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006.02.8-XI. Registration of Transporter/Distributor Agents

AR ADC 006.02.8-XIArkansas Administrative Code

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 02. Alcoholic Beverage Control
Rule 8. Rules Governing the Oversight of Medical Marijuana Transportation by Licensed Transporters and Distributors
Ark. Admin. Code 006.02.8-XI
006.02.8-XI. Registration of Transporter/Distributor Agents
Currentness
11.1 Registration Required
A Every individual employed by or working for or volunteering for a transporter/distributor shall register with the Division and obtain a registry identification card prior to the commencement of any activity on the transporter's/distributor's behalf.
B If an individual is employed by multiple licensed facilities, the individual shall obtain a separate registry identification card for each place of employment.
11.2 Application
A. The following items must be submitted to the Division to apply for a Transporter/Distributor Agent Registry Identification Card:
i. An application form from the Division to include the following information:
a. Legal name of applicant;
b. Date of birth;
c. Address of applicant;
d. Current employment information, including intended position with transporter/distributor; and
e. Criminal history information.
ii. A completed “Notice of Intent to Hire” form from the transporter/distributor specifying the intended job duties of the applicant.
iii. A signed, notarized “Authority to Release Information” form provided by the Division or obtained through a harvester approved by Arkansas State Police.
iv. An in-state criminal background check through the Arkansas State Police.
v. The applicant shall also furnish finger prints to the Arkansas State Police for transmission to the United States Federal Bureau of Investigation for investigation of the applicant's criminal history, if any.
(a) Fingerprints may be taken by a harvester approved by Arkansas State Police.
vi. The following signed forms to be provided by the Division:
(a) “Agency Privacy Requirements for Noncriminal Justice Applicants” form; and
(b) “Noncriminal Justice Applicant's Privacy Rights” form.
vii. An applicant shall not have to submit the information in subsections (iv), (v), and (vi):
(a) If the applicant holds an existing registry identification card for another licensed facility; or
(b) If the applicant has completed the required background checks for the purpose of obtaining a registry identification card in the 2 years prior to the application, and the applicant has never had a registration card suspended or revoked.
11.3 Registry Identification Card
A. An agent of a transporter/distributor shall maintain possession of their Transporter/Distributor Agent Registry Identification Card during any activity within the scope of employment or service of a transporter/distributor.
B. The registry identification card shall identify the following information:
i. Name of the cardholder;
ii. Date of birth;
iii. Name of the transporter/distributor;
iv. Date of issuance;
v. Date of expiration; and
vi. Registry identification number assigned by the Division.
11.4 Fees
A. Initial Registry Identification Card -- $50.00.
B. Renewal of Registry Identification Card -$50.00
C. Renewal late fee -- $25.00
D. Replacement of Registry Identification Card -$25.00
11.5 Issuance
A. The total fee for a registry identification card issued by the Division shall be $50.00.
B. The total fee shall be collected as follows:
i. One half of the fee shall be remitted along with the application; and
ii. One half of the fee shall be remitted upon notification by the Division that the application has been approved.
C. The Division shall issue the registry identification card within ten (10) days of receipt of the entire fee.
11.6 Replacement
A. The Division shall issue a replacement registry identification card to a transporter/distributor agent if the card has not expired.
B. In order to receive a replacement registry identification card, a person must present the following to the Division:
i. A valid government-issued photo identification:
ii. A completed “Request for Replacement Registry Identification Card” form to be provided by the Division; and
iii. A replacement fee of $25.00.
11.7 Expiration and Renewal
A. A registry identification card shall expire one (1) year after the date of issuance unless renewed as described in this rule.
B. A registry identification card shall expire upon notification to the Division by a transporter/distributor that the person is no longer employed by transporter/distributor.
C. Agents shall submit a renewal application, on a form to be provided by the Division, and the required fee in order to renew their cards.
D. The division shall renew registry identification cards within ten (10) days of receipt of the items described in subsection (C).
E. Renewals received after the date of expiration shall be subject to a renewal late fee of $25.00, in addition to the renewal fee. If a card is not renewed within one (1) month of expiration, the card shall be considered expired.
11.8 Separation of Employment.
A transporter/distributor shall notify the Division of any employment separation of a transporter/distributor agent by filing a Notice of Separation of Employment with the Division within seven (7) days following a transportation agent's last day of work for the transporter/distributor.
11.9 Persons Disqualified
A. The Division shall not issue a registry identification card to the following individuals:
i. Any person under twenty-one (21) years of age;
ii. Any person who has been convicted of an excluded felony offense;
iii. Any person who has had a registry identification card revoked by the Division within five (5) years of application; or
iv. Any person who has not paid the required fees.
B. The Division shall not issue a registry identification card to any person who fails to provide the information required by this rule.
C. If the Division denies an application for a registry identification card, the Division shall notify the applicant in writing of the reasons for the denial. The transporter/distributor will be notified of the denial.
D. The applicant may appeal the denial by requesting a hearing, which shall be held in accordance with the procedures described in this rule.

Credits

Adopted Dec. 13, 2020.
Current with amendments received through August 15, 2023. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.02.8-XI, AR ADC 006.02.8-XI
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