Ga. Comp. R. & Regs. 351-6-.10

Current through Rules and Regulations filed through August 15, 2024

Rule 351-6-.10 - Changes

(1) Changes to a dispensing licensee's name, owner(s), or agent require:

(a) A complete change application;

(b) A secure and verifiable document as set forth in Code Section 50-36-2;

(c) The required fee, as set forth in the fee schedule;

(d) Other documents and information as may be required by this rule;

(e) Other documents upon request by the Commission or its employees; and

(f) Commission approval. The Commission hereby delegates the authority and responsibility to determine whether changes to a dispensing licensee's name, owner, or agent are approved, or denied, to the GMCC Executive Director.

(2) If a dispensing licensee submits a change application to add an owner or remove an owner listed on the dispensing license, then such application shall include the following, to the extent applicable:

(a) To add an owner, provide the following information for the new owner:

1. Name;

2. Title;

3. Role, if different from the owner's current title;

4. Whether the person has served or is currently serving as an owner, officer, or agent for another entity licensed by the Commission;

5. Whether another like entity with which the owner or officer is associated has had a license revoked, disciplined, or the equivalent thereof, in this state or any other jurisdiction;

6. The ownership interest or financial interest in any other entity licensed by the Commission, if any; and

7. A copy of the new owner's secure and verifiable document as set forth in Code Section 50-36-2.

(b) To remove an owner, due to an owner being deceased, or due to an owner being ineligible due to a drug related felony conviction, provide the following about such owner:

1. A copy of the obituary or death certificate of the owner to be removed; or

2. A certified copy of the final disposition from the court in which the drug related felony conviction occurred.

(c) To remove an owner for any other reason, provide the following:

1. A signed and notarized affidavit from the respective owner attesting that they no longer hold any ownership interest in the dispensary; or

2. A signed and notarized affidavit from the applicant or agent, as listed on the application, attesting that an owner no longer holds any ownership interest in the dispensary.

(3) A request to change the location of a dispensing license shall be made by submitting a new dispensing license application as set forth in Rule 351-3-.02. Such application shall include the dispensing license number.

(a) If such application is approved, then the dispensing license number shall remain the same. However, the dispensing licensee shall not begin licensed operations at the new and approved location until after a successful and passing preliminary inspection as set forth in Rule 351-6-.01.

(b) A dispensing licensee receiving approval from the Commission for a change of location shall have a transition period of thirty (30) days from the date of approval unless a written extension for a longer period is issued by the Commission. The Commission hereby delegates the authority and responsibility to determine whether an extension is made and its duration, if any, to the GMCC Executive Director.

(c) In order to transfer inventory of product in final packaged form and begin operations at the new location, the following restrictions apply:

1. No product in final packaged form may be transferred to the new location prior to the beginning date of the approved transition period;

2. All product in final packaged form transferred to the new location shall be documented in the tracking system;

3. The licensee shall notify the Commission and its employees in writing or by electronic transmission once the transfer of inventory is complete; and

4. Any product in final packaged form remaining at the original location past the thirty (30) day transition period shall be destroyed and documented in the tracking system.

(4) If a change application contains information that the applicant claims to be confidential, then the applicant shall submit a redacted and an unredacted version of the application, along with an affidavit explaining or justifying such redactions.

Ga. Comp. R. & Regs. R. 351-6-.10

O.C.G.A. §§ 16-12-203, 16-12-206, 16-12-210, 16-12-217, 16-12-219.

Original Rule entitled "Changes" adopted. F. Mar. 16, 2023; eff. Apr. 5, 2023.