

1. Contacting the license applicant and its owners and principals by telephone, mail, or electronic mail;

2. Conducting an onsite assessment;

3. Requiring a face-to-face meeting; or

4. Requiring the submission of additional materials.

(f) The Commission shall approve a conditional license applicant that:

1. Has submitted a complete conditional license application in accordance with N.J.A.C. 17:30-7.3 and the notice of application acceptance pursuant to N.J.A.C. 17:30-6.1;

2. Has scored sufficiently high to be issued a conditional license in accordance with the criteria included in the notice of application pursuant to N.J.A.C. 17:30-6.1 and 7.3;

3. Is qualified to hold a conditional license pursuant to N.J.A.C. 17:30-7.4; and

4. Has submitted application fees pursuant to N.J.A.C. 17:30-7.17.

(g) A license application the Commission deems incomplete because of failure to address all applicable criteria and measures or to provide requested information shall be returned to the license applicant with the opportunity to cure the deficiencies in a license application and resubmit it.

(h) The Commission may deny a conditional license applicant that:

1. Is not qualified to hold a conditional license pursuant to N.J.A.C. 17:30-7.4;

2. Has not scored sufficiently high to be issued a conditional license in accordance with the criteria included in the notice of application pursuant to N.J.A.C. 17:30-6.1 and 7.3.

3. Fails to reveal any material fact pertaining to qualification pursuant to N.J.A.C. 17:30-7.4;

4. Has been determined by the Commission, by clear and convincing evidence, to be unsuitable to hold a conditional cannabis business license; or

5. Presents false or intentionally misleading information in the application process.

(i) If an application is denied, the Commission shall provide the notice of denial to the applicant, in writing, which shall include:

1. The specific reason for the denial; and

2. The opportunity to request an administrative hearing within 45 days after the date of the denial.

(j) Such administrative hearing 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.

1. The record for review shall be the application and any attached supporting documents, excluding information deemed exempt pursuant to N.J.S.A. 47:1A-5 et seq., or the common law concerning access to government records. Additional evidence and documentation shall not be considered.

(k) The final decision on an application pursuant to (f) or (h) above 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 § 17:30-7.2

Adopted by 53 N.J.R. 1583(a), effective 8/19/2021

Amended by 55 N.J.R. 402(a), effective 3/6/2023