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006.02.7-25. Abandonment of License

AR ADC 006.02.7-25Arkansas Administrative CodeEffective: July 16, 2020

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 02. Alcoholic Beverage Control
Rule 7. Rules Governing the Oversight of Medical Marijuana Cultivation Facilities, Processors and Dispensaries by the Alcoholic Beverage Control Division
Effective: July 16, 2020
Ark. Admin. Code 006.02.7-25
006.02.7-25. Abandonment of License
25.1 Notice of Intent to Commence Operations
a. If a licensed cultivator, licensed processor, licensed dispensary, or licensed transporter within 365 days of its initial license being issued or within 365 days of its renewal, if the initial license was issued prior to January 1, 2020, fails to notify the Division of its intent to commence operations pursuant to rule 4.2, the license shall be considered abandoned and shall be immediately surrendered to the Director.
b. A licensed cultivator, licensed processor, licensed dispensary, or licensed transporter prior to the abandonment of the license may submit a written petition to Director for a one-time 60 day extension which will be granted upon a finding that the delay was not due to inattention on the part of the licensee and there is a good faith basis to grant the extension.
25.2 Petition for Return
Within thirty (30) days of the date the license is abandoned, the licensee may petition the Board to have the license returned by submitting evidence of the following information:
a. That all taxes and fees owing the state have been paid;
b. The reason for the delay; and
c. The date the licensee intends to commence operations.
25.3 Return of License
The Board may return the license if the Board finds that:
a. Business circumstances exist to justify the delay;
b. The delay to commence operations was not due to mere deferral or inattention on the part of the licensee; and
c. The license should be returned
25.4 License Revocation
If the licensee does not petition for the return of the license, or if the Board rejects the petition, the license shall be considered revoked.

Credits

Adopted July 16, 2020.
Current with amendments received through December 15, 2023. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.02.7-25, AR ADC 006.02.7-25
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