N.J. Admin. Code § 17:30-18.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 17:30-18.3 - Testing laboratory license qualification

(a) A license applicant shall provide the Commission with a complete disclosure that includes all true parties of interest.

1. The license applicant or license holder shall not attempt to conceal or disguise ownership or other control over its operations in its submissions.

(b) The Commission shall determine that a license applicant or license holder is qualified to hold a testing laboratory license where:

1. Each owner, principal, employee, or volunteer of a testing laboratory license applicant or license holder has submitted a criminal history background check pursuant to N.J.A.C. 17:30-7.12 or is excused from doing so pursuant to N.J.A.C. 17:30-18.2(b)7 i;

2. No owner, principal, employee, or volunteer of a testing laboratory license applicant or license holder has a disqualifying conviction pursuant to N.J.A.C. 17:30-7.12(d) without evidence of rehabilitation pursuant to N.J.A.C. 17:30-7.12(e);

3. Each owner and principal of the testing laboratory license applicant or license holder is eligible to be an owner or principal, respectively, of the license applicant or license holder in accordance with N.J.A.C. 17:30-6.8;

4. For each person requesting a determination of qualification as part of a license applicant or license holder, the license applicant or license holder has paid a background investigation fee pursuant to N.J.A.C. 17:30-7.17; and

5. The license applicant and its owners and principals do not:

i. Create a danger to the public health, safety, and general welfare of the State;

ii. Distribute marijuana to minors;

iii. Share revenue with a gang or cartel;

iv. Divert marijuana from personal use or cannabis states to other states;

v. Engage in trafficking of controlled substances or other illegal activity; or

vi. Engage in violence or the use of firearms as part of testing laboratory operations.

(c) The Commission shall determine that a license applicant or license holder is not qualified to hold a license where the license applicant or license holder:

1. Does not meet the requirements at (b) above;

2. Fails to provide information, documentation, and assurances as required at P.L. 2021, c. 16(N.J.S.A. 24:6I-31 et seq.), or this subchapter or as requested by the Commission, including failure to provide a required criminal history record background check or to cooperate with the Commission in its investigation;

3. Fails to reveal any material fact pertaining to qualification; or

4. Supplies information that is untrue or misleading as to a material fact pertaining to the qualification criteria for a testing license.

(d) If a person is determined to be disqualified, such disqualification shall be considered a final agency action subject to judicial review pursuant to N.J.A.C. 17:30-20.10, and the Commission shall provide the determination to the person in writing, which shall include:

1. Notice of the determination of disqualification, including when disqualification is due to a disqualifying conviction pursuant to N.J.A.C. 17:30-7.12 d) or the determination of the absence of sufficient evidence of rehabilitation pursuant to N.J.A.C. 17:30-7.12(e);

2. The specific reason for the disqualification, including any conviction that constitutes the basis for the disqualification pursuant to N.J.A.C. 17:30-7.12(d) and

3. Information about appeal rights pursuant to N.J.A.C. 17:30-20.10.

N.J. Admin. Code § 17:30-18.3

Recodified from 17:30-15.3 by 55 N.J.R. 402(a), effective 3/6/2023