Or. Admin. Code § 333-008-0638
Current through Register Vol. 63, No. 11, November 1, 2024
Section 333-008-0638 - Grow Site Administrators for CTS Tracking(1) Designation of Grow Site Administrator for CTS.(a) A grow site that is subject to CTS tracking under OAR 333-008-0635(1) must have a designated grow site administrator.(b) If a patient submits an application listing a grow site and the new application makes the grow site subject to CTS tracking criteria under OAR 333-008-0635(1) the Authority will notify all PRMGs at the grow site that a grow site administrator must be designated. The PRMG designated as the grow site administrator has 15 calendar days from the date of the Authority's notice to submit a grow site administrator request to the Authority in a form and manner prescribed by the Authority, along with the CTS non-refundable user fee.(2) If a grow site administrator request is not submitted to the Authority by the deadlines established in this rule the Authority may revoke the registration of each PRMG at the grow site and revoke the grow site registration.(3) If more than one grow site administrator request is received for the same grow site, and the Authority approves a request, the Authority will not review any additional requests.(4) The Authority shall review and act on grow site administrator requests in the order they are received.(5) The Authority will approve a request to be designated the grow site administrator if:(a) The request is complete;(b) The PRMG is in good standing with the Authority and the Commission. For purposes of this section "in good standing" means the PRMG has not been subjected to discipline by the Authority or the Commission within the previous three years; and(c) The PRMG requesting approval as the grow site administrator has authorized the Authority to provide the administrator's contact information to all other PRMGs registered at the grow site or who become registered at the grow site and all patients for whom a PRMG is producing marijuana at the grow site, upon approval.(6) The Authority will notify the approved grow site administrator of the approval or denial and will notify the Commission of all approved grow site administrators so the Commission can begin the process of setting up the grow site's CTS account.(7) Withdrawal of grow site administrator approval.(a) If the approved grow site administrator fails to remain registered with the Authority, fails to remain in good standing with the Authority or the Commission, or if the administrator's registration has been suspended or revoked by the Authority, the Authority shall withdraw the administrator's approval. The Authority shall notify the administrator of the withdrawal and cite the reasons for the withdrawal, in writing. The Authority shall notify the Commission when a grow site administrator approval is withdrawn.(b) If the Authority withdraws its approval of the administrator it shall notify all PRMGs at the grow site location that a new grow site administrator must be designated. The PRMG designated as the grow site administrator has 15 calendar days from the date of the Authority's notice to submit a grow site administrator request to the Authority in a form and manner prescribed by the Authority, along with the CTS non-refundable user fee, if applicable. The request for approval of a new grow site administrator shall be conducted in accordance with sections (5) and (6) of this rule.(8) Change of grow site administrator.(a) An approved grow site administrator may submit a notice of resignation in a form and manner prescribed by the Authority, that the administrator is resigning as the administrator. The administrator may, at the same time, request a replacement grow site administrator for the grow site. The PRMG designated as the grow site administrator has 15 calendar days from the date of the Authority's notice to submit a grow site administrator request to the Authority in a form and manner prescribed by the Authority, along with the CTS non-refundable user fee, if applicable. The Authority will act on the new request in accordance with sections (5) and (6) of this rule.(b) Any PRMG at a grow site may submit a request to the Authority to change the approved grow site administrator for that grow site, in a form and manner prescribed by the Authority. (A) The request to change the grow site administrator must include the reasons for the requested change. The requestor must provide the approved grow site administrator a copy of the request.(B) In addition to the request to change the approved grow site administrator, at least one PRMG at the grow site must submit a request to be approved as the grow site administrator to the Authority in a form and manner prescribed by the Authority, along with the required CTS non-refundable user fee, if needed.(C) The Authority will notify the approved grow site administrator of the change request and allow the grow site administrator 15 calendar days to submit a written response to the change request, to the Authority.(D) If the approved grow site administrator does not respond to the Authority or does not object to the change and if the PRMG requesting to become the new grow site administrator is qualified for approval under section (5) of this rule, the Authority will notify the administrator that the administrator's approval has been withdrawn and notify the new grow site administrator of the approval in accordance with section (6) of this rule. If the PRMG requesting to become the new grow site administrator is not qualified for approval under section (5) of this rule the request to change the approved grow site administrator will be denied.(E) If the approved administrator responds to the change request in a timely manner and objects to the change the Authority will review all of the information submitted and determine if there is good cause to withdraw approval of the current administrator and approve a new administrator. For purposes of this rule "good cause" means the approved administrator is not complying with the rules of the Authority or the Commission with regard to CTS tracking or cannot for other legal reasons comply with such rules.(i) If the Authority determines there is not good cause to withdraw approval of the approved grow site administrator the Authority shall notify the person who submitted the change request and the approved grow site administrator, in writing, of the Authority's decision and the reasons for the decision.(ii) If the Authority determines there is good cause to withdraw approval of the currently approved grow site administrator the Authority shall notify the approved grow site administrator of the withdrawal in writing and the reasons for the withdrawal, and notify the Commission. The request for approval of a new grow site administrator shall be conducted in accordance with sections (5) and (6) of this rule.(c) The Authority may, but is not required, to accept a grow site administrator's notice of resignation. The resignation is not effective until the authority informs the grow site administrator, in writing, that the resignation has been accepted. (9) No PRMG at a grow site that is subject to OAR 333-008-0635 may transfer any seeds, immature medical plants or usable medical marijuana unless the grow site has an approved grow site administrator and an active CTS account.(10) The CTS non-refundable user fee must be paid by the approved grow site administrator on an annual basis. A request to be designated the grow site administrator under section (8) of this rule must be accompanied by a CTS nonrefundable user fee if the request is made within 45 days of the due date for the annual CTS non-refundable user fee.Or. Admin. Code § 333-008-0638
PH 248-2018, adopt filed 08/17/2018, effective 8/17/2018; PH 282-2018, f. 12/20/2018, & cert. ef. 1/1/2019; PH 19-2019, amend filed 10/08/2019, effective 10/8/2019; PH 22-2019, amend filed 11/15/2019, effective 1/1/2020; PH 88-2022, minor correction filed 05/25/2022, effective 5/25/2022Statutory/Other Authority: ORS 475C.871 & 475C.919
Statutes/Other Implemented: ORS 475C.871