Or. Admin. Code § 333-008-1650

Current through Register Vol. 63, No. 10, October 1, 2024

Section 333-008-1650 - Medical Marijuana Processors: Processing Site Application Review

(1) Applications will be reviewed in the order they are received by the Authority. An application is considered received as of the date and time that payment of fees is authorized by the entity that issued the credit or debit card used to pay the fees.

(2) Once the Authority has determined that an application is complete it will review an application to the extent necessary to determine compliance with ORS 475C.815 and these rules.

(3) The Authority may, in its discretion, prior to acting on an application:

(a) Contact any individual listed on the application and request additional documentation or information;

(b) Inspect the premises of the proposed processing site; or

(c) Verify any information submitted by the applicant.

(4) Prior to making a decision whether to approve or deny an application the Authority must:

(a) Review the criminal background check results for each individual named on the application;

(b) Verify that the applicant is registered as a business with the Office of the Secretary of State; and

(c) Verify that the proposed location of the processing site is not located:

(A) In an area that is zoned for residential use if the processor intends to make extracts; and

(B) Is not in a city or county that has adopted an ordinance under ORS 475C.950 prohibiting processing sites.

(5) If during the review process the Authority determines that the application or supporting documentation contains intentionally false or misleading information the Authority may declare the application incomplete or deny the application in accordance with OAR 333-008-1670.

(6) The Authority will notify the applicant in writing that the applicant has 60 calendar days from the date of the written notice to submit a Readiness Form, prescribed by the Authority, indicating that the applicant is prepared for an inspection and is in compliance with these rules if:

(a) There is no basis for denial under OAR 333-008-1670;

(b) The proposed processing site is in compliance with ORS 475C.815 and these rules;

(c) Each individual named in the application passes the criminal background check; and

(d) Each individual named as a PRP in the application meets the age requirement.

(7) If the Authority does not receive the Readiness Form in accordance with section (6) of this rule the applicant's application will be declared incomplete, unless an extension has been granted under section (8) of this rule.

(8) An applicant may request one extension of the 60-day deadline in section (6) of this rule if the applicant can demonstrate to the Authority that the deadline cannot be met for reasons outside of the applicant's control, such as but not limited to the applicant's inability to obtain local government building permits.

(a) A request for an extension must be in writing, must be received within 60 calendar days of the notice described in section (6) of this rule, and must explain and provide documentation that shows the applicant cannot, for reasons outside of the applicant's control, meet the 60-day deadline.

(b) A request for an extension tolls the 60-day deadline.

(c) The Authority will review the request and provide, in writing to the applicant, its decision and the reason for the decision.

(d) If an extension is granted the Authority must inform the applicant of the new deadline for submission of the Readiness Form, but in any case an extension may not exceed 60 calendar days.

Or. Admin. Code § 333-008-1650

PH 9-2016, f. 2-26-16, cert. ef. 3/1/2016; PH 21-2016, f. 6-24-16, cert. ef. 6/28/2016; PH 165-2018, minor correction filed 04/30/2018, effective 4/30/2018; PH 214-2018, minor correction filed 05/17/2018, effective 5/17/2018; PH 118-2022, minor correction filed 06/09/2022, effective 6/9/2022

Statutory/Other Authority: ORS 475C.815

Statutes/Other Implemented: ORS 475C.815