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42.39.119    DENIAL OR REVOCATION OF APPLICATION, LICENSE, OR ENDORSEMENT

(1) The department, after written notice to the applicant or licensee, may deny or revoke an application, license, or endorsement if:

(a) the applicant did not provide the information required in the application;

(b) the department determines the information provided in the application was inaccurate, misleading, or falsified;

(c) the applicant did not submit the required fee with application;

(d) the applicant is not a resident of the State of Montana as defined in 1-1-215, MCA;

(e) the department is notified in writing by a property owner revoking permission under 50-46-308, MCA;

(f) the applicant or licensee is found to be in violation of 50-46-308, 50-46-311, or 50-46-312, MCA;

(g) a provider or marijuana-infused product provider has been convicted of driving under the influence of alcohol or drugs under 50-46-320, MCA;

(h) a provider or marijuana-infused product provider is found to be in violation of 50-46-320(8), MCA;

(i) the applicant or licensee is found to be in violation of 50-46-330, MCA;

(j) the applicant or licensee did not report changes to the department in accordance with ARM 42.39.311;

(k) the licensee is no longer named as a provider or marijuana-infused product provider by a registered cardholder;

(l) the applicant is not in substantial compliance with any other licensing requirements established by this chapter;

(m) the provider or a provider's employee sells marijuana or marijuana items to a person who does not possess a valid registry identification card at the time of sale; or

(n) the applicant or licensee is found to be in violation of any provision under Title 50, chapter 46, part 3, MCA.

(2) Any denial or revocation under this part is subject to a contested case hearing before the department's Office of Dispute Resolution, as provided under ARM 42.2.621.

(3) A person whose application has been denied may not reapply for at least six months from the date of denial or revocation.

 

History: 50-46-344, MCA; IMP, 50-46-303, 50-46-308, 50-46-312, 50-46-329, 50-46-330, MCA; NEW, 2018 MAR p. 321, Eff. 4/10/18; TRANS, from ARM 37.107.130, 2021 MAR p. 765, Eff. 7/2/21; AMD, 2021 MAR p. 1147, Eff. 9/11/21.

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