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(a)A consumable hemp product license is valid for
one year from the date displayed on the license.
(b)The department shall issue and renew a license
if the license holder:
(1)is eligible to obtain a license under §300.201
of this subchapter (relating to Application for License or Renewal);
(2)submits a license fee to the department;
(3)does not owe outstanding fees to the department;
(4)possesses testing results of consumable hemp products
before their manufacture, distribution, or sale into commerce, and
provides those testing results upon department request; and
(5)has not been convicted of a felony relating to
a controlled substance under federal law or the law of any state in
the ten years before the date of renewal of the license.
(c)Fees.
(1)Before the manufacture, processing, or distribution
of consumable hemp products, a license holder must pay a fee of $250
per facility.
(2)For each facility a license holder must pay:
(A)a $250.00 fee for amendment to a new license due
to a change of ownership of the licensed facility; or
(B)a $125.00 fee for any amendment during the licensure
period due to minor changes, such as change of location, change of
name, or change of address.
(3)Fees are not prorated.
(4)A person who files a renewal application after
the expiration date of the current license must pay an additional
delinquency fee of $100.
(d)An application for an amendment of a consumable
hemp product license is complete when the department has received,
reviewed, and found acceptable the application information and fee
required by the subsection (c) of this section.
(e)An initial and renewal application for a consumable
hemp product license must be processed in accordance with the following
time periods:
(1)the first time period of 45 business days begins
on the date the department receives a completed application. If an
incomplete application is received, the period ends on the date the
facility is issued a written notice that the application is incomplete.
The written notice shall be issued within 45 business days after receipt
of the incomplete application and describe the specific information
or fee that is required before the application is considered complete;
(2)the second time period of 45 business days begins
on the date the department receives a completed application and ends
on the date the license is issued or the facility is issued a written
notice that the application is being proposed for denial; and
(3)if the applicant fails to submit the requested
information or fee within 135 calendar days after the date the department
issued the written notice to the applicant as described in paragraph
(1) of this subsection, the application is considered withdrawn.
(f)Reimbursement of fees:
(1)in the event the application is not processed within
the time periods stated in subsection (g) of this section, the applicant
has the right to make a written request within 30 business days after
the end of the second time period that the department shall reimburse
in full the fee paid in that application process; and
(2)if the department finds that good cause does not
exist for exceeding the established periods, the request shall be
denied, and the department shall notify the applicant in writing of
the denial of the reimbursement within 30 business days after the
department's decision.
The agency certifies that
legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed
with the Office of the Secretary of State on July 13, 2020
TRD-202002881 Barbara L. Klein
General Counsel
Department of State Health Services
Effective date: August 2, 2020
Proposal publication date: May 8, 2020
For further information, please call: (512) 231-5653
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