(a) A cultivation licensee may modify the renewal date of a cultivation license, as set forth in this section.
(b) “Modified License Term” means the period of time that falls between submission of a cultivation licensee's request to modify a license date of renewal and the requested modified license renewal date.
(c) “Original Renewal Date” means the scheduled date of renewal indicated on the cultivation license, prior to any renewal date modification pursuant to this section.
(d) “Prorated Daily License Fee” means the prorated license fee for one calendar day, which shall be calculated by dividing the applicable annual license fee by 365. The applicable annual license fee shall be the license fee required by section 15014, section 15014.2, or section 15020.1(d)(2).
(e) To modify the renewal date of a cultivation license, the cultivation licensee shall submit to the Department a request through the Department's online licensing system or by submitting a modified renewal date request form by electronic mail to [email protected], which shall include the following:
(1) The name of the cultivation licensee;
(2) The license number and current expiration date;
(3) A requested modified renewal date that is on or after the date of submission of all the information required by this section to the Department;
(4) Whether the cultivation licensee requests to place the license in Limited Operations Status pursuant to section 15020.1 or make a change in cultivation license size pursuant to section 15020.2; and
(5) The name, phone number, email address, and signature of the designated primary contact person or designated responsible party for the cultivation licensee submitting the request.
(f) The Department shall verify that all requirements for modifying a cultivation license renewal date have been met. If all requirements have been met, the Department shall notify the cultivation licensee in writing that the requirements for the requested modified renewal date have been met and shall disclose the fee the cultivation licensee must pay for the Modified License Term or the amount that will be refunded by the Department.
(g) To determine the fee that must be paid for the Modified License Term or the amount that will be refunded to the cultivation licensee by the Department, the Department shall:
(1) Determine the gross amount of any credit due from the Department to the cultivation licensee. To determine this amount, the Department shall:
(A) Determine the Prorated Daily License Fee for the current cultivation license.
(B) Multiply that Prorated Daily License Fee by the number of days the current cultivation license would have remained valid in the absence of any change to its renewal date, counting from the date the cultivation licensee submitted a request pursuant to subsection (e) until the Original Renewal Date.
(2) Determine the gross amount of the fee due from the cultivation licensee to the Department for the Modified License Term. To determine this amount, the Department shall:
(A) Determine the Prorated Daily License Fee for the cultivation license's Modified License Term.
(B) Multiply that Prorated Daily License fee by the number of days remaining on that cultivation license, counting from the date the cultivation licensee submitted a request pursuant to subsection(e) until the cultivation licensee's requested modified license renewal date.
(3) Determine the net difference between the gross amount of the credit due from the Department to the cultivation licensee pursuant to subsection (g)(1) and the gross amount of the fee due from the cultivation licensee to the Department pursuant to subsection (g)(2).
(A) If the gross amount of the credit due pursuant to subsection (g)(1) exceeds the gross amount of the fee due pursuant to subsection (g)(2), that net difference shall be refunded to the cultivation licensee by the Department. Refunds issued by the Department shall not exceed the license fee subject to the Modified License Term.
(B) If the gross amount of the credit due pursuant to subsection (g)(1) is less than the gross amount of the fee due pursuant to subsection (g)(2), the cultivation licensee shall pay that net difference to the Department. Payment shall be due within 30 calendar days of the date of the notification from the Department required by subsection (f).
(h) Notwithstanding section 15014.1(h)(1), cultivation licensees who have obtained a fee deferral pursuant to section 15014.1 shall pay all license fees in full within six months of the deferral being granted, or prior to the modified license renewal date, whichever is sooner.
(i) A cultivation licensee may only modify the renewal date of a cultivation license pursuant to this section once for each cultivation license.
Credits
Note: Authority cited: Section 26061.5, Business and Professions Code. Reference: Sections 26012, 26050 and 26061.5, Business and Professions Code.
History
1. New section filed 3-11-2024 as an emergency; operative 3-11-2024 (Register 2024, No. 11). This filing is a deemed emergency pursuant to Business and Professions Code section 26061.5(e). A Certificate of Compliance must be transmitted to OAL by 9-9-2024 or emergency language will be repealed by operation of law on the following day.
This database is current through 5/10/24 Register 2024, No. 19.
