N.J. Admin. Code § 17:30-7.9

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

Section 17:30-7.9 - Annual cannabis business license application submission, approval, denial

(a) The Commission shall provide notice of the annual cannabis business license application requirements in accordance with N.J.A.C. 17:30-6.1.

1. Such notice shall be compliant with N.J.A.C. 17:30-7.10, 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 annual license application, the Commission shall forward a copy of the application to the municipality in which the applicant desires to operate a proposed cannabis business.

(c) Not more than 90 days after the receipt of a complete annual 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 7.10.

(e) The Commission may verify the information contained in an annual license 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; and

4. Requiring the production of additional materials.

(f) At its discretion, the Commission may investigate and may conduct a probity review of the license applicant, its owners, principals, and related entities and their finances, ownership, and control structure as it deems necessary.

1. The license applicant shall cooperate with the Commission investigation and verification process and shall provide all information requested by Commission staff.

(g) The Commission shall approve a license applicant for an annual license where the applicant:

1. Has submitted a complete annual license application in accordance with N.J.A.C 17:30-7.10;

2. Has scored sufficiently high to be issued an annual license in accordance with the criteria included in the notice of application pursuant to N.J.A.C. 17:30-6.1 and 7.10;

3. Has been deemed qualified to hold an annual license pursuant to N.J.A.C. 17:30-7.11; and

4. Has submitted its annual license application submission fee, pursuant to N.J.A.C. 17:30-7.17.

(h) 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.

(i) The Commission may deny a license applicant for an annual license that:

1. Is not qualified to hold an annual license pursuant to N.J.A.C. 17:30-7.11;

2. Has not scored sufficiently high to be issued an annual license in accordance with the criteria included in the notice of application pursuant to N.J.A.C. 17:30-6.1 and 7.10;

3. Fails to reveal any material fact pertaining to qualification pursuant to N.J.A.C. 17:30-7.11;

4. Has been determined by the Commission, by clear and convincing evidence, to be unsuitable to hold an annual cannabis business license pursuant to N.J.A.C. 17:30-7.11; or

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

(j) If an application is denied, the Commission shall provide notice of the 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.

(k) Such administrative hearing shall take place in the Office of Administrative Law in accordance with the Administrative Procedures Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure 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-1 et seq., or the common law concerning access to government records.

(l) The final decision of an application pursuant to (g) or (i) 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 § 17:30-7.9

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

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