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006.02.7-22. Registration and Certification of Cultivation Facility Agents, Processor Agents, a...

AR ADC 006.02.7-22Arkansas 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 006.02.7-22
Formerly cited as AR ADC 006.02.7-20
006.02.7-22. Registration and Certification of Cultivation Facility Agents, Processor Agents, and Dispensary Agents
Currentness
22.1 Registration and Certification Required
a. Any employee, supervisor, volunteer, or agent of a cultivation facility, processor, or dispensary, including a dispensary pharmacist consultant, shall register with the Division and obtain a registry identification card prior to the commencement of any activity within the scope of employment or service at a cultivation facility, processor, or dispensary.
b. If an individual is employed by multiple licensed facilities, he or she shall obtain a separate registry identification card for each licensed facility he or she is employed.
22.2 Application
a. The following items must be submitted to the Alcoholic Beverage Control Division to apply for a Cultivation Facility, Processor, or Dispensary Agent Registry Card:
i. An application form from the Division to include the following information:
1. Legal name of applicant;
2. Date of birth;
3. Address of applicant;
4. Current employment information, including intended position in cultivation facility, processor or dispensary; and
5. Criminal history information.
ii. A completed “Notice of Intent to Hire” form from the cultivation facility or dispensary specifying the intended job duties of the applicant.
iii. A signed, notarized “Authority to Release Information” form provided by the Division.
iv. An in-state criminal background check through the Arkansas State Police, which may be submitted by electronic submission by an Arkansas State Police approved vendor.
v. The applicant shall also furnish finger prints to the Arkansas State Police, which may be collected by an Arkansas State Police approved vendor for electronic submission, for transmission to the United States Federal Bureau of Investigation for investigation of the applicant's criminal history, if any.
vi. The following signed forms to be provided by the Division:
1. “Agency Privacy Requirements for Noncriminal Justice Applicants” form; and
2. “Noncriminal Justice Applicant's Privacy Rights” form.
vii. An applicant shall not have to submit the information in sections iv., v., and vi.:
1. If the applicant holds an existing registry identification card for another licensed facility; or
2. 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.
22.3 Registry Identification Card
a. Any employee, supervisor, volunteer, or agent of a cultivation facility, processor, or dispensary, including a dispensary pharmacist consultant, shall maintain possession of their registry identification card during any activity within the scope of employment or service at a cultivation facility or dispensary. The card shall either be kept on the individual's person or in an accessible location on the premises of the licensed facility.
b. The registry identification card shall identify the following information:
i. Name of the cardholder;
ii. Date of birth;
iii. Name of cultivation facility, processor, or dispensary;
iv. Date of issuance;
v. Date of expiration;
vi. Registry identification number assigned by the Division.
22.4 Fee
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.
ii. One half of the fee shall be remitted upon notification by the Division that the application has been approved.
22.5 Issuance
a. The Division shall not issue a registry identification card until:
i. It has received the results of both criminal background checks required by rule 22.2; and
ii. It has received the fees required by rule 22.4.
b. Registry identification cards shall be issued by the Division within ten (10) days of receipt of the entire fee as described in rule 20.4.
22.6 Replacement
a. The Division shall issue a replacement registry identification card to a dispensary, processor, cultivation facility 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 i.d.
ii. A completed “Request for Replacement Registry Identification Card” form to be provided by the Division.
iii. A replacement fee of $25.00.
22.7 Expiration and Renewal
a. A registry identification card shall expire on June 30 of each calendar year and is renewable on or before June 30 of each calendar year for the fiscal year beginning July 1.
b. A registry identification card shall expire upon notification to the Division by a dispensary, processor, or cultivation facility that the person is no longer employed by the dispensary, processor, or cultivation facility.
c. Cardholders shall submit a renewal form to be provided by the Division and a fee of $50.00 in order to renew their cards.
d. Cards shall be renewed within ten (10) days of receipt of the items described in section c.
e. Renewals received after the date of expiration shall be subject to a penalty 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.
22.8 Separation of Employment
A dispensary, processor, cultivation facility shall notify the Division of any separation of employment with a registered agent by filing a Notice of Separation of Employment with the Division any time a dispensary agent, processor agent, or cultivation facility's agent ceases to be employed by the dispensary, processor or cultivation facility. The Notice of Separation of Employment shall be filed within 7 days following an agent's last day of employment at the licensed facility.
22.9 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 fees required by rule 22.4.
b. The Division shall not issue a registry identification card to any person who fails to provide the information required in rule 22.2.
22.10 Suspension and Revocation
a. The Division may revoke the registry identification card of a dispensary, processor, or cultivation facility agent who knowingly violates any provision set forth in Section 23 of these Rules.
b. The Division may revoke or suspend the dispensary license, cultivation facility license, or processor license of a dispensary, cultivation facility or processor facility that the Division determines knowingly aided or facilitated a violation of any provision set forth in Section 23 of these Rules.

Credits

Adopted July 29, 2017. Amended July 16, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.02.7-22, AR ADC 006.02.7-22
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