Ala. Admin. Code r. 538-X-3-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 538-X-3-.02 - Definitions

(1) "Amended Application." An Applicant's filing, after an original application, by which the Applicant may correct any errors identified by the Applicant, to more accurately reflect facts relating to the proposed business, to generally revise and improve the quality of its previously filed application to the Commission, or for any other valid purpose. An Amended Application may be filed at any time during the window for filing an original application. After the window closes for filing an original application, an Amended Application may be filed only upon a showing of extenuating circumstances.

(2) "Applicant Questions Portal." A platform on the AMCC website designed to allow Applicants, Licensees, and others at the Commission's discretion to ask questions, make requests or share information with the Commission, particularly during the Application Process.

(3) "Application Process." The time from the date of the Offering Announcement to the Commission's issuance of all licenses in the same offering. Notwithstanding the foregoing, for the initial offering period, the Application Process shall begin on September 1, 2022.

(4) "Begin Applying for a License." The Applicant's submission of a request for application to the Commission. As to the initial offering, the window to submit such a request opens on September 1, 2022.

(5) "Commencement of Operations." The date on which the Applicant expects to begin doing business as a licensee in the cannabis or medical cannabis industry, assuming the Applicant is ultimately issued a license.

(6) "Contact Person." A knowledgeable individual designated by the Applicant to be the liaison between the Applicant and the Commission during the application process.

(7) "Correction." or "Deemed Corrected." The Commission's act of accepting a proposed change offered by an Applicant in response to a deficiency identified by the Commission. The application is "deemed corrected" when the proposed change is approved by the Commission.

(8) "Deficiency." An error in an application identified by the Commission for which a Notice of Deficiency is communicated in writing to the Applicant. As used herein, a deficiency shall include but is not limited to: corrupted or illegible file materials, incomplete applications (i.e., missing required documentation), improperly formatted or labeled materials, and typographical or formatting errors preventing reasonable understanding of one or more of the Applicant's statements.

(9) "Extenuating Circumstances." Reasons offered by the Applicant for needing to amend its application after the window for filing original Applications has closed, to be explained by the Applicant in a Petition to Amend Application Based on Extenuating Circumstances. An Amended Application sought in connection with such a Petition, which may be approved, or not, by the Commission, may be referred to as an "Extenuating Circumstances Amended Application."

(10) "Extraordinary Circumstances." Reasons offered by the Applicant for needing additional time to file proposed corrections in response to a Notice of Deficiency issued by the Commission, to be explained by the Applicant in a Petition to Extend Time for Filing Proposed Corrections Due to Extraordinary Circumstances. An Applicant's Proposed Corrections in connection with such a Petition, which may be approved, or not, by the Commission, may be referred to as an "Extraordinary Circumstances Application."

(11) "License Awarded." The Commission's decision to grant a license to a particular Applicant, after which the Applicant has an obligation to pay the license fee.

(12) "License Issued." The Commission's delivery of a license to a particular Applicant, after the license fee has been paid and all obstacles to the Applicant's assuming the role of a Licensee have been removed. An Applicant becomes a Licensee upon receipt of the Commission's issuance of the license.

(13) "Offering," The licenses at stake, as to which the Commission may consider awarding and issuing, during a particular application process. For purposes of this Chapter, the "Initial Offering" is the licenses at stake during the first application process, which begins with the Applicants' Request for Application, the window for which opens September 1, 2022. For purposes of this Chapter, "Subsequent Offerings" shall refer to the licenses that are at stake during future application processes, after the initial offering.

(14) "Offering Announcement." The Commission's public announcement of an offering, to occur prior to (normally 15-45 days before) the opening of the window during which Requests for Application may be submitted.

(15) "Responsible Person." A person other than the contact person who holds substantial ownership or is employed by Applicant and has authority to speak and act on behalf of the Applicant.

(16) "Submitted" or "Deemed Submitted." With respect to applications filed by Applicants pursuant to an offering, the time when all proposed corrections have been accepted and approved by a vote of the Commission and all properly filed applications (both original and amended) have been formally accepted and approved by a vote of the Commission, thereby opening the 60-daywindow in which the Commission must decide which Applicants shall be awarded licenses.

(17) "Sufficient Capital." Unless otherwise ordered by the Commission, the total of the Applicant's or Licensee's annual budgets or projected annual budgets during the first three full years after the license is issued to the Applicant.

Ala. Admin. Code r. 538-X-3-.02

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 11, August 31, 2022, eff. 10/15/2022.

Author: William H. Webster

Statutory Authority:Code of Ala. 1975, §§ 20-2A-22, as amended.