11 Alaska Admin. Code § 40.050

Current through September 25, 2024

Section 11 AAC 40.050 - Application for new registration

(a) An applicant for registration in the Alaska Industrial Hemp Program must file an application on a form that the division prescribes.

(b) An application for a new industrial hemp registration must include

(1) the full legal name of the applicant; if the applicant is a business entity, the application must contain

(A) the name of the business entity, including its designation as corporation, partnership, association, limited liability company, or other permissible business formation;

(B) the names of its officers, members, and partners, as applicable;

(C) proof that the business entity is authorized by and in good standing with the state, and other jurisdictions, as applicable; and

(D) documentation validating the authority of the signatory to bind the entity;

(2) the business name the applicant will use for its industrial hemp operations, along with any applicable business licenses issued under AS 43.70;

(3) the physical address of the applicant;

(4) the mailing address and an electronic mailing address of the applicant; and

(5) the address, GPS coordinates, and a map of the area to be used to produce, process, or offer, with or without compensation, to a consumer industrial hemp.

(c) An application for registration in the Alaska Industrial Hemp Pilot Program must be signed by

(1) the applicant, if the applicant is an individual; or

(2) an authorized representative of a business entity, if the applicant is a business entity.

(d) Each signatory to an application for an industrial hemp registration must declare under penalty of unsworn falsification that

(1) the application is true, correct, and complete;

(2) the signatory has authority to bind the applicant.

(3) the applicant has read and is familiar with AS 03.05.010, 03.05.076-03.05.100, and this chapter; and

(4) the applicant has not been convicted of a felony described in AS 03.05.076(a)(3)(A) or (B); for purposes of this paragraph,

(A) a conviction is any plea of guilty or nolo contendere, or any finding of guilt, except when the finding of guilt is subsequently overturned on appeal, pardoned, or expunged;

(B) a conviction is expunged when the conviction is removed from the individual's criminal history record and there are no legal disabilities or restrictions associated with the expunged conviction, other than the fact that the conviction may be used for sentencing purposes for subsequent convictions; and

(C) where an individual is allowed to withdraw an original plea of guilty or nolo contendere and enter a plea of not guilty and the case is subsequently dismissed, the individual is no longer considered to have a conviction for purposes of this paragraph;

(e) The completed application and fees may be filed electronically, mailed, or hand-delivered to the division.

(f) All fees, including non-refundable application fees, registration fees, and, if applicable, industrial hemp product endorsement fees set out in 11 AAC 40.100 must be paid before the division will approve an application for a registration or an endorsement.

(g) If an applicant applies for more than one class of registration, a separate application and all required fees must be submitted for each class of registration.

11 AAC 40.050

Eff. 4/4/2020, Register 234, April 2020; am 11/3/2023, Register 248, January 2024

Authority:AS 03.05.010

AS 03.05.076