Section R9-17-301. Principal Officers and Board Members  


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  • A.      For the purposes of this Chapter, in addition to the individual or individuals identified in the dispensary’s by-laws as princi- pal officers of the dispensary, the following individuals are considered principal officers:

    1.        If an individual is applying for a dispensary registration certificate, the individual;

    2.        If a corporation is applying for a dispensary registration certificate, two individuals who are officers of the corpo- ration;

    3.        If a partnership is applying for a dispensary registration certificate, two of the individuals who are partners;

    4.        If a limited liability company is applying for a dispensary registration certificate, a manager or, if the limited liabil- ity company does not have a manager, an individual who is a member of the limited liability company;

    5.        If an association or cooperative is applying for a dispen- sary registration certificate, two individuals who are members of the governing board of the association or cooperative;

    6.        If a joint venture is applying for a dispensary registration certificate, two of the individuals who signed the joint venture agreement; and

    7.        If a business organization type other than those described in subsections (A)(2) through (6) is applying for a dispen-

    sary  registration  certificate,  two  individuals  who  are members of the business organization.

    B.       For purposes of this Chapter, in addition to the individual or individuals identified in the dispensary’s by-laws as board members of the dispensary, the following individuals are con- sidered board members:

    1.        If a corporation is applying for a dispensary registration certificate, the officers of the corporation;

    2.        If a partnership is applying for a dispensary registration certificate, the partners;

    3.        If a limited liability company is applying for a dispensary registration certificate, the members of the limited liabil- ity company;

    4.        If an association or cooperative is applying for a dispen- sary registration certificate, the members of the associa- tion or cooperative;

    5.        If a joint venture is applying for a dispensary registration certificate, the individuals who signed the joint venture agreement; and

    6.        If a business organization type other than the types of business organizations in subsections (B)(1) through (5), the members of the business organization.

    C.      When a dispensary is required by this Chapter to provide information, sign documents, or ensure actions are taken, the individual or individuals in subsection (A) shall comply with the requirement on behalf of the dispensary.

Historical Note

New Section made by exempt rulemaking at 17 A.A.R.

734, effective April 14, 2011 (Supp. 11-2).