Section R9-17-107. Time-frames

A.      Within the administrative completeness review time-frame for each type of approval in Table 1.1, the Department shall:

1.        Issue a registry identification card or dispensary registra- tion certificate;

2.        Provide a notice of administrative completeness to an applicant; or

3.        Provide a notice of deficiencies to an applicant, including a list of the information or documents needed to complete the application.

B.       An application for approval to operate a dispensary is not com- plete until the date the applicant states on a written notice pro- vided to the Department that the dispensary is ready for an inspection by the Department.

C.      If the Department provides a notice of deficiencies to an appli- cant:

1.        The administrative completeness review time-frame and the overall time-frame are suspended from the date of the notice of deficiencies until the date the Department receives the missing information or documents from the applicant;

2.        If the applicant does not submit the missing information or documents to the Department within the time-frame in Table 1.1, the Department shall consider the application withdrawn; and

3.        If the applicant submits the missing information or docu- ments to the Department within the time-frame in Table 1.1, the substantive review time-frame begins on the date the Department receives the missing information or docu- ments.

D.      Within the substantive review time-frame for each type of approval in Table 1.1, the Department:

1.        Shall issue or deny a registry identification card or dis- pensary registration certificate;

2.        May complete an inspection that may require more than one visit to a dispensary and, if applicable, the dispen- sary’s cultivation site; and

3.        May make one written comprehensive request for more information, unless the Department and the applicant agree in writing to allow the Department to submit sup- plemental requests for information.

E.       If the Department issues a written comprehensive request or a supplemental request for information:

1.        The substantive review time-frame and the overall time- frame are suspended from the date of the written compre- hensive request or the supplemental request for informa- tion until the date the Department receives all of the information requested, and

2.        The applicant shall submit to the Department all of the information and documents listed in the written compre- hensive request or supplemental request for information within 10 working days after the date of the comprehen- sive written request or supplemental request for informa- tion.

F.       If an applicant for an initial dispensary registration certificate is allocated a dispensary registration certificate as provided in R9-17-303, the Department shall provide a written notice to the applicant of the allocation of the dispensary registration certificate that contains the dispensary’s registry identification number.

1.        After the applicant receives the written notice of the allo- cation, the applicant shall submit to the Department for each principal officer or board member for whom finger- prints were submitted:

a.        An application for a dispensary agent registry identi- fication card that includes:

i.         The principal officer’s or board member’s first name; middle initial, if applicable; last name; and suffix, if applicable;

ii.        The principal officer’s or board member’s resi- dence address and mailing address;

iii.      The county where the principal officer or board member resides;

iv.      The principal officer’s or board member’s date of birth;

v.        The identifying number on the applicable card or document in subsection (F)(1)(b)(i) through (v);

vi.      The name and registry identification number of the dispensary;

vii.     One of the following:

(1)     A statement that the principal officer or board member does not currently hold a valid registry identification card, or

(2)     The assigned registry identification num- ber for each valid registry identification card currently held by the principal officer or board member;

viii.   A statement signed by the principal officer or board member pledging not to divert marijuana to any individual who or entity that is not allowed    to   possess    marijuana   pursuant   to

A.R.S. Title 36, Chapter 28.1;

ix.      An attestation that the information provided in and with the application is true and correct; and

x.        The signature of the principal officer or board member and the date the principal officer or board member signed;

b.        A copy the principal officer’s or board member’s:

i.         Arizona driver’s license issued on or after October 1, 1996;

ii.        Arizona identification card issued on or after October 1, 1996;

iii.      Arizona registry identification card;

iv.      Photograph page in the principal officer’s or board member’s U.S. passport; or

v.        Arizona driver’s license or identification card issued before October 1, 1996 and one of the following for the principal officer or board member:

(1)     Birth certificate verifying U.S. citizenship,

(2)     U. S. Certificate of Naturalization, or

(3)     U. S. Certificate of Citizenship;

c.        A current photograph of the principal officer or board member; and

d.        The applicable fee in R9-17-102 for applying for a dispensary agent registry identification card.

2.        After receipt of the information and documents in subsec- tion (F)(1), the Department shall review the information and documents.

a.        If the information and documents for at least one of the principal officers or board members complies with the A.R.S. Title 36, Chapter 28.1 and this Chapter, the Department shall issue:

i.         A dispensary agent registry identification card to any principal officer or board member whose dispensary agent registry identification card application complies with A.R.S. Title 36, Chapter 28.1 and this Chapter; and

ii.        The dispensary registration certificate.

b.        If the information and documents for a dispensary agent registry identification card application for any principal officer or board member does not comply with A.R.S. Title 36, Chapter 28.1 and this Chapter, the Department shall deny the dispensary agent reg- istry identification card application and provide notice to the principal officer or board member and to the dispensary that includes:

i.         The specific reasons for the denial; and

ii.        The process for requesting a judicial review of the Department’s decision pursuant to A.R.S. Title 12, Chapter 7, Article 6.

G.      The Department shall issue:

1.        A registry identification card or an approval to operate a dispensary, as applicable, if the Department determines that the applicant complies with A.R.S. Title 36, Chapter

28.1 and this Chapter;

2.        For an applicant for a registry identification card, a denial that includes the reason for the denial and the process for requesting judicial review if:

a.        The Department determines that the applicant does not comply with A.R.S. Title 36, Chapter 28.1 and this Chapter; or

b.        The applicant does not submit all of the information and documents listed in the written comprehensive request or supplemental request for information within 10 working days after the date of the compre- hensive written request or supplemental request for information;

3.        For an applicant for a dispensary registration certificate, if the Department determines that the dispensary registra- tion certificate application complies with A.R.S. Title 36, Chapter 28.1 and this Chapter but the Department is not issuing a dispensary registration certificate to the appli- cant because all available dispensary registration certifi- cates have been allocated according to the criteria and processes in R9-17-303, written notice that:

a.        The dispensary registration certificate application complies with A.R.S. Title 36, Chapter 28.1 and this Chapter;

b.        The applicant was not allocated a dispensary regis- tration certificate according to the criteria and pro- cesses in R9-17-303; and

c.        The written notice is not a denial and is not consid- ered a final decision of the Department subject to administrative review; or

4.        For an applicant for a dispensary registration certificate, a denial that includes the reason for the denial and the pro- cess for administrative review if:

a.        The Department determines that a dispensary regis- tration certificate application does not comply with

A.R.S. Title 36, Chapter 28.1 or this Chapter; or

b.        The applicant does not submit all of the information and documents listed in the written comprehensive request or supplemental request for information within 10 working days after the date of the compre- hensive written request or supplemental request for information.

Historical Note

New Section made by exempt rulemaking at 17 A.A.R. 734, effective April 14, 2011 (Supp. 11-2). Amended by final rulemaking at 18 A.A.R. 3354, with an immediate effective date of December 5, 2012 (Supp. 12-4).